By: Parker S.B. No. 339
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the qualifications of sheriffs.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (c), Section 415.015, Government Code,
1-4 is amended to read as follows:
1-5 (c) This chapter does not affect a constable or other
1-6 officer or county jailer elected under the Texas Constitution
1-7 before September 1, 1985, and does not affect a person who held the
1-8 office of sheriff before January 1, 1994.
1-9 SECTION 2. Section 415.053, Government Code, is amended to
1-10 read as follows:
1-11 Sec. 415.053. LICENSING OF CERTAIN LAW ENFORCEMENT OFFICERS
1-12 ELECTED UNDER TEXAS CONSTITUTION OR STATUTE. (a) An officer,
1-13 other than a sheriff, elected under the Texas Constitution or a
1-14 statute or appointed to fill a vacancy in an elective office must
1-15 be licensed by the commission not later than two years after the
1-16 date that the officer takes office. The commission shall establish
1-17 requirements for licensing and for revocation, suspension,
1-18 cancellation, or denial of a license of such an officer. It is
1-19 incompetency and a ground for removal from office under Title 100,
1-20 Revised Statutes, or any other removal statute if an officer to
1-21 whom this section applies does not obtain the license by the
1-22 required date or does not remain licensed.
1-23 (b) A person must be licensed by the commission before the
1-24 person is elected or appointed to the office of sheriff. The
2-1 commission shall establish requirements for licensing and for
2-2 revocation, suspension, cancellation, or denial of a license of a
2-3 sheriff. It is incompetency and a ground for removal from office
2-4 under Title 100, Revised Statutes, or any other removal statute if
2-5 a sheriff is not licensed as required by this subsection.
2-6 SECTION 3. Subchapter A, Chapter 85, Local Government Code,
2-7 is amended by adding Section 85.0011 to read as follows:
2-8 Sec. 85.0011. QUALIFICATIONS. (a) A person is not eligible
2-9 to serve as sheriff unless the person:
2-10 (1) has a high school diploma or a high school
2-11 equivalency certificate;
2-12 (2) is eligible to be licensed under Sections 415.058
2-13 and 415.059, Government Code; and
2-14 (3) has at least five years' experience as a peace
2-15 officer or a federal law enforcement officer.
2-16 (b) In this section, "peace officer" means a person listed
2-17 as a peace officer under Article 2.12, Code of Criminal Procedure.
2-18 SECTION 4. Section 85.0025, Local Government Code, is
2-19 repealed.
2-20 SECTION 5. The change in law made by Section 85.0011, Local
2-21 Government Code, as added by this Act, applies only to a person
2-22 first elected or appointed to the office of sheriff on or after the
2-23 effective date of this Act. A person elected or appointed to the
2-24 office of sheriff before the effective date of this Act is covered,
2-25 for the remainder of the term for which the person was elected or
2-26 appointed, or for any subsequent term for which the person serves
2-27 as sheriff, by the law relating to qualifications and continuing
3-1 education in effect when the person was first elected or appointed,
3-2 and the former law is continued in effect for that purpose.
3-3 Changes made to Subchapter A, Chapter 85, Local Government Code, by
3-4 Section 85.0011, as added by this Act, do not apply to a person
3-5 first elected or appointed before the effective date of this Act.
3-6 SECTION 6. This Act takes effect on the date on which the
3-7 constitutional amendment proposed by Section 1, S.J.R. No. 18, 73rd
3-8 Legislature, Regular Session, 1993, takes effect. If that
3-9 amendment does not take effect, this Act has no effect.
3-10 SECTION 7. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force according to its
3-16 terms, and it is so enacted.