BWH H.B. 2222 75(R)BILL ANALYSIS


COUNTY AFFAIRS
H.B. 2222
By: Rhodes
4-24-97
Committee Report (Unamended)



BACKGROUND 

Currently, Section 85.001(g) requires a person elected as sheriff to take
the official oath within twenty 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/her office until December
31st.  With more than twenty days passing between the election and taking
the oath of office, technically the office should be considered vacant. 

PURPOSE

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

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.    Repeals section 85.001(g) of the Local Government Code.

SECTION 2.   Emergency clause.