1-1 AN ACT
1-2 relating to qualifications to serve as a constable and to the
1-3 powers and duties of constables and deputy constables.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 86.021(a), Local Government Code, is
1-6 amended to read as follows:
1-7 (a) A constable shall execute and return as provided by law
1-8 each process, warrant, and precept that is directed to the
1-9 constable and is delivered by a lawful officer. Notices required
1-10 by Section 24.005, Property Code, relating to eviction actions are
1-11 process for purposes of this section that may be executed by a
1-12 constable.
1-13 SECTION 2. Section 154.005, Local Government Code, is
1-14 amended by adding Subsection (d) to read as follows:
1-15 (d) A constable may receive, in addition to Subsection (c),
1-16 all fees, commissions, or payments for delivering notices required
1-17 by Section 24.005, Property Code, relating to eviction actions.
1-18 Notices may only be delivered when not in conflict with the
1-19 official duties and responsibilities of the constable. A constable
1-20 delivering said notices must not be wearing upon his or her person
1-21 a uniform or any insignia which would usually be associated with
1-22 the position of constable nor may the constable use a county
1-23 vehicle or county equipment while delivering said notices. For
1-24 purposes of collecting fees for serving said notices, a constable
2-1 is considered a private process server.
2-2 SECTION 3. Subchapter A, Chapter 86, Local Government Code,
2-3 is amended by adding Section 86.0021 to read as follows:
2-4 Sec. 86.0021. QUALIFICATIONS. A person is not eligible to
2-5 serve as constable unless the person:
2-6 (1) has a high school diploma or a high school
2-7 equivalency certificate; and
2-8 (2) is eligible to be licensed under Sections 415.058
2-9 and 415.059, Government Code.
2-10 SECTION 4. Section 86.0021, Local Government Code, as added
2-11 by this Act, applies only to a person first elected or appointed to
2-12 the office of constable on or after January 1, 1998. A person
2-13 elected or appointed to the office of constable before January 1,
2-14 1998, is covered, for the remainder of the term the person serves
2-15 as constable or for any subsequent term the person serves as
2-16 constable, by the law relating to qualifications in effect when the
2-17 person was first appointed or elected, and the former law is
2-18 continued in effect for that purpose.
2-19 SECTION 5. This Act takes effect January 1, 1998, but only
2-20 if the constitutional amendment proposed by the 75th Legislature,
2-21 Regular Session, 1997, allowing the legislature to prescribe the
2-22 qualifications of constables, is approved by the voters. If that
2-23 amendment is not approved by the voters, this Act has no effect.
2-24 SECTION 6. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2071 was passed by the House on April
30, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2071 on May 21, 1997, by a non-record
vote; and that the House adopted H.C.R. No. 294 authorizing certain
corrections in H.B. No. 2071 on May 24, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2071 was passed by the Senate, with
amendments, on May 19, 1997, by a viva-voce vote; and that the
Senate adopted H.C.R. No. 294 authorizing certain corrections in
H.B. No. 2071 on May 26, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor