HBA-DMD C.S.H.B. 2009 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2009 By: Palmer County Affairs 4/16/1999 Committee Report (Substituted) 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. 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. C.S.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, 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. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original bill in SECTION 1 (Section 86.0021, Local Government Code), by changing the title of the section from "Qualifications" in the original bill to "Qualifications; Removal" of the substitute. This substitute restores the requirement for service as a constable that a person be eligible under Sections 415.058 (Felony Conviction of Placement on Community Supervision) and 415.059 (Age Requirements), Government Code. This substitute also adds Subsection (b), which requires a constable to provide evidence to the commissioners court of the county in which the constable serves, that the constable has been issued a permanent peace officer license. In addition, this substitute provides for the removal and forfeiture of the constable from office for failing to maintain a permanent license and for failing to provide the commissioners court with the required evidence. The substitute also adds Subsection (c), providing that the licensing requirement of Subsection (b) supersedes the license requirement of Section 415.053 (Licensing of Certain Law Enforcement Officers Elected Under the Texas Constitution or Statute), Government Code.