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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2009 was passed by the House on May
14, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2009 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor