HBA-MPM, DMD H.B. 2009 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2009
By: Palmer
County Affairs
9/16/1999
Enrolled



BACKGROUND AND PURPOSE 

In November 1998, Texas voters approved a constitutional amendment allowing
the legislature to set qualifications for the office of constable.  A
constable is a policy maker as well as a law enforcement officer who
commands deputy constables, who themselves have been licensed as peace
officers.  Prior to the 76th Legislature, a constable was granted two years
to become a licensed peace officer. During that time a county may become
involved in a lawsuit due to the actions of such an unlicensed constable. 

H.B. 2009 establishes that a person is not eligible to serve as a constable
unless the person is licensed as a peace officer under Chapter 415,
(Commission on Law Enforcement Officer Standards and Education), Government
Code, on or before the 270th day after the constable takes office. 

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 86.0021, Local Government Code, as follows:

Sec. 86.0021. New Title: QUALIFICATIONS; REMOVAL. (a) Created from existing
text. 

(b) Requires the constable, on or before the 270th day after a constable
takes office, to provide to the commissioners court of the county in which
the constable serves, evidence that the constable has been issued a
permanent peace officer license under Chapter 415 (Commission on Law
Enforcement Officer Standards and Education), Government Code. Provides
that a constable who fails to provide such evidence or who fails to
maintain a permanent license while serving in office forfeits the office
and is subject to removal in a quo warranto proceeding under Chapter 66
(Quo Warranto), Civil Practice and Remedies Code,  

(c) Provides that the permanent license requirement of Subsection (b)
supersedes the license requirement of Section 415.053 (Licensing of Certain
Law Enforcement Officers Elected Under Texas Constitution or Statute),
Government Code. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Emergency clause.
  Effective date: upon passage.