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


Office of House Bill AnalysisH.B. 2009
By: Palmer
County Affairs
3/10/1999
Introduced



BACKGROUND AND PURPOSE 

Last November, 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. Under current rules, a constable is 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. 

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, to establish
that a person is not eligible to serve as constable unless the person is
licensed as a peace officer under Chapter 415 (Commission on Law
Enforcement Officer Standards and Education), rather than under Sections
415.058 (Felony Conviction of Placement on Community Supervision) and
415.059 (Age Requirement), Government Code.   

SECTION 2.Makes application of this Act prospective.

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