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79R4522 YDB-F

By:  Williams                                                     S.B. No. 497



A BILL TO BE ENTITLED

AN ACT

relating to the qualifications and removal of a constable.                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 86.0021(a) and (b), Local Government 
Code, are amended to read as follows:
	(a)  A person is not eligible to serve as constable unless 
the person:       
		(1)  has a bachelor's degree conferred by an 
institution of higher education accredited by an accrediting 
organization recognized by the Texas Higher Education Coordinating 
Board [high school diploma or a high school equivalency 
certificate]; or [and]
		(2)  holds an active 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 who 
is eligible to serve as a constable under Subsection (a)(1) takes 
office or on the day a constable who is eligible to serve as a 
constable under Subsection (a)(2) takes office, the constable shall 
provide, to the commissioners court of the county in which the 
constable serves or is to serve, evidence that the constable holds 
an active [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.  The judge of the 
district court who removes a constable under this subsection may 
appoint an eligible successor to serve the remainder of the 
constable's term.
	SECTION 2.  The changes in law made by this Act to Section 
86.0021, Local Government Code, do not apply to a constable serving 
a term that began before the effective date of this Act.  A 
constable serving a term that began before the effective date of 
this Act is governed for the remainder of that term by the 
applicable law that existed immediately before the effective date 
of this Act, and the prior law is continued in effect for that 
purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.