1-1     By:  Palmer, et al. (Senate Sponsor - Harris)         H.B. No. 2009
 1-2           (In the Senate - Received from the House May 14, 1999;
 1-3     May 14, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 14, 1999, reported favorably by
 1-5     the following vote:  Yeas 3, Nays 0; May 14, 1999, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the qualifications for service as constable.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 86.0021, Local Government Code, is
1-12     amended to read as follows:
1-13           Sec. 86.0021.  QUALIFICATIONS; REMOVAL.  (a)  A person is not
1-14     eligible to serve as constable unless the person:
1-15                 (1)  has a high school diploma or a high school
1-16     equivalency certificate; and
1-17                 (2)  is eligible to be licensed under Sections 415.058
1-18     and 415.059, Government Code.
1-19           (b)  On or before the 270th day after the date a constable
1-20     takes office, the constable shall provide, to the commissioners
1-21     court of the county in which the constable serves, evidence that
1-22     the constable has been issued a permanent peace officer license
1-23     under Chapter 415, Government Code.  A constable who fails to
1-24     provide evidence of licensure under this subsection or who fails to
1-25     maintain a permanent license while serving in office forfeits the
1-26     office and is subject to removal in a quo warranto proceeding under
1-27     Chapter 66, Civil Practice and Remedies Code.
1-28           (c)  The license requirement of Subsection (b) supersedes the
1-29     license requirement of Section 415.053, Government Code.
1-30           SECTION 2.  The change in law made by this Act applies only
1-31     to a person elected or appointed to the office of constable on or
1-32     after the effective date of this Act.  A person elected or
1-33     appointed to the office of constable before the effective date of
1-34     this Act is governed, for the remainder of the term the person
1-35     serves as constable, by the law relating to qualifications in
1-36     effect when the person was appointed or elected, and the former law
1-37     is continued in effect for that purpose.
1-38           SECTION 3.  The importance of this legislation and the
1-39     crowded condition of the calendars in both houses create an
1-40     emergency and an imperative public necessity that the
1-41     constitutional rule requiring bills to be read on three several
1-42     days in each house be suspended, and this rule is hereby suspended,
1-43     and that this Act take effect and be in force from and after its
1-44     passage, and it is so enacted.
1-45                                  * * * * *