SRC-MAX H.B. 2071 75(R)BILL ANALYSIS


Senate Research CenterH.B. 2071
By: Gutierrez (Lucio)
Intergovernmental Relations
5-8-97
Committee Report (Amended)


DIGEST 

Currently, constables provide certain law-related services and have the
authority to investigate criminal activity, file offense reports,
investigate reports, interview suspects and witnesses for statements, and
build cases in cooperation with the prosecutor's office for the filing of
complaints with the courts or with the grand jury.  Deputies of the
constable must qualify as peace officers in the same way as all other
Texas peace officers under rules set by the Texas Commission on Law
Enforcement Officer Standards and Education.  This bill grants deputies of
a constable certain powers and provides that a person is not eligible to
be a constable under certain conditions.    

PURPOSE

As proposed, H.B. 2071 sets forth provisions regarding the qualifications
to serve as a constable and the powers and duties of constables and deputy
constables.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amend Section 86.021(a), Local Government Code, to provide that
notices required by Section 24.005, Property Code, relating to eviction
actions are process for purposes of this section that may be executed by a
constable. 

SECTION 2. Amends Section 154.005, Subchapter A, Local Government Code, to
authorize a constable to receive in addition to Section 154.005(c),
Government Code, all fees, commissions, or payments for delivering notices
required by Section 24.005, Property Code, relating to eviction actions.
Prohibits a constable delivering said notices from wearing certain items
of clothing associated with the position of constable, and from using a
county vehicle or county equipment while delivering said notices.
Provides that a constable is considered a private process server under
this section.    

SECTION 3.  Amends Chapter 86A, Local Government Code, by adding Section
86.0021, as follows: 

Sec.  86.0021.  QUALIFICATIONS.  Provides that a person is not eligible to
serve as constable unless the person has fulfilled certain qualifications.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date:  January 1, 1998, pending voter approval.

SECTION 6. Emergency clause.

  



 
SUMMARY OF COMMITTEE CHANGES

Amendment 1.

(A) Strike SECTION 1 and replace with new SECTION 1 which provides that
notices required by Section 24.005, Property Code, relating to eviction
actions are process for purposes of this section that may be executed by a
constable. 

(B)  Adds new SECTION 2 and renumbers subsequent sections accordingly.

SECTION 2.  Subchapter A, Section 154.005, Local Government Code, is
amended to read as follows: 

(d)  A constable may receive in addition to Section 154.005(c) of the
Texas Government Code, all fees, commission, or payments for delivering
notices required by Section 24.005, Property Code, relating to eviction
actions.  A constable delivering said notices must not be wearing upon his
or her person a uniform or any insignia which would usually be associated
with the position of constable not may the constable use a county vehicle
or county equipment while delivering said notices.  For purposes of
collecting fees for serving said notices, a constable is considered a
private process server.