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.