BWH H.B. 2071 75(R)BILL ANALYSIS COUNTY AFFAIRS H.B. 2071 By: Gutierrez 3-26-97 Committee Report (Unamended) BACKGROUND The State of Texas authorizes and recognizes the Constable as a Texas Peace Officer. The Constable has jurisdiction not only in the precinct where he serves, but also throughout his home county in practically all matters of civil and criminal enforcement. The Constable has the authority to arrest without a warrant, anywhere in the state, for all offenses committed within his jurisdiction (except traffic offenses outside his home county). As with any other Texas Peace Officer, the Constable has the authority to arrest with a warrant throughout the state. As an officer of the Court, the Constable has the authority to serve civil process and other notices anywhere. County lines do not bind constables concerning this matter. The Constable also has the authority to investigate criminal activity, file offense reports, investigate reports, interview suspects and witnesses for statements, and build cases in cooperation with his prosecutor's office for the filing of complaints with the Courts or with the Grand Jury. The State authorizes the Constable with civil and criminal enforcement powers the same as the Sheriff, yet the qualifications are different. Deputies of the Constable must qualify as peace officers the same as all other Texas Peace Officers under rules set by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). However, Constables are required to receive this training within two years after entering office. PURPOSE If enacted, a person who is eligible to serve as Constable must have a high school diploma, or a high school equivalency certificate, and must be eligible for licensing as a Texas Peace Officer. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Subchapter A, Chapter 86, Local Government Code, is amended as follows: Sec. 86.0021. QUALIFICATIONS. A person is not eligible to serve as as constable unless: (1) the person has a high school diploma or a high school equivalency certificate: and (2) is eligible to be licensed as a Texas Peace Officer. SECTION 2. Sec. 86.0021, Local Government Code, applies only to a person elected or appointed Constable on or after January 1, 1998. SECTION 3. Effective date is January 1, 1998, only if House Joint Resolution 83 is approved by the voters, if not, this Act has no effect. SECTION 4. Emergency clause