1-1  By:  Parker                                            S.B. No. 339
    1-2        (In the Senate - Filed February 12, 1993; February 15, 1993,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; April 29, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 6, Nays 0;
    1-6  April 29, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker                                       x   
   1-12        Henderson                                      x   
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson                                      x   
   1-16        Rosson             x                               
   1-17        Shapiro                                        x   
   1-18        Wentworth                                      x   
   1-19        Whitmire           x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 339                 By:  Moncrief
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the qualifications of sheriffs.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Subsection (c), Section 415.015, Government Code,
   1-26  is amended to read as follows:
   1-27        (c)  This chapter does not affect a constable or other
   1-28  officer or county jailer elected under the Texas Constitution
   1-29  before September 1, 1985, and does not affect a person who held the
   1-30  office of sheriff before January 1, 1994.
   1-31        SECTION 2.  Section 415.053, Government Code, is amended to
   1-32  read as follows:
   1-33        Sec. 415.053.  LICENSING OF CERTAIN LAW ENFORCEMENT OFFICERS
   1-34  ELECTED UNDER TEXAS CONSTITUTION OR STATUTE.  (a)  An officer,
   1-35  other than a sheriff, elected under the Texas Constitution or a
   1-36  statute or appointed to fill a vacancy in an elective office must
   1-37  be licensed by the commission not later than two years after the
   1-38  date that the officer takes office.  The commission shall establish
   1-39  requirements for licensing and for revocation, suspension,
   1-40  cancellation, or denial of a license of such an officer.  It is
   1-41  incompetency and a ground for removal from office under Title 100,
   1-42  Revised Statutes, or any other removal statute if an officer to
   1-43  whom this section applies does not obtain the license by the
   1-44  required date or does not remain licensed.
   1-45        (b)  A person must be licensed by the commission before the
   1-46  person is elected or appointed to the office of sheriff.  The
   1-47  commission shall establish requirements for licensing and for
   1-48  revocation, suspension, cancellation, or denial of a license of a
   1-49  sheriff.  It is incompetency and a ground for removal from office
   1-50  under Title 100, Revised Statutes, or any other removal statute if
   1-51  a sheriff is not licensed as required by this subsection.
   1-52        SECTION 3.  Subchapter A, Chapter 85, Local Government Code,
   1-53  is amended by adding Section 85.0011 to read as follows:
   1-54        Sec. 85.0011.  QUALIFICATIONS.  (a)  A person is not eligible
   1-55  to serve as sheriff unless the person:
   1-56              (1)  has a high school diploma or a high school
   1-57  equivalency certificate;
   1-58              (2)  is eligible to be licensed under Sections 415.058
   1-59  and 415.059, Government Code; and
   1-60              (3)  has at least five years' experience as a peace
   1-61  officer or a federal law enforcement officer.
   1-62        (b)  In this section, "peace officer" means a person listed
   1-63  as a peace officer under Article 2.12, Code of Criminal Procedure.
   1-64        SECTION 4.  Section 85.0025, Local Government Code, is
   1-65  repealed.
   1-66        SECTION 5.  The change in law made by Section 85.0011, Local
   1-67  Government Code, as added by this Act, applies only to a person
   1-68  first elected or appointed to the office of sheriff on or after the
    2-1  effective date of this Act.  A person elected or appointed to the
    2-2  office of sheriff before the effective date of this Act is covered,
    2-3  for the remainder of the term for which the person was elected or
    2-4  appointed, or for any subsequent term for which the person serves
    2-5  as sheriff, by the law relating to qualifications and continuing
    2-6  education in effect when the person was first elected or appointed,
    2-7  and the former law is continued in effect for that purpose.
    2-8  Changes made to Subchapter A, Chapter 85, Local Government Code, by
    2-9  Section 85.0011, as added by this Act, do not apply to a person
   2-10  first elected or appointed before the effective date of this Act.
   2-11        SECTION 6.  This Act takes effect on the date on which the
   2-12  constitutional amendment proposed by Section 1, S.J.R. No. 18, 73rd
   2-13  Legislature, Regular Session, 1993, takes effect.  If that
   2-14  amendment does not take effect, this Act has no effect.
   2-15        SECTION 7.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended,
   2-20  and that this Act take effect and be in force according to its
   2-21  terms, and it is so enacted.
   2-22                               * * * * *
   2-23                                                         Austin,
   2-24  Texas
   2-25                                                         April 29, 1993
   2-26  Hon. Bob Bullock
   2-27  President of the Senate
   2-28  Sir:
   2-29  We, your Committee on Intergovernmental Relations to which was
   2-30  referred S.B. No. 339, have had the same under consideration, and I
   2-31  am instructed to report it back to the Senate with the
   2-32  recommendation that it do not pass, but that the Committee
   2-33  Substitute adopted in lieu thereof do pass and be printed.
   2-34                                                         Armbrister,
   2-35  Chairman
   2-36                               * * * * *
   2-37                               WITNESSES
   2-38                                                  FOR   AGAINST  ON
   2-39  ___________________________________________________________________
   2-40  Name:  Ross Schulle                                            x
   2-41  Representing:  Texas Comm. on Law Enforcement
   2-42  City:  Austin
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   2-44  Name:  Carl Griffith                             x
   2-45  Representing:  Sheriff's Assn. of Texas
   2-46  City:  Beaumont
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