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By:  Madla                                                        S.B. No. 481
	(In the Senate - Filed February 13, 2003; February 19, 2003, 
read first time and referred to Committee on Intergovernmental 
Relations; April 3, 2003, reported favorably by the following 
vote:  Yeas 5, Nays 0; April 3, 2003, sent to printer.)


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 [Sections 1701.309 and 
1701.312], Occupations 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 [Sections 1701.309 and 
1701.312], Occupations 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 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 1701.302, Occupations 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.



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