HBA-DMD H.B. 1913 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1913
By: Cuellar
County Affairs
4/17/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a constable must make application in writing, with the
name of the candidate for deputy constable, to the commissioners court in
order to obtain permission to appoint a regular, fulltime deputy to
service. This may prove to be a cumbersome process because the constable
has to advertise the position, review applications, interview candidates,
perform background investigations, and then select a candidate, before
approaching the commissioners court for approval to appoint a full-time
deputy constable.   

H.B. 1913 authorizes a constable to appoint a deputy constable if the
constable determines that a deputy constable is necessary to properly carry
out the business of the constable's office. This bill deletes text
providing that a constable who desires to appoint a deputy must apply in
writing to the commissioners court of the county and show that it is
necessary to appoint a deputy in order to properly handle the business of
the constable's office that originates in the constable's precinct and
deletes the requirement for the commissioners court to approve and confirm
the appointment of the deputy only if the commissioners court determines
that the constable needs a deputy to handle the business originating in the
precinct.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 86.011, Local Government Code, as follows:

Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) Authorizes a constable to
appoint a deputy constable if the constable determines that a deputy
constable is necessary to properly carry out the business of the
constable's office. Provides that the constable must make the appointment
in writing. Deletes text providing that an elected constable who desires to
appoint a deputy must apply in writing to the commissioners court of the
county and show that it is necessary to appoint a deputy in order to
properly handle the business of the constable's office that originates in
the constable's precinct. Deletes text providing that the application must
state the name of the proposed deputy. Deletes the requirement for the
commissioners court to approve and confirm the appointment of the deputy
only if the commissioners court determines that the constable needs a
deputy to handle the business originating in the precinct.  

(b) Provides that before performing a duty as a deputy constable, a person
appointed as a deputy constable must take and sign the official oath.
Provides that the official oath and the certificate of the officer
administering the oath must be endorsed on the deputy's appointment.
Requires the constable to deposit and record the appointment and oath in
the county clerk's office and post a notice of the appointment in a
conspicuous place in the county clerk's office. Deletes text providing that
each deputy constable must qualify in the manner provided for deputy
sheriffs.  

(c) Makes no change.
 
(d) Authorizes a deputy constable to perform any action or duty of the
constable appointing the deputy. Deletes text establishing an offense if
the constable or deputy constable does not comply with the existing
requirements for appointing a deputy constable.  

(e) Provides that a deputy constable serves at the pleasure of the
constable and the appointment of a deputy constable is automatically
revoked on indictment of the deputy constable for a felony. Deletes text
establishing that an offense under Subsection (d) is punishable by a fine
of not less than $50 or more than $1,000.  

SECTION 2.Emergency clause.
  Effective date: upon passage.