HBA-CBW H.B. 1256 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1256
By: Ellis, Dan
Judicial Affairs
3/9/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person may serve as a peace officer and justice of the
peace simultaneously, which may result in a conflict of interest for the
person. House Bill 1256 prohibits a person from  serving as a peace officer
and a justice of the peace simultaneously. 

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. 

ANALYSIS

House Bill 1256 amends the Government Code to prohibit a person from
simultaneously being employed as a peace officer and holding the office of
justice of the peace (justice).  The bill requires a peace officer who is
elected or appointed as a justice to resign from employment as a  peace
officer before the 30th day following the date the person takes office as a
justice.  The bill establishes that if the person does not comply with the
resignation requirement, the person's employment as a peace officer is
automatically terminated on that 30th day. 

EFFECTIVE DATE

September 1, 2001.