79R3106 DRH-D

By:  Seliger                                                    S.J.R. No. 14 



A JOINT RESOLUTION

proposing a constitutional amendment allowing a county to abolish 
and reinstate the office of constable in the county or in a precinct 
of the county.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article V, Texas Constitution, is amended by 
adding Section 18A to read as follows:
	Sec. 18A.  (a)  The commissioners court of a county may call 
an election in the county to abolish the office of constable 
countywide or in a specified precinct.
	(b)  At an election to abolish the office countywide:                   
		(1)  any voter of the county may vote in the election; 
and           
		(2)  the commissioners court shall prepare ballots to 
permit voting for or against the proposition:  "Abolishing the 
office of constable in _______ (name of county) County."
	(c)  At an election to abolish the office in a specified 
precinct:    
		(1)  only voters of the specified precinct may vote in 
the election; and
		(2)  the commissioners court shall prepare ballots to 
permit voting for or against the proposition:  "Abolishing the 
office of constable in Precinct __(number of precinct),  _____ 
(name of county) County."
	(d)  If a majority of the votes cast approve a proposition 
under Subsection (b) or (c), on the 91st day after the date of the 
election the office of constable is abolished in the county or 
precinct and all powers, duties, and records of the office are 
transferred to the county sheriff.
	(e)  A county that abolishes the office of constable under 
Subsection (b) or (c) may reinstate that office at an election 
called by the commissioners court to reinstate the office.  If the 
office of constable has been abolished for five years or more, the 
commissioners court may call the election on its own initiative.  If 
the office of constable has been abolished for less than five years, 
the commissioners court shall call the election only if the court 
receives a petition that requests the office of constable be 
reinstated and that is signed by a number of qualified voters of:
		(1)  the county equal to at least 10 percent of the 
registered voters of the county as of the date of the most recent 
general election for county officers, for an election to reinstate 
the office countywide; or
		(2)  the specified precinct equal to at least 10 
percent of the registered voters of the precinct as of the date of 
the most recent general election for county officers, for an 
election to reinstate the office in a specified precinct.
	(f)  At an election to reinstate the office of constable  
countywide: 
		(1)  any voter of the county may vote in the election; 
and           
		(2)  the commissioners court shall prepare the ballots 
to permit voting for or against the proposition: "Reinstating the 
office of constable in _______(name of county) County."
	(g)  At an election to reinstate the office of constable in a 
specified precinct:
		(1)  only voters of the specified precinct may vote in 
the election; and
		(2)  the commissioners court shall prepare the ballots 
to permit voting for or against the proposition: "Reinstating the 
office of constable in Precinct ___ (number of precinct), 
_______(name of county) County."
	(h)  If a majority of the votes cast approve a proposition 
under Subsection (f) or (g), on the 91st day after the date of the 
election the office of constable is reinstated in the county or 
precinct.  On reinstatement of the office following a countywide 
election on the proposition, the office exists in each precinct 
established under Subsection (a), Section 18, of this article.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 8, 2005.  
The ballot shall be printed to permit voting for or against the 
proposition: "The constitutional amendment allowing a county to 
abolish and reinstate the office of constable in the county or in a 
precinct of the county."