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.