BWH H.J.R. 83 75(R)BILL ANALYSIS


COUNTY AFFAIRS
H.J.R. 83
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, the Legislature may prescribe the qualifications for
constables. 

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.  Section 18, Article V, Texas Constitution, is amended by
adding Subsection (g) to read as follows: 
 (g) The Legislature by general law may prescribe the qualifications of
constables. 

SECTION 2.  Election to be held on November 4, 1997.  The ballot shall be
printed to allow the voters the choice to vote "for" or "against" the
constitutional amendment.