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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of deputy constables. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 86.011, Local Government Code, is amended |
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to read as follows: |
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(a) The appointment of a deputy constable must be in writing |
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[An elected constable who desires to appoint a deputy must apply in |
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writing to the commissioners court of the county and show that it is |
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necessary to appoint a deputy in order to properly handle the |
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business of the constable's office that originates in the |
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constable's precinct. The application must state the name of the |
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proposed deputy. The commissioners court shall approve and confirm |
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the appointment of the deputy only if the commissioners court |
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determines that the constable needs a deputy to handle the business |
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originating in the precinct]. |
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(b) Except as provided by Subsection (c), a person appointed |
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as a deputy, before beginning to perform the duties of office, must |
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take and subscribe the official oath, which, together with the |
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certificate of the officer administering the oath, must be endorsed |
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on the appointment. The appointment and oath shall be deposited and |
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recorded in the county clerk's office. A list of the appointments |
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shall be posted in a conspicuous place in that office. |
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(c) A person reappointed as a deputy may continue to perform |
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the duties of office before retaking the official oath. The deputy |
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must retake the oath as soon as possible after being reappointed. |
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(d) A deputy serves at the pleasure of the constable. The |
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constable may revoke the appointment of a deputy on the indictment |
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of the deputy for a felony. |
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(e) [(b)] Each deputy constable must qualify in the manner |
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provided for deputy sheriffs under Section 85.003. |
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(f) [(c)] The constable is responsible for the official |
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acts of each deputy of the constable. The constable may require a |
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deputy to post a bond or security. A constable may exercise any |
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remedy against a deputy or the deputy's surety that a person may |
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exercise against the constable or the constable's surety. |
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(g) [(d)] A person commits an offense if the person[: |
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[(1)] serves as a deputy constable and the person has |
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not been appointed as provided by Subsection (a)[; or |
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[(2) is a constable and issues a deputyship without |
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the consent and approval of the commissioners court]. |
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(h) [(e)] An offense under Subsection (g) [(d)] is |
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punishable by a fine of not less than $50 or more than $1,000. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |