By Gutierrez                                    H.B. No. 2071

      75R6531 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to qualifications required to hold the office of

 1-3     constable.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 86, Local Government Code,

 1-6     is amended by adding Section 86.0021 to read as follows:

 1-7           Sec. 86.0021.  QUALIFICATIONS.  A person is not eligible to

 1-8     serve as constable unless the person:

 1-9                 (1)  has a high school diploma or a high school

1-10     equivalency certificate; and

1-11                 (2)  is eligible to be licensed under Section 415.058

1-12     and 415.059, Government Code.

1-13           SECTION 2.  Section 86.0021, Local Government Code, as added

1-14     by this Act, applies only to a person elected or appointed to the

1-15     office of constable on or after January 1, 1998.

1-16           SECTION 3.  This Act takes effect January 1, 1998, but only

1-17     if the constitutional amendment proposed by the 75th Legislature,

1-18     Regular Session, 1997, allowing the legislature to prescribe the

1-19     qualifications of constables, is approved by the voters.  If that

1-20     amendment is not approved by the voters, this Act has no effect.

1-21           SECTION 4.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended.