87R645 NC-D
 
  By: Harless, et al. H.B. No. 1049
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement for a deputy sheriff, reserve deputy
  sheriff, deputy constable, or reserve deputy constable to take an
  official oath.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 85.003, Local Government Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Except as provided by Subsection (b-1), a [A] person
  appointed as a deputy, before beginning to perform the duties of
  office, must take and subscribe the official oath, which, together
  with the certificate of the officer administering the oath, must be
  endorsed on the appointment. The appointment and oath shall be
  deposited and recorded in the county clerk's office. A list of the
  appointments shall be posted in a conspicuous place in that office.
         (b-1)  A person reappointed as a deputy may continue to
  perform the duties of office before retaking the official oath. The
  deputy must retake the oath as soon as possible after being
  reappointed.
         SECTION 2.  Section 85.004, Local Government Code, is
  amended by amending Subsection (c) and adding Subsection (c-2) to
  read as follows:
         (c)  Except as provided by Subsection (c-1) or (c-2), a
  reserve deputy, before beginning to perform the duties of office
  and at the time of appointment, must file an oath and execute and
  file a bond in the amount of $2,000 payable to the sheriff.  The
  oath and bond shall be filed with the county clerk.
         (c-2)  A person reappointed as a reserve deputy may continue
  to perform the duties of office before retaking the official oath.
  The reserve deputy must retake the oath as soon as possible after
  being reappointed.
         SECTION 3.  Section 86.011(b), Local Government Code, is
  amended to read as follows:
         (b)  Each deputy constable must qualify in the manner
  provided for deputy sheriffs under Section 85.003.
         SECTION 4.  Section 86.012, Local Government Code, is
  amended by amending Subsection (c) and adding Subsection (c-2) to
  read as follows:
         (c)  Except as provided by Subsection (c-1), a reserve deputy
  constable must take the official oath and must execute a bond in the
  amount of $2,000, payable to the constable.  The oath and bond must
  be filed with the county clerk of the county in which the
  appointment is made.  Except as provided by Subsection (c-2), the
  [The] oath and bond must be given before the reserve deputy
  constable's entry on duty and simultaneously with the officer's
  appointment.
         (c-2)  A person reappointed as a reserve deputy constable may
  continue to perform the duties of office before retaking the
  official oath. The reserve deputy constable must retake the oath as
  soon as possible after being reappointed.
         SECTION 5.  This Act takes effect September 1, 2021.