By Palmer, et al.                                     H.B. No. 2009
         76R10536 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the qualifications for service as constable.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 86.0021, Local Government Code, is
 1-5     amended to read as follows:
 1-6           Sec. 86.0021.  QUALIFICATIONS; REMOVAL.  (a)  A person is not
 1-7     eligible to serve as constable unless the person:
 1-8                 (1)  has a high school diploma or a high school
 1-9     equivalency certificate; and
1-10                 (2)  is eligible to be licensed under Sections 415.058
1-11     and 415.059, Government Code.
1-12           (b)  On or before the 270th day after the date a constable
1-13     takes office, the constable shall provide, to the commissioners
1-14     court of the county in which the constable serves, evidence that
1-15     the constable has been issued a permanent peace officer license
1-16     under Chapter 415, Government Code.  A constable who fails to
1-17     provide evidence of licensure under this subsection or who fails to
1-18     maintain a permanent license while serving in office forfeits the
1-19     office and is subject to removal in a quo warranto proceeding under
1-20     Chapter 66, Civil Practice and Remedies Code.
1-21           (c)  The license requirement of Subsection (b) supersedes the
1-22     license requirement of Section 415.053, Government Code.
1-23           SECTION 2.  The change in law made by this Act applies only
1-24     to a person elected or appointed to the office of constable on or
 2-1     after the effective date of this Act.  A person elected or
 2-2     appointed to the office of constable before the effective date of
 2-3     this Act is governed, for the remainder of the term the person
 2-4     serves as constable, by the law relating to qualifications in
 2-5     effect when the person was appointed or elected, and the former law
 2-6     is continued in effect for that purpose.
 2-7           SECTION 3.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended,
2-12     and that this Act take effect and be in force from and after its
2-13     passage, and it is so enacted.