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.