By Cuellar                                            H.B. No. 1913
         76R4237 SMJ-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the appointment of deputy constables.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 86.011, Local Government Code, is amended
 1-5     to read as follows:
 1-6           Sec. 86.011.  APPOINTMENT OF DEPUTY CONSTABLE.  (a)  A
 1-7     constable may appoint a deputy constable if the constable
 1-8     determines that a deputy constable is necessary to properly carry
 1-9     out the business of the constable's office.  The constable must
1-10     make the appointment in writing [An elected constable who desires
1-11     to appoint a deputy must apply in writing to the commissioners
1-12     court of the county and show that it is necessary to appoint a
1-13     deputy in order to properly handle the business of the constable's
1-14     office that originates in the constable's precinct.  The
1-15     application must state the name of the proposed deputy.  The
1-16     commissioners court shall approve and confirm the appointment of
1-17     the deputy only if the commissioners court determines that the
1-18     constable needs a deputy to handle the business originating in the
1-19     precinct].
1-20           (b)  Before performing a duty as a deputy constable, a person
1-21     appointed as a deputy constable must take and sign the official
1-22     oath.  The official oath and the certificate of the officer
1-23     administering the oath must be endorsed on the deputy's
1-24     appointment.  The constable shall:
 2-1                 (1)  deposit and record the appointment and oath in the
 2-2     county clerk's office; and
 2-3                 (2)  post a notice of the appointment in a conspicuous
 2-4     place in the county clerk's office [Each deputy constable must
 2-5     qualify in the manner provided for deputy sheriffs].
 2-6           (c)  The constable is responsible for the official acts of
 2-7     each deputy of the constable.  The constable may require a deputy
 2-8     to post a bond or security.  The constable may exercise any remedy
 2-9     against a deputy or the deputy's surety that a person may exercise
2-10     against the constable or the constable's surety.
2-11           (d)  A deputy constable may perform any action or duty of the
2-12     constable appointing the deputy [A person commits an offense if the
2-13     person:]
2-14                 [(1)  serves as a deputy constable and the person has
2-15     not been appointed as provided by Subsection (a); or]
2-16                 [(2)  is a constable and issues a deputyship without
2-17     the consent and approval of the commissioners court].
2-18           (e)  A deputy constable serves at the pleasure of the
2-19     constable.  The appointment of a deputy constable is automatically
2-20     revoked on indictment of the deputy constable for a felony [An
2-21     offense under Subsection (d) is punishable by a fine of not less
2-22     than $50 or more than $1,000].
2-23           SECTION 2.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended,
 3-1     and that this Act take effect and be in force from and after its
 3-2     passage, and it is so enacted.