HBA-MPA H.J.R. 82 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 82
By: Smithee
County Affairs
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Constitution provides that counties with a population of 30,000
or more be divided into not less than four or more than eight precincts.
Each precinct is allowed on justice of the peace and one constable under
the jurisdiction of the commissioners court.  In many counties, the duties
of the constable are already administered by the county sheriff, in which
case the office of the constable is inactive even though individuals file
for and are elected to the office.  H.J.R. 82 abolishes the office of the
constable in Randall County and officially transfer its duties to the
county sheriff, provided a majority vote by the citizens of Randall County.
As proposed H.J.R. 82 requires the submission to the voters of a
constitutional amendment providing for the abolition of the office of
constable in Randall 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 Randall 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
Randall County constable's office, the majority of the voters in Randall
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 the constable in Randall County takes effect January 1, 2000,
if the requirement is met that the majority of  Randall 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.