bill rewriting who can run for sheriff or constable

The text as introduced · 618 words

89R368 SCL-D

By: Hinojosa of Hidalgo
S.B. No. 428

A BILL TO BE ENTITLED

AN ACT

relating to qualifications for a sheriff or constable or a

candidate for sheriff or constable.

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

SECTION 1. Sections 85.0011(b) and (c), Local Government

Code, are amended to read as follows:

(b) A person is not eligible to serve as sheriff unless the

person:

(1) has a high school diploma or a high school

equivalency certificate; and

(2) either:

(A) holds an active permanent peace officer

license under Chapter 1701, Occupations Code; or

(B) is eligible to be licensed under Sections

1701.309 and 1701.312, Occupations Code, obtains a license

described by Paragraph (A) within the time provided by Section

1701.302(a), Occupations Code, and:

(i) has a minimum of five years of

experience as a federal special investigator; or

(ii) is a military veteran with a minimum of

10 years of combined active duty or national guard service

experience.

(c) A person is not eligible to be a candidate for the office

of sheriff unless the person :

(1) holds an active permanent peace officer license

under Chapter 1701, Occupations Code ; [ , ] or

(2) is a person described by Subsection (b)(2)(B)(i)

or (ii) and intends to obtain [ obtains ] a license described by

Subdivision (1) within the time provided by Section 1701.302(a),

Occupations Code.

SECTION 2. Subchapter A, Chapter 86, Local Government Code,

is amended by adding Section 86.0025 to read as follows:

Sec. 86.0025. QUALIFICATIONS FOR CONSTABLE OR CANDIDATE FOR

CONSTABLE. (a) In this section, "active duty," "federal special

investigator," and "military veteran" have the meanings assigned by

Section 85.0011.

(b) A person is not eligible to serve as constable unless

the person:

(1) has a high school diploma or a high school

equivalency certificate; and

(2) either:

(A) holds an active permanent peace officer

license under Chapter 1701, Occupations Code; or

(B) is eligible to be licensed under Sections

1701.309 and 1701.312, Occupations Code, obtains a license

described by Paragraph (A) within the time provided by Section

1701.302(a), Occupations Code, and:

(i) has a minimum of five years of

experience as a federal special investigator; or

(ii) is a military veteran with a minimum of

10 years of combined active duty or national guard service

experience.

(c) A person is not eligible to be a candidate for the office

of constable unless the person:

(1) holds an active permanent peace officer license

under Chapter 1701, Occupations Code; or

(2) is a person described by Subsection (b)(2)(B)(i)

or (ii) and intends to obtain a license described by Subdivision (1)

within the time provided by Section 1701.302(a), Occupations Code.

SECTION 3. Section 1701.302(a), Occupations Code, is

amended to read as follows:

(a) Except as provided by Sections 85.0011(b)(2)(A) and

86.0025(b)(2)(A) [ Section 85.0011 ], Local Government Code, an

officer, including a sheriff and constable , elected under the Texas

Constitution or a statute or appointed to fill a vacancy in an

elective office must obtain a license from the commission not later

than the second anniversary of the date the officer takes office.

SECTION 4. Section 86.0021, Local Government Code, is

repealed.

SECTION 5. The changes in law made by this Act do not apply

to a sheriff or constable serving a term that began before the

effective date of this Act. A sheriff or constable serving a term

that began before the effective date of this Act is governed for the

remainder of that term by the law as it existed immediately before

the effective date of this Act, and that law is continued in effect

for that purpose.

SECTION 6. This Act takes effect September 1, 2025.