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.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.