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 * * * * *