S.B. No. 339 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. An officer, including 1-13 a sheriff, elected under the Texas Constitution or a statute or 1-14 appointed to fill a vacancy in an elective office must be licensed 1-15 by the commission not later than two years after the date that the 1-16 officer takes office. The commission shall establish requirements 1-17 for licensing and for revocation, suspension, cancellation, or 1-18 denial of a license of such an officer. It is incompetency and a 1-19 ground for removal from office under Title 100, Revised Statutes, 1-20 or any other removal statute if an officer to whom this section 1-21 applies does not obtain the license by the required date or does 1-22 not remain licensed. 1-23 SECTION 3. Subchapter A, Chapter 85, Local Government Code, 1-24 is amended by adding Section 85.0011 to read as follows: 2-1 Sec. 85.0011. QUALIFICATIONS. A person is not eligible to 2-2 serve as sheriff unless the person: 2-3 (1) has a high school diploma or a high school 2-4 equivalency certificate; and 2-5 (2) is eligible to be licensed under Section 415.058 2-6 and 415.059, Government Code. 2-7 SECTION 4. The change in law made by Section 85.0011, Local 2-8 Government Code, as added by this Act, applies only to a person 2-9 first elected or appointed to the office of sheriff on or after the 2-10 effective date of this Act. A person elected or appointed to the 2-11 office of sheriff before the effective date of this Act is covered, 2-12 for the remainder of the term for which the person was elected or 2-13 appointed, or for any subsequent term for which the person serves 2-14 as sheriff, by the law relating to qualifications and continuing 2-15 education in effect when the person was first elected or appointed, 2-16 and the former law is continued in effect for that purpose. 2-17 Changes made to Subchapter A, Chapter 85, Local Government Code, by 2-18 Section 85.0011, as added by this Act, do not apply to a person 2-19 first elected or appointed before the effective date of this Act. 2-20 SECTION 5. This Act takes effect on the date on which the 2-21 constitutional amendment proposed by Section 1, S.J.R. No. 18, 73rd 2-22 Legislature, Regular Session, 1993, takes effect. If that 2-23 amendment does not take effect, this Act has no effect. 2-24 SECTION 6. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended, 3-2 and that this Act take effect and be in force according to its 3-3 terms, and it is so enacted.