Texas Constitutional Convention Updates
Texas
Constitutional Convention Updates
Section 1. This constitution authorizes 254 Texas counties, maintaining existing geographic borders. Each county shall include no less than four geographic precincts.
Section 2. The County Administrative Council shall consist of the following offices, to be elected by the qualified voters in each county: a sheriff, a treasurer, a county recorder, a commissioner for each precinct, and at least one justice and one clerk of court for each county or one justice and one clerk of court for each precinct.
a. The sheriff shall maintain and operate county penal facilities where called for by two-thirds vote of the people of the county, provide bailiffs for the courts in that county, enforce orders of the courts, and uphold the law as defined by this constitution.
b. The county treasurer shall maintain accurate and timely records of revenue collections and expenditures, and shall disburse funds to support constitutionally authorized county government functions.
c. The county recorder shall conduct an at-random lottery of citizens every six months to serve as county grand jurors, verify each grand juror's service based on the grand jury roll call records, provide accurate records of grand jury proceedings, maintain accurate records of all County Administrative Council proceedings, maintain accurate records of qualified voters casting ballots, conduct elections, maintain all records at county expense at such places as to safeguard said records, make records of every County Administrative Council proceeding publicly available after filing, in an easily searchable form, which shall be open for public inspection, and ensure that records are filed within thirty days of completion of each County Administrative Council proceeding.
d. The precinct commissioner shall represent the people of the precinct from which elected.
e. The precinct justice shall preside over and keep order in all proceedings of the county court in accordance with this constitution and shall issue or cause to be issued processes and communications necessary for proper operation of the court.
f. The county clerk of court shall conduct an at-random lottery of citizens to serve as county court jurors, record and maintain all files pertaining to each case as a court of record, maintain said files at court expense at such places as to safeguard said records, make records of every county court proceeding publicly available after filing, in an easily searchable form, which shall be open for public inspection, ensure that records are filed within thirty days of completion of each county court proceeding, place the seal of the court on all documents where a seal is necessary, and witness the authenticity of the documents.
Section 3. The County Administrative Council shall administer the following functions:
a. With the approval of two-thirds of all qualified voters casting ballots in an election, establish, operate, and maintain water and sewer systems to be paid for through user fees by those who voluntarily choose to use the services.
b. Organize and train voluntary county defense forces.
c. Establish rules of and maintain and publish all records of official proceedings.
d. Operate and maintain facilities for county government use.
e. Appoint one citizen to represent the county in the National Assembly, who shall have lived in that county for at least two years prior to the appointment, be at least thirty years of age at the time of the appointment, serve a term of four years, and be subject to recall on the vote of at least one-third of the County Administrative Council. The County Administrative Council shall provide county office space for the National Assembly appointee.
f. Conduct elections as authorized by this constitution.
g. Maintain existing publicly owned rights of way which do not exceed the boundaries of the county.
h. Maintain county court systems.
i. Determine the appropriate location of county courts and the number of justices and clerks necessary to secure due process of law for all individuals.
j. With the approval of two-thirds of all qualified voters casting ballots in an election, maintain and operate penal facilities.
k. Establish procedures for the collection of revenues as authorized by this constitution.
Section 4. Operating Procedures
a. The County Administrative Council may recommend financial compensation for grand jurors, county court jurors, and elected officers for a period of no more than two years. Compensation may only be implemented upon approval of two-thirds of all qualified voters casting ballots in an election. The election ballot must specify the name of the officer, the office which he or she holds, the recommended compensation for each officer, and the rate of compensation for jurors.
b. The County Administrative Council shall prepare an annual budget based on a twelve-month calendar year. The amount of expenditures for any budget year shall not exceed ninety percent of the revenue collected for the previous budget year. An auditor shall be appointed, through an annual competitive sealed bidding process, to prepare and present to the County Administrative Council a comprehensive financial audit of all county revenues and expenditures no less than once every twelve months.
c. The County Administrative Council may create additional precincts or alter the boundaries of precincts upon approval of two-thirds of all qualified voters.
d. Two-thirds of the officers of the County Administrative Council shall constitute a quorum to do business. All decisions of the council shall be by three-fourths vote of those present for approval.
e. The County Administrative Council shall meet at least monthly, on a date and time convenient and at a location easily accessible to all citizens. All meetings shall be open to the public at all times.
f. The County Administrative Council shall elect a chair and vice-chair from among their number once every twelve months. The chair shall arrange the posting of an agenda in widely accessible public places not less than 72 hours prior to every meeting.
g. The County Administrative Council shall determine and approve the appropriate number of deputies to assist elected officials.
h. The County Administrative Council may authorize the staffing of offices.
Copyright at Common Law, West El Paso Information Network, 1998
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