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.