88R10351 KBB-D
 
  By: King S.B. No. 1124
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to qualifications of a sheriff or a candidate for 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 FOR SHERIFF OR CANDIDATE FOR
  SHERIFF.  (a)  In this section:
               (1)  "Active duty" means current full-time military
  service in the armed forces of the United States.
               (2)  "Armed forces of the United States" means the
  army, navy, air force, space force, coast guard, or marine corps of
  the United States or a reserve unit of one of those branches of the
  armed forces.
               (3)  "Federal special investigator" means a person
  described by Section 2.122, Code of Criminal Procedure.
               (4)  "Military veteran" means a person who has served
  on active duty and who was discharged or released from active duty.
               (5)  "Peace officer" means a peace officer described by
  Article 2.12, Code of Criminal Procedure.
         (b) 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 an active permanent peace officer
  license [is eligible to be licensed] under Chapter 1701 [Sections
  1701.309 and 1701.312], Occupations Code;
               (3)  has a minimum of:
                     (A)  5 years experience as a full-time, paid peace
  officer or federal special investigator; or
                     (B)  10 years combined active duty or national
  guard service experience, and is a military veteran; and
               (4)  holds an intermediate, advanced, or master
  proficiency certificate under Section 1701.402, Occupations Code.
         (c)  A person is not eligible to be a candidate for the office
  of sheriff unless the person meets the qualifications prescribed by
  Subsection (b).
         SECTION 2.  Section 1701.302(a), Occupations Code, is
  amended to read as follows:
         (a)  Except as provided by Section 85.0011, Local Government
  Code, an [An] officer[, including a sheriff,] elected under the
  Texas Constitution or a statute or appointed to fill a vacancy in an
  elective office must obtain a license from the commission not later
  than the second anniversary of the date the officer takes office.
         SECTION 3.  Section 85.0025, Local Government Code, is
  repealed.
         SECTION 4.  The changes in law made by this Act to Sections
  85.0011 and 85.0025, Local Government Code, do not apply to a
  sheriff serving a term that began before the effective date of this
  Act.  A sheriff serving a term that began before the effective date
  of this Act is governed for the remainder of that term by Sections
  85.0011 and 85.0025, Local Government Code, as those laws existed
  immediately before the effective date of this Act, and the prior law
  is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2023.