By:  Seliger, Duncan                                            S.J.R. No. 14 
	(In the Senate - Filed February 8, 2005; February 24, 2005, 
read first time and referred to Committee on Intergovernmental 
Relations; March 23, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 4, Nays 0; 
March 23, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.J.R. No. 14                                   By:  Wentworth


SENATE JOINT RESOLUTION


proposing a constitutional amendment allowing certain counties 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 with a 
population of less than 250,000 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) of this section, 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)of this section 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) of this section, 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 certain 
counties to abolish and reinstate the office of constable in the 
county or in a precinct of the county."



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