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78R5949 DRH-D
By: Chisum H.J.R. No. 75
A JOINT RESOLUTION
proposing a constitutional amendment to allow the creation, by
local option election, of the office of county senior citizens
advisor.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article IX, Texas Constitution, is amended by
adding Section 15 to read as follows:
Sec. 15. (a) The commissioners court of a county shall
call an election to be held in the county on the creation of the
office of senior citizens advisor if the commissioners court
receives a petition requesting the election signed by a number of
registered voters of the county equal to five percent of the total
number of votes cast for all candidates in the most recent
gubernatorial election held in the county.
(b) An election required by Subsection (a) shall be held on
the date of the first general election for state and county officers
held in the county that occurs after the 90th day after the date the
petition is submitted to the commissioners court.
(c) At the election the ballot shall be prepared to permit
voting for or against the following proposition: "The creation of
the office of senior citizens advisor for (name of county) County."
(d) The office of senior citizens advisor is created only if
a majority of the votes cast on the proposition at the election
favor the proposition.
(e) The office of senior citizens advisor is elected by the
voters of a county for a term of four years in the same manner as
other officers who are elected countywide.
(f) Following an election creating the office under this
section, the commissioners court shall appoint a person to serve as
senior citizens advisor until the end of the year in which the next
general election for state and county officers is held. Subsequent
terms of the office are filled by election as required by Subsection
(e).
(g) The commissioners court shall fill a vacancy in the
office of senior citizens advisor.
(h) The commissioners court shall set the duties of the
office of senior citizens advisor in a manner that protects the
integrity of other county offices and state or federal regulatory
agencies.
(i) The duties must include:
(1) making findings of fact about a matter that
affects a senior citizen and on which assistance is requested on
behalf of the senior citizen and, in appropriate cases:
(A) filing a complaint with an appropriate state
or federal agency on behalf of the affected senior citizen;
(B) referring the findings to a prosecuting
attorney; or
(C) negotiating on behalf of the affected senior
citizen with a public or private entity; and
(2) conducting training and educational seminars for
senior citizens to:
(A) promote their personal safety;
(B) help them recognize fraudulent business
schemes that target senior citizens; and
(C) raise other issues affecting senior citizens
for the purpose of enhancing community awareness of those issues
and benefiting the senior citizens.
(j) Unless authorized by the commissioners court, a senior
citizens advisor may not make policy for the county.
(k) The commissioners court may allocate funds or other
resources for the office of senior citizens advisor, including
gifts or grants the commissioners court may accept on behalf of the
office.
(l) Unless funds are made available under Subsection (k),
the senior citizens advisor is not entitled to compensation for
service or to reimbursement for expenses incurred while serving in
office.
(m) Except to the extent that funds or other resources are
made available under Subsection (k), the senior citizens advisor
has no authority to perform a duty that involves the commitment of
county funds or other resources.
(n) The senior citizens advisor is not liable for an act or
omission made in good faith.
(o) The commissioners court, on receipt of a petition signed
by a number of registered voters of the county equal to five percent
of the total number of votes cast for all candidates in the most
recent gubernatorial election held in the county, shall call an
election on the abolition of the office of senior citizens advisor.
(p) The election shall be held on the date of the first
general election for state and county officers held in the county
that occurs after the 90th day after the date the petition is
submitted to the commissioners court.
(q) At the election the ballot shall be prepared to permit
voting for or against the following proposition: "The abolition of
the office of senior citizens advisor for (name of county) County."
(r) The office of senior citizens advisor is abolished on
the first day of the year following the year of the election if a
majority of the votes cast on the proposition at the election favor
the proposition.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held on November 4,
2003. The ballot shall be printed to permit voting for or against
the proposition: "The constitutional amendment to allow the
creation, by local option election, of the office of county senior
citizens advisor."