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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications required to hold the office of |
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constable in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 86.0021, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A person is not eligible to serve as constable in a |
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county with a population of less than 200,000 unless: |
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(1) the person is eligible to be licensed under |
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Sections 1701.309 and 1701.312, Occupations Code, and: |
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(A) has at least an associate's degree conferred |
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by an institution of higher education accredited by an accrediting |
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organization recognized by the Texas Higher Education Coordinating |
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Board; |
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(B) is a special investigator under Article |
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2.122(a), Code of Criminal Procedure; or |
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(C) is an honorably retired peace officer or |
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honorably retired federal criminal investigator who holds a |
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certificate of proficiency issued under Section 1701.357, |
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Occupations Code; or |
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(2) the person is an active or inactive licensed peace |
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officer under Chapter 1701, Occupations Code. |
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(a-1) A person is not eligible to serve as constable in a |
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county with a population of 200,000 or more unless: |
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(1) the person is eligible to be licensed under |
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Sections 1701.309 and 1701.312, Occupations Code, and: |
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(A) is a special investigator under Article |
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2.122(a), Code of Criminal Procedure; or |
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(B) is an honorably retired peace officer or |
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honorably retired federal criminal investigator who holds a |
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certificate of proficiency issued under Section 1701.357, |
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Occupations Code; or |
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(2) the person is an active or inactive licensed peace |
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officer under Chapter 1701, Occupations Code. |
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SECTION 2. The change in law made by this Act applies only |
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to a constable elected or appointed to serve a term of office that |
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begins on or after the effective date of this Act. A constable |
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serving a term of office that began before the effective date of |
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this Act is governed for the remainder of that term by the |
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applicable law that existed immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |