HBA-DMD H.B. 1913 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1913 By: Cuellar County Affairs 4/17/1999 Introduced BACKGROUND AND PURPOSE Under current law, a constable must make application in writing, with the name of the candidate for deputy constable, to the commissioners court in order to obtain permission to appoint a regular, fulltime deputy to service. This may prove to be a cumbersome process because the constable has to advertise the position, review applications, interview candidates, perform background investigations, and then select a candidate, before approaching the commissioners court for approval to appoint a full-time deputy constable. H.B. 1913 authorizes a constable to appoint a deputy constable if the constable determines that a deputy constable is necessary to properly carry out the business of the constable's office. This bill deletes text providing that a constable who desires to appoint a deputy must apply in writing to the commissioners court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct and deletes the requirement for the commissioners court to approve and confirm the appointment of the deputy only if the commissioners court determines that the constable needs a deputy to handle the business originating in the precinct. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 86.011, Local Government Code, as follows: Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) Authorizes a constable to appoint a deputy constable if the constable determines that a deputy constable is necessary to properly carry out the business of the constable's office. Provides that the constable must make the appointment in writing. Deletes text providing that an elected constable who desires to appoint a deputy must apply in writing to the commissioners court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct. Deletes text providing that the application must state the name of the proposed deputy. Deletes the requirement for the commissioners court to approve and confirm the appointment of the deputy only if the commissioners court determines that the constable needs a deputy to handle the business originating in the precinct. (b) Provides that before performing a duty as a deputy constable, a person appointed as a deputy constable must take and sign the official oath. Provides that the official oath and the certificate of the officer administering the oath must be endorsed on the deputy's appointment. Requires the constable to deposit and record the appointment and oath in the county clerk's office and post a notice of the appointment in a conspicuous place in the county clerk's office. Deletes text providing that each deputy constable must qualify in the manner provided for deputy sheriffs. (c) Makes no change. (d) Authorizes a deputy constable to perform any action or duty of the constable appointing the deputy. Deletes text establishing an offense if the constable or deputy constable does not comply with the existing requirements for appointing a deputy constable. (e) Provides that a deputy constable serves at the pleasure of the constable and the appointment of a deputy constable is automatically revoked on indictment of the deputy constable for a felony. Deletes text establishing that an offense under Subsection (d) is punishable by a fine of not less than $50 or more than $1,000. SECTION 2.Emergency clause. Effective date: upon passage.