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A BILL TO BE ENTITLED
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AN ACT
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relating to qualifications of a sheriff or a candidate for sheriff. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 85.0011, Local Government Code, is |
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amended to read as follows: |
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Sec. 85.0011. QUALIFICATIONS FOR SHERIFF OR CANDIDATE FOR |
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SHERIFF. (a) In this section: |
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(1) "Active duty" means current full-time military |
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service in the armed forces of the United States. |
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(2) "Armed forces of the United States" means the |
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army, navy, air force, space force, coast guard, or marine corps of |
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the United States or a reserve unit of one of those branches of the |
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armed forces. |
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(3) "Federal special investigator" means a person |
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described by Section 2.122, Code of Criminal Procedure. |
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(4) "Military veteran" means a person who has served |
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on active duty and who was discharged or released from active duty. |
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(5) "Peace officer" means a peace officer described by |
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Article 2.12, Code of Criminal Procedure. |
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(b) A person is not eligible to serve as sheriff unless the |
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person: |
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(1) has a high school diploma or a high school |
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equivalency certificate; [and] |
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(2) holds an active permanent peace officer |
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license [is eligible to be licensed] under Chapter 1701 [Sections |
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1701.309 and 1701.312], Occupations Code; |
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(3) has a minimum of: |
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(A) 5 years experience as a full-time, paid peace |
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officer or federal special investigator; or |
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(B) 10 years combined active duty or national |
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guard service experience, and is a military veteran; and |
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(4) holds an intermediate, advanced, or master |
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proficiency certificate under Section 1701.402, Occupations Code. |
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(c) A person is not eligible to be a candidate for the office |
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of sheriff unless the person meets the qualifications prescribed by |
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Subsection (b). |
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SECTION 2. Section 1701.302(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 85.0011, Local Government |
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Code, an [An] officer[, including a sheriff,] elected under the |
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Texas Constitution or a statute or appointed to fill a vacancy in an |
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elective office must obtain a license from the commission not later |
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than the second anniversary of the date the officer takes office. |
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SECTION 3. Section 85.0025, Local Government Code, is |
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repealed. |
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SECTION 4. The changes in law made by this Act to Sections |
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85.0011 and 85.0025, Local Government Code, do not apply to a |
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sheriff serving a term that began before the effective date of this |
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Act. A sheriff serving a term that began before the effective date |
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of this Act is governed for the remainder of that term by Sections |
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85.0011 and 85.0025, Local Government Code, as those laws existed |
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immediately before the effective date of this Act, and the prior law |
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is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |