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A BILL TO BE ENTITLED
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AN ACT
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relating to qualifications for a sheriff or constable or a |
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candidate for sheriff or constable. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 85.0011(b) and (c), Local Government |
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Code, are amended to read as follows: |
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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) either: |
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(A) holds an active permanent peace officer |
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license under Chapter 1701, Occupations Code; or |
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(B) is eligible to be licensed under Sections |
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1701.309 and 1701.312, Occupations Code, obtains a license |
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described by Paragraph (A) within the time provided by Section |
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1701.302(a), Occupations Code, and: |
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(i) has a minimum of five years of |
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experience as a federal special investigator; or |
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(ii) is a military veteran with a minimum of |
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10 years of combined active duty or national guard service |
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experience. |
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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: |
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(1) holds an active permanent peace officer license |
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under Chapter 1701, Occupations Code; [,] or |
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(2) is a person described by Subsection (b)(2)(B)(i) |
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or (ii) and intends to obtain [obtains] a license described by |
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Subdivision (1) within the time provided by Section 1701.302(a), |
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Occupations Code. |
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SECTION 2. Subchapter A, Chapter 86, Local Government Code, |
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is amended by adding Section 86.0025 to read as follows: |
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Sec. 86.0025. QUALIFICATIONS FOR CONSTABLE OR CANDIDATE FOR |
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CONSTABLE. (a) In this section, "active duty," "federal special |
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investigator," and "military veteran" have the meanings assigned by |
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Section 85.0011. |
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(b) A person is not eligible to serve as constable unless |
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the 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) either: |
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(A) holds an active permanent peace officer |
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license under Chapter 1701, Occupations Code; or |
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(B) is eligible to be licensed under Sections |
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1701.309 and 1701.312, Occupations Code, obtains a license |
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described by Paragraph (A) within the time provided by Section |
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1701.302(a), Occupations Code, and: |
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(i) has a minimum of five years of |
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experience as a federal special investigator; or |
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(ii) is a military veteran with a minimum of |
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10 years of combined active duty or national guard service |
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experience. |
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(c) A person is not eligible to be a candidate for the office |
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of constable unless the person: |
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(1) holds an active permanent peace officer license |
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under Chapter 1701, Occupations Code; or |
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(2) is a person described by Subsection (b)(2)(B)(i) |
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or (ii) and intends to obtain a license described by Subdivision (1) |
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within the time provided by Section 1701.302(a), Occupations Code. |
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SECTION 3. 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 Sections 85.0011(b)(2)(A) and |
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86.0025(b)(2)(A) [Section 85.0011], Local Government Code, an |
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officer, including a sheriff and constable, elected under the Texas |
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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 4. Section 86.0021, Local Government Code, is |
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repealed. |
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SECTION 5. The changes in law made by this Act do not apply |
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to a sheriff or constable serving a term that began before the |
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effective date of this Act. A sheriff or constable serving a term |
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that began before the effective date of this Act is governed for the |
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remainder of that term by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |