bill letting constables appoint deputies without county approval

The text as introduced · 484 words

By: Alders
H.B. No. 3394

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of deputy constables.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sec. 86.011, Local Government Code, is amended

to read as follows:

(a) The appointment of a deputy constable must be in writing

[ An elected constable who desires to appoint a deputy must apply in

writing to the commissioners court of the county and show that it is

necessary to appoint a deputy in order to properly handle the

business of the constable's office that originates in the

constable's precinct. The application must state the name of the

proposed deputy. The commissioners court shall approve and confirm

the appointment of the deputy only if the commissioners court

determines that the constable needs a deputy to handle the business

originating in the precinct ].

(b) Except as provided by Subsection (c), a person appointed

as a deputy, before beginning to perform the duties of office, must

take and subscribe the official oath, which, together with the

certificate of the officer administering the oath, must be endorsed

on the appointment. The appointment and oath shall be deposited and

recorded in the county clerk's office. A list of the appointments

shall be posted in a conspicuous place in that office.

(c) A person reappointed as a deputy may continue to perform

the duties of office before retaking the official oath. The deputy

must retake the oath as soon as possible after being reappointed.

(d) A deputy serves at the pleasure of the constable. The

constable may revoke the appointment of a deputy on the indictment

of the deputy for a felony.

(e) [ (b) ] Each deputy constable must qualify in the manner

provided for deputy sheriffs under Section 85.003.

(f) [ (c) ] The constable is responsible for the official

acts of each deputy of the constable. The constable may require a

deputy to post a bond or security. A constable may exercise any

remedy against a deputy or the deputy's surety that a person may

exercise against the constable or the constable's surety.

(g) [ (d) ] A person commits an offense if the person[ :

[ (1) ] serves as a deputy constable and the person has

not been appointed as provided by Subsection (a)[ ; or

[ (2) is a constable and issues a deputyship without

the consent and approval of the commissioners court ].

(h) [ (e) ] An offense under Subsection (g) [ (d) ] is

punishable by a fine of not less than $50 or more than $1,000.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.