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