By Ellis, Rangel                                       H.B. No. 385
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to qualifications of a constable or sheriff.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 85.0011, Local Government Code, is amended
 1-5     to read as follows:
 1-6           Sec. 85.0011.  QUALIFICATIONS.  A person is not eligible to
 1-7     serve as sheriff unless the person:
 1-8                 (1)  has a high school diploma or a high school
 1-9     equivalency certificate; and
1-10                 (2)  holds a permanent peace officer license [is
1-11     eligible to be licensed] under Chapter 1701, Occupations [Section
1-12     415.058 and 415.059, Government] Code.
1-13           SECTION 2. Section 86.0021, Local Government Code, is amended
1-14     to read as follows:
1-15           Sec. 86.0021.  QUALIFICATIONS; REMOVAL. (a)  A person is not
1-16     eligible to serve as constable unless the person:
1-17                 (1)  has a high school diploma or a high school
1-18     equivalency certificate; and
1-19                 (2)  holds a permanent peace officer license [is
1-20     eligible to be licensed] under Chapter 1701, Occupations [Sections
1-21     415.058 and  415.059, Government] Code.
1-22           (b)  On or before the [270th] day [after the date] a
1-23     constable takes office, the constable shall provide, to the
1-24     commissioners court of the county in which the constable serves,
 2-1     evidence that the constable has been issued a permanent peace
 2-2     officer license under Chapter 1701, Occupations [415, Government]
 2-3     Code.  A constable who fails to provide evidence of licensure under
 2-4     this subsection or who fails to maintain a permanent license while
 2-5     serving in office forfeits the office and is subject to removal in
 2-6     a quo warranto proceeding under Chapter 66, Civil Practice and
 2-7     Remedies Code.
 2-8           [(c)  The license requirement of Subsection (b) supersedes
 2-9     the license requirement of Section 415.053, Government Code.]
2-10           SECTION 3. (a)  This Act takes effect September 1, 2001.
2-11           (b)  The change in law made by this Act to Sections 85.0011
2-12     and 86.0021, Local Government Code, applies only to an officer
2-13     elected after January 1, 2002.