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.