BILL ANALYSIS

 

 

 

H.B. 1444

By: King, Phil

County Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

In Texas, candidates for sheriff who are not licensed peace officers have a certain amount of time to become licensed after election to office. However, there have been some reported instances in which a newly elected sheriff was unable to meet the requisite qualifications to become licensed as a peace officer. Given that one of the primary duties of a sheriff is to enforce criminal law, there have been calls to ensure that the person elected to the office of sheriff already has the necessary skills and qualifications to best carry out the responsibilities of the office. H.B. 1444 seeks to ensure that a candidate for sheriff has the proper experience and training in law enforcement before serving as sheriff by requiring such candidates to hold an active permanent peace officer license.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 1444 amends the Local Government Code to establish that a person is not eligible to serve as a sheriff, and is not eligible to be a candidate for the office of sheriff, unless the person holds an active permanent peace officer license. The bill does not apply to a sheriff serving a term that began before the bill's effective date.

 

H.B. 1444 amends the Occupations Code to make a conforming change.

 

H.B. 1444 repeals Section 85.0025, Local Government Code.

 

EFFECTIVE DATE

 

September 1, 2021.