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 2-43 ------------------------------------------------------------------- 2-44 Name: Carl Griffith x 2-45 Representing: Sheriff's Assn. of Texas 2-46 City: Beaumont 2-47 -------------------------------------------------------------------