1-1     By:  Chisum, et al. (Senate Sponsor - Madla)           H.J.R. No. 2
 1-2           (In the Senate - Received from the House May 1, 2001;
 1-3     May 2, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 9, 2001, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; May 9, 2001, sent to printer.)
 1-6                           HOUSE JOINT RESOLUTION
 1-7     proposing a constitutional amendment authorizing a commissioners
 1-8     court of a county to declare the office of constable in certain
 1-9     precincts dormant and providing a procedure for reinstatement of
1-10     the office.
1-11           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 18, Article V, Texas Constitution, is
1-13     amended by adding Subsection (h) to read as follows:
1-14           (h)  The commissioners court of a county may declare the
1-15     office of constable in a precinct dormant if at least seven
1-16     consecutive years have passed since the end of the term of the
1-17     person who was last elected or appointed to the office and during
1-18     that period of time no person was elected to fill that office, or
1-19     during that period a person was elected to that office, but the
1-20     person failed to meet the qualifications of that office or failed
1-21     to assume the duties of that office.  If an office of constable is
1-22     declared dormant, the office may not be filled by election or
1-23     appointment and the previous officeholder does not continue to hold
1-24     the office under Subsection (a) of this section or Section 17,
1-25     Article XVI, of this constitution. The records of an office of
1-26     constable declared dormant are transferred to the county clerk of
1-27     the county.  The commissioners court may reinstate an office of
1-28     constable declared dormant by vote of the commissioners court or by
1-29     calling an election in the precinct to reinstate the office.  The
1-30     commissioners court shall call an election to reinstate the office
1-31     if the commissioners court receives a petition signed by at least
1-32     10 percent of the qualified voters of the precinct.  If an election
1-33     is called under this subsection, the commissioners court shall
1-34     order the ballot for the election to be printed to permit voting
1-35     for or against the proposition: "Reinstating the office of
1-36     Constable of Precinct No. ____ that was previously declared
1-37     dormant."  The office of constable is reinstated if a majority of
1-38     the voters of the precinct voting on the question at the election
1-39     approve the reinstatement.
1-40           SECTION 2. This proposed constitutional amendment shall be
1-41     submitted to the voters at an election to be held November 5, 2002.
1-42     The ballot shall be printed to permit voting for or against the
1-43     proposition: "The constitutional amendment authorizing the
1-44     commissioners court of a county to declare the office of constable
1-45     in a precinct to be dormant if the office has not been filled by
1-46     election or appointment for a lengthy period and providing a
1-47     procedure for the reinstatement of the office."
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