HBA-MPA H.J.R. 47 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 47
By: Chisum
County Affairs
2/23/1999
Introduced



BACKGROUND AND PURPOSE 

The Lipscomb County Commissioners Court has requested that the issue of the
elimination of the Office of the Constable in that county be put before the
state's voters.   The salary for the Lipscomb County constable has been set
at $1 per year since 1980, and the county has not had the position filled
since 1947.  The duties of the constable have been handled since that time
through the sheriff's office.  As proposed, H.J.R. 47 requires the
submission to the voters of a constitutional amendment abolishing the
office of Constable in Lipscomb County. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS


SECTION 1. Amends Section 18, Article V, Texas Constitution, by amending
Subsection (a) and adding Subsection (h), as follows: 

(a)  Makes a conforming change.

(h) Abolishes the office of Constable in Lipscomb County, and transfers its
functions to the county sheriff.  Provides that this change will only take
place if, at the statewide election providing for the abolition of the
Lipscomb County constable's office, the majority of the voters in Lipscomb
County voting on the question at that election favor the amendment. 

SECTION 2.  Amends the Texas Constitution, by adding a temporary provision,
as follows: 

TEMPORARY PROVISION.  Provides that the constitutional amendment abolishing
the office of Constable in Lipscomb County takes effect January 1, 2000, if
the requirement is met that the majority of Lipscomb County voters approve
this amendment.  Provides that this provision expires January 2, 2000. 

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.