By Ellis                                              H.B. No. 1256
         77R3083 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to employment as a peace officer while serving as a
 1-3     justice of the peace.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 27, Government Code, is
 1-6     amended by adding Section 27.007 to read as follows:
 1-7           Sec. 27.007.  EMPLOYMENT AS PEACE OFFICER PROHIBITED.  (a)  A
 1-8     person may not simultaneously be employed as a peace officer listed
 1-9     in Article 2.12, Code of Criminal Procedure, or other law and hold
1-10     the office of justice of the peace.
1-11           (b)  A person who is employed as a peace officer and elected
1-12     or appointed as a justice shall resign from employment as a peace
1-13     officer before the 30th day following the date the person takes
1-14     office as a justice.  If the person does not comply with the
1-15     resignation requirement, the person's employment as a peace officer
1-16     is automatically terminated on that 30th day.
1-17           (c)  This section does not affect the authority of a justice
1-18     who, when acting in the capacity of a justice, may be considered to
1-19     be a peace officer.
1-20           SECTION 2.  (a)  This Act takes effect September 1, 2001.
1-21           (b)  A person who is employed as a peace officer listed in
1-22     Article 2.12, Code of Criminal Procedure, or other law while
1-23     holding the office of justice of the peace on the effective date of
1-24     this Act shall resign either from employment as a peace officer or
 2-1     from the office of justice before the 30th day after the effective
 2-2     date of this Act.  If the person does not comply with the
 2-3     resignation requirement, the person's employment as a peace officer
 2-4     is automatically terminated on that 30th day.