There seems to be considerable confusion of the legal mechanics of the abolition of a local government office which could be either county or precinct.

I hope on this page to break it down where it will be more understandable.

What many people have a problem understanding is the process at best would take two years.

The first year is campaigning to get the chance to work for the abolition of the office.

Upon winning and being sworn in, the second year would require full time work fulfilling the duties of the office.

In this scenario I will assume a successfull campaign and abolition of an office that is presently active and has legitimate duties that will have to be dealt with.

At the end of the page I will discuss the likely consequences of failure at either of two points.

Another campaign Treasurer report.

Solicit support, you need the money.

JANUARY FEBRUARY MARCH APRIL
The candidate submits his paperwordk to his county chair.
he also submits his appointment of campaign treasurer to proper elections officer.
Do your campaign treasurer report. Do your campaign treasurer report.
Precinct convention.
County Convention.
Securing the nomination of the party you are now an official candidate.
MAY JUNE JULY AUGUST
Slow time but keep looking for supporters. State convention Semiannual campaign financial report,
Personal Financial Report for some,
hope all this paperwork is worth it.
look for more money.
campaign
SEPTEMBER OCTOBER NOVEMBER DECEMBER
campaign A lot of paper work for the state this month.
Campdaign like hell.
Election here at last Party, you earned it

You have won and now the voters expect you to make good on your promise to get rid of the office.

"But wait" you say, " an officer cannot abolish his office by himself, he must once again enlist the aid of the voters. But first he must get the commissioner's Court or the state legislature to vote to get the question of abolition of the office on the next ballot.....in November!! That's a long way off"

"What's this?" you say, "some county offices can be abolished by a county wide vote, but offices created in the state Constitution require a Constitutional amendment to abolish them?"

"But that will require taking the issue to the legislature to get it put on the amendments ballot, and the whole state will get to vote on abolishing this one little office in my home county, damn."

OK now let's follow our officer while he runs through the maze.

JANUARY FEBRUARY MARCH APRIL
Finally our candidate is sworn in and is officially an officer of the county/precinct.
We start work learning the duties of the office.
Now we petition and go before the commissioners court and/or our legislators to ask that the question of the abolition of our office be put on the next applicable ballot.
We continue to run the office taking care of the citizen's business with the county office
We watch our legislators to be sure this question goes on the ballot.
We still maintain this office until the voters decide the fate of our office.
Still coming in every morning and working all day.
MAY JUNE JULY AUGUST
In for a penny, in for a pound! Hi ho, hi ho, it's off to work we go!! I hope this is really worth all this trouble. Letters to the editor advocating the abolition of the office.
still on the job.
SEPTEMBER OCTOBER NOVEMBER DECEMBER
Getting closer.
More letters to the editor, public forums.
Hope this is over soon.
One more month and we will know.
still doing the duties of the office.
We find out at last.

Wow, the voters voted me out of a job at last.

Start the transition of the duties of this office to another officer.

Have to finish the transition by the New Year when the abolition of this office is official.

It is finally over.

The above scenario presupposes a successful campaign to abolish an office that had a incumbent seated in it when we started and that had some duties that must be performed to protect the interests of the county and it's citizens.

To refuse to carry out the duties of the office until the final vote on the abolition of the office would be a breach of the faith of those voters that put you in the office, so the officer must resign himself to the fact he is running for an office he must maintain for at the very least a year.

Now for the other possibility. What if at the abolition election the voters decide not to abolish the office you now occupy, what are your options?

Now to the point of this exercise.

In 1989 the Texas Legislature created paragraph"A" of Local Government Code 152.052 which states.

Local Government Code 152.052

152.052. Decision to Reduce Compensation or Not to be Paid.

(a) Within five days after the date an elected county or precinct officer takes office, the officer shall file an affidavit with the county payroll officer stating that the officer elects not to be paid for the officer's services if, during the person's campaign for election to the county or precinct office, the person publicly advocated the abolition of the office. The affidavit must include a statement by the officer describing the method by which the officer intends to seek to obtain the abolition of the office for which the officer was elected and the date by which it is proposed to be accomplished.

What this bill effectively says is, I would be required to work for at least a year without receiving any compensation simply because I stated during my campaign that I thought the office should be abolished. Or I would fail because I would have to resign to find employment in which I could make a living. This is unacceptable and criminal on the part of the legislature, in another missal I intend to look at the possible Constitutional issues this law brings up.

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