HBA-LJP, SEP C.S.H.J.R. 2 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.J.R. 2 By: Chisum Constitutional Revision, Select 4/8/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, a commissioners court of a county is not required to fill a vacancy in the office of constable. However, according to Attorney General Opinion JC-0140, it may be possible for a county to be held liable for not filling the office. As proposed, C.S.H.J.R. 2 requires the submission to the voters of a constitutional amendment authorizing the commissioners court of a county to declare the office of constable in a precinct to be dormant and provides for the reinstatement of the office. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this resolution does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.J.R. 2 amends the Texas Constitution to authorize the commissioners court of a county to declare the office of constable in a precinct dormant if at least seven consecutive years have passed since the end of the term of the person who was last elected or appointed to the office. The bill prohibits a constable office declared dormant from being filled by election or appointment. The records of a constable office declared dormant are transferred to the county clerk. The bill authorizes the commissioners court to reinstate a dormant constable office by vote of the commissioners court or by calling an election in the precinct to reinstate the office. The bill requires the commissioners court to call an election to reinstate the office if the commissioners court receives a petition signed by at least 10 percent of the qualified voters of the precinct. FOR ELECTION This proposed constitutional amendment shall be submitted to the voters at an election to be held November 5, 2002. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.J.R. 2 modifies the original by reducing, from eight to seven, the number consecutive of years that must pass after the end of the term of the last person elected or appointed to the office of constable in a precinct for the office to be declared dormant.