Texas Abolish Constable if Vacant, Proposition 1 (2002)

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Texas Constitution
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3 (1-43)3 (44-49)3 (50-67)
Texas Proposition 1 was on the November 5, 2002 election ballot in Texas as a legislatively-referred constitutional amendment, where it was approved.

Election results

Proposition 1
Approveda Yes 2,431,757 79.18%

Text of measure

The language that appeared on the ballot:

HJR 2 would amend the constitution to allow the commissioners court of a county to declare the office of constable dormant if that office has been vacant for at least seven consecutive years. The records of a constable office that is declared dormant will be transferred to the county clerk. If the office is declared dormant, the previous officeholder does not continue to hold the office. The office may not be filled by election or appointment unless the commissioners court votes to reinstate the office or a majority of votes cast in an election held on the issue favor reinstatement. The reinstatement election may be held if the commissioners court on its own motion orders such an election, or the reinstatement election must be held if the commissioners court receives a petition signed by 10% of the registered voters of the constable precinct.

Path to the ballot

See also: Laws governing direct democracy in Texas

As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. The joint resolution can originate in either the House or the Senate. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.

See also