By Ellis H.B. No. 385
77R2295 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to qualifications of a constable, candidate for constable,
1-3 sheriff, or candidate for sheriff.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 85.0011, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 85.0011. QUALIFICATIONS. (a) A person is not eligible
1-8 to serve as sheriff unless the person:
1-9 (1) has a high school diploma or a high school
1-10 equivalency certificate; and
1-11 (2) holds a permanent peace officer license [is
1-12 eligible to be licensed] under Chapter 1701, Occupations [Section
1-13 415.058 and 415.059, Government] Code.
1-14 (b) A person is not eligible to be a candidate for the
1-15 office of sheriff unless the person holds a permanent peace officer
1-16 license under Chapter 1701, Occupations Code.
1-17 SECTION 2. Section 86.0021, Local Government Code, is amended
1-18 to read as follows:
1-19 Sec. 86.0021. QUALIFICATIONS; REMOVAL. (a) A person is not
1-20 eligible to serve as constable unless the person:
1-21 (1) has a high school diploma or a high school
1-22 equivalency certificate; and
1-23 (2) holds a permanent peace officer license [is
1-24 eligible to be licensed] under Chapter 1701, Occupations [Sections
2-1 415.058 and 415.059, Government] Code.
2-2 (b) On or before the [270th] day [after the date] a
2-3 constable takes office, the constable shall provide, to the
2-4 commissioners court of the county in which the constable serves,
2-5 evidence that the constable has been issued a permanent peace
2-6 officer license under Chapter 1701, Occupations [415, Government]
2-7 Code. A constable who fails to provide evidence of licensure under
2-8 this subsection or who fails to maintain a permanent license while
2-9 serving in office forfeits the office and is subject to removal in
2-10 a quo warranto proceeding under Chapter 66, Civil Practice and
2-11 Remedies Code.
2-12 (c) A person is not eligible to be a candidate for the
2-13 office of constable unless the person holds a permanent peace
2-14 officer license under Chapter 1701, Occupations Code [The license
2-15 requirement of Subsection (b) supersedes the license requirement of
2-16 Section 415.053, Government Code].
2-17 SECTION 3. (a) This Act takes effect September 1, 2001, and
2-18 applies only to an election for which the filing of applications
2-19 for a place on the ballot for the election begins on or after the
2-20 effective date.
2-21 (b) This Act does not apply to an officer serving a term
2-22 that began before the effective date of this Act.