77R8355 YDB-D
By Ellis, Rangel H.B. No. 385
Substitute the following for H.B. No. 385:
By Ramsay C.S.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) This Act does not apply to an officer serving a term
2-12 that began before the effective date of this Act.