SRC-HRD H.B. 2222 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2222
By: Rhodes (Armbrister)
Criminal Justice
5-13-97
Engrossed


DIGEST 

Currently, Section 85.001(g) of the Local Government Code requires a
person elected as sheriff to take the official oath within 20 days after
receiving the notice of election.  Failure to do so results in the office
being considered vacant.  This creates confusion when a new sheriff is
elected in November and the outgoing sheriff is not scheduled to resign
his or her office until December 31st. With more than 20 days passing
between the election and taking the oath of office, technically the office
should be considered vacant.    

This bill would repeal Section 85.001(g) of the Local Government Code,
removing the language that requires a sheriff to take the offical oath of
office within 20 days of receiving notice of election.  
                                                                           
PURPOSE

As proposed, H.B. 2222 repeals Section 85.001(g) of the Local Government
Code, removing the language that requires a sheriff to take the offical
oath of office within 20 days of receiving notice of election. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Repealer:  Section 85.001(g), Local Government Code (Failure to
Execute Bond and Take Official Oath; Oath and Bond). 

SECTION 2. Emergency clause.
  Effective date: upon passage.