HBA-CMT H.B. 385 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 385 By: Ellis, Dan County Affairs 2/28/2001 Introduced BACKGROUND AND PURPOSE Currently, a constable or sheriff is required to have a high school diploma and be eligible for a peace officer license. A constable can be removed if evidence of a license has not been provided to the commissioners court of the county on or before the 270th day after the date the constable takes office. House Bill 385 provides that a person is not eligible to be a candidate for the office of sheriff or constable unless the person holds a permanent peace officer license. 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 385 amends the Local Government Code to provide that only a person who holds a permanent peace officer license is eligible to serve as a sheriff or constable, or be eligible to be a candidate for the office of sheriff or constable. The bill requires a constable to provide evidence that the constable has been issued a permanent peace officer license to the commissioners court of the county in which the constable serves before taking office. EFFECTIVE DATE September 1, 2001.