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.