By:  Parker                                            S.B. No. 339
       73R3060 JRD-D
                                 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.  Section 415.015(c), Government Code, is amended
    1-5  to read as follows:
    1-6        (c)  This chapter does not affect a constable or other
    1-7  officer or county jailer elected under the Texas Constitution
    1-8  before September 1, 1985, and does not affect a person who held the
    1-9  office 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.  (a)  An officer,
   1-14  other than a sheriff, elected under the Texas Constitution or a
   1-15  statute or appointed to fill a vacancy in an elective office must
   1-16  be licensed by the commission not later than two years after the
   1-17  date that the officer takes office.  The commission shall establish
   1-18  requirements for licensing and for revocation, suspension,
   1-19  cancellation, or denial of a license of such an officer.  It is
   1-20  incompetency and a ground for removal from office under Title 100,
   1-21  Revised Statutes, or any other removal statute if an officer to
   1-22  whom this section applies does not obtain the license by the
   1-23  required date or does not remain licensed.
   1-24        (b)  A person must be licensed by the commission before the
    2-1  person is elected or appointed to the office of sheriff.  The
    2-2  commission shall establish requirements for licensing and for
    2-3  revocation, suspension, cancellation, or denial of a license of a
    2-4  sheriff.  It is incompetency and a ground for removal from office
    2-5  under Title 100, Revised Statutes, or any other removal statute if
    2-6  a sheriff is not licensed.
    2-7        SECTION 3.  Subchapter A, Chapter 85, Local Government Code,
    2-8  is amended by adding Section 85.0011 to read as follows:
    2-9        Sec. 85.0011.  QUALIFICATIONS.  (a)  A person is not eligible
   2-10  to serve as sheriff unless the person:
   2-11              (1)  has a high school diploma or a high school
   2-12  equivalency certificate;
   2-13              (2)  is eligible to be licensed under Sections 415.058
   2-14  and 415.059, Government Code; and
   2-15              (3)  has at least five years' experience as a peace
   2-16  officer or a federal law enforcement officer.
   2-17        (b)  In this section, "peace officer" means a person listed
   2-18  as a peace officer under Article 2.12, Code of Criminal Procedure.
   2-19        SECTION 4.  Section 85.0025, Local Government Code, is
   2-20  repealed.
   2-21        SECTION 5.  The change in law made by Section 85.0011, Local
   2-22  Government Code, as added by this Act, applies only to a person
   2-23  elected, reelected, or appointed to the office of sheriff on or
   2-24  after the effective date of this Act.  A person elected or
   2-25  appointed to the office of sheriff before the effective date of
   2-26  this Act is covered, for the remainder of the term for which the
   2-27  person was elected or appointed, by the law relating to
    3-1  qualifications and continuing education in effect when the person
    3-2  was elected or appointed, and the former law is continued in effect
    3-3  for that  purpose.
    3-4        SECTION 6.  This Act takes effect January 1, 1994.
    3-5        SECTION 7.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.