By:  Madla                                                        S.B. No. 481


A BILL TO BE ENTITLED

AN ACT

relating to qualifications of a constable or sheriff.                         
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 85.0011, Local Government Code, is 
amended to read as follows:
	Sec. 85.0011.  QUALIFICATIONS.  A person is not eligible to 
serve as sheriff unless the person:
		(1)  has a high school diploma or a high school 
equivalency certificate; and
		(2)  holds a permanent peace officer license [is 
eligible to be licensed] under Chapter 1701, Occupations [Section 
415.058 and 415.059, Government] Code.
	SECTION 2.  Section 86.0021, Local Government Code, is 
amended to read as follows:
	Sec. 86.0021.  QUALIFICATIONS; REMOVAL.  (a)  A person is 
not eligible to serve as constable unless the person:
		(1)  has a high school diploma or a high school 
equivalency certificate; and
		(2)  holds a permanent peace officer license [is 
eligible to be licensed] under Chapter 1701, Occupations [Sections 
415.058 and 415.059, Government] Code.
	(b)  On or before the [270th] day [after the date] a 
constable takes office, the constable shall provide, to the 
commissioners court of the county in which the constable serves, 
evidence that the constable has been issued a permanent peace 
officer license under Chapter 1701, Occupations [415, Government] 
Code.  A constable who fails to provide evidence of licensure under 
this subsection or who fails to maintain a permanent license while 
serving in office forfeits the office and is subject to removal in a 
quo warranto proceeding under Chapter 66, Civil Practice and 
Remedies Code.
	[(c)  The license requirement of Subsection (b) supersedes 
the license requirement of Section 415.053, Government Code.]
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  This Act does not apply to an officer serving a term that 
began before the effective date of this Act.