By Rangel                                             H.B. No. 2219
         77R6315 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to eligibility to fill a vacancy in the office of
 1-3     constable or sheriff.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 85.0011 and 86.0021, Local Government
 1-6     Code, are amended to read as follows:
 1-7           Sec. 85.0011.  QUALIFICATIONS. A person is not eligible to
 1-8     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)  is eligible to be licensed under Sections 1701.309
1-12     and 1701.312, Occupations [Section 415.058 and 415.059, Government]
1-13     Code.
1-14           Sec. 86.0021.  QUALIFICATIONS; REMOVAL. (a)  A person is not
1-15     eligible to serve as constable unless the person:
1-16                 (1)  has a high school diploma or a high school
1-17     equivalency certificate; and
1-18                 (2)  is eligible to be licensed under Sections 1701.309
1-19     and 1701.312, Occupations [415.058 and 415.059, Government] Code.
1-20           (b)  On or before the 270th day after the date a constable
1-21     takes office, the constable shall provide, to the commissioners
1-22     court of the county in which the constable serves, evidence that
1-23     the constable has been issued a permanent peace officer license
1-24     under Chapter 1701, Occupations [415, Government] Code.  A
 2-1     constable who fails to provide evidence of licensure under this
 2-2     subsection or who fails to maintain a permanent license while
 2-3     serving in office forfeits the office and is subject to removal in
 2-4     a quo warranto proceeding under Chapter 66, Civil Practice and
 2-5     Remedies Code.
 2-6           (c)  The license requirement of Subsection (b) supersedes the
 2-7     license requirement of Section 1701.302, Occupations [415.053,
 2-8     Government] Code.
 2-9           SECTION 2.  Subchapter D, Chapter 87, Local Government Code,
2-10     is amended by adding Section 87.044 to read as follows:
2-11           Sec. 87.044.  FILLING VACANCY IN OFFICE OF SHERIFF OR
2-12     CONSTABLE:  FORMER OFFICEHOLDER.  A person who resigns or is
2-13     removed from the office of sheriff or constable for failure to meet
2-14     the following requirements applying to the office is not eligible
2-15     to be appointed to fill the vacancy resulting from  the person's
2-16     failure to meet those requirements:
2-17                 (1)  the requirements of Section 85.0011, in the case
2-18     of a sheriff; or
2-19                 (2)  the requirements of Section 86.0021, in the case
2-20     of a constable.
2-21           SECTION 3.  This Act takes effect immediately if it receives
2-22     a vote of two-thirds of all the members elected to each house, as
2-23     provided by Section 39, Article III, Texas Constitution.  If this
2-24     Act does not receive the vote necessary for immediate effect, this
2-25     Act takes effect September 1, 2001.