C.S.H.J.R. 75 78(R)    BILL ANALYSIS

C.S.H.J.R. 75
By: Chisum
County Affairs
Committee Report (Substituted)


BACKGROUND AND PURPOSE 
Due to the particular hardships of senior citizens in Texas, additional
attention is often needed to address the important needs of seniors. This
bill proposes a constitutional amendment to allow for the creation of the
office of a county senior citizens advisor.  

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1. The commissioners court of a county shall call an election to
be held regarding the creation of the office of senior citizens advisor if
the commissioners court receives a petition of registered voters
requesting the election. An election will occur on the date of the first
general election  for state and county officers that occurs after the 90th
day after the date the petition is submitted to the commissioners court.
The office of senior citizens advisor is created only if the majority of
votes favor the creation of the position.  

The advisor will be elected by the voters for a term of four years.
Following the election creating the office, the commissioners court shall
appoint a person to fill the position until the end of the year in which
the next general election is held. Vacancies of the office shall be filled
by the commissioners court.  

The court shall set the duties of the office, which must include: making
findings of fact on matters that affect senior citizens and on which
assistance is requested. Such assistance includes filing complaints with
agencies on the citizens' behalf, referring  the findings to a prosecutor,
or negotiating on behalf of the senior with a public or private entity.
The senior citizens advisor is to conduct seminars for senior citizens to
promote their safety, help them recognize fraudulent business schemes, and
raise other issues affecting the citizens to enhance community awareness.  

The advisor may not make policy for the county without the consent of the
commissioners court. The court may allocate funds or resources for the
office of the advisor. Unless funds are made available by the court, the
advisor is not entitled to compensation incurred while serving in the
office; nor is the advisor authorized to perform a duty that involves the
commitment of county funds without the court's approval. The advisor is
not liable for an act or omission made in good faith. 

With a petition signed by registered voters, the commissioners court may
hold an election to abolish the office of senior citizens advisor. The
election will be held on the date of the  first general election that
occurs after the 90th day after the petition is submitted. If a majority
of votes favors the abolition of the office, the office of senior citizens
advisor is abolished on the first day of the year following the year of
the election. 

EFFECTIVE DATE
November 4, 2003

FOR ELECTION
This proposed constitutional amendment shall be submitted to the voters at
an election to be held on November 4, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE
Amends Section 1. Article IX, Texas Constitution, Section 15 (l).