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