HBA-CMT C.S.H.B. 385 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 385
By: Ellis, Dan
County Affairs
3/19/2001
Committee Report (Substituted)



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.  C.S.H.B. 385 provides that a person is not eligible to serve as a
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

C.S.H.B. 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.  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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 385 modifies the original by removing the provision that only a
person who holds a permanent peace officers license is eligible to be a
candidate for the office of sheriff or constable.