BILL ANALYSIS
H.B. 1844
By: Mowery
4-12-95
Committee Report (Unamended)
BACKGROUND
Currently, there is an ambiguity in the Local Government Code as it
relates to Section 86.002(e). This section is a Directory Only and
not a mandated section of this subchapter. Because the Constable's
office is constitutional, this section (e) only causes confusion
and if ever literally followed, a county could find itself with two
duly sworn and bonded Constables in one precinct until the official
date of taking office on the first day of the year.
PURPOSE
To repeal Section 86.002(e), Local Government Code, to remove
ambiguity as it pertains to bond and oath requirements applicable
to constables.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1
Repeals Section 86.002(e), Local Government Code.
SECTION 2
Emergency Clause.
SUMMARY OF COMMITTEE ACTION
HB 1844 was considered by the County Affairs Committee in a public
hearing on 4/12/95. Representative Mowery opened and closed. HB
1844 was reported favorably with the recommendation that it do pass
and be printed and be sent to the Committee on Local and Consent
Calendars by the record vote of 9 ayes, 0 nays, 0 pnv, 0 absent.