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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