HBA-DMD H.J.R. 51 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 51
By: Madden
County Affairs
4/18/1999
Introduced



BACKGROUND AND PURPOSE 

As proposed, H.J.R. 51 requires the submission to the voters of a
constitutional amendment removing the county surveyor as a position whose
duties are set forth by the legislature, that is required to be compensated
on a fee basis, and who are elected at the general election. 

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 44(a), Article XVI, Texas Constitution, to
delete a county surveyor as a position for which the legislature is
required to prescribe the duties and for whom the Legislature is required
to provide for an election. Makes nonsubstantive changes. 

SECTION 2.  Amends Section 61, Article XVI, Texas Constitution, to delete a
county surveyor as a position that is required to be compensated on a fee
basis. 

SECTION 3.  Amends Section 65, Article XVI, Texas Constitution, to delete
county surveyors as officers who are elected at the general election and
who are required to serve the full terms provided in this constitution.
Makes conforming changes. 

SECTION 4.  Repealer: Sections 44(e), (f), and (h), Article XVI (General
Provisions), Texas Constitution. Sections 44(e), (f), and (h), relate to
the abolishment of county surveyors in certain counties. 

SECTION 5.  The following temporary provision is added to the Texas
Constitution: 

TEMPORARY PROVISION. (a) Provides that this temporary provision applies to
the constitutional amendment proposed by the 76th Legislature, Regular
Session, 1999, abolishing the office of county surveyor in each county in
the state, and expires January 1, 2003.  

(b) Provides that the amendments to Sections 44(a), 61, and 65, Article
XVI, of this constitution and the repeal of Sections 44(e), (f), and (h),
Article XVI, of this constitution take effect January 1, 2000, and apply
only to a term of office, an unexpired term of office, or a vacancy in the
office of county surveyor that begins on or after January 1, 2000.  

(c) Provides that a term of office, an unexpired term of office, or a
vacancy in the office of county surveyor that began before January 1, 2000,
is governed by the constitutional provisions in effect when the term,
unexpired term, or  vacancy in the office began, and those constitutional
provisions are continued in effect for that purpose.  

SECTION 6.  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.