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