| 1 | 1 | | 86R12198 SMT-D |
|---|
| 2 | 2 | | By: Goldman H.B. No. 3792 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to clerks of justice courts and deputy constables. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 27.056(a), Government Code, is amended |
|---|
| 10 | 10 | | to read as follows: |
|---|
| 11 | 11 | | (a) Each justice of the peace may designate one or more |
|---|
| 12 | 12 | | persons to serve as clerk of the justice court. A clerk of the |
|---|
| 13 | 13 | | justice court serves at the pleasure of the justice of the peace. |
|---|
| 14 | 14 | | SECTION 2. Section 86.011, Local Government Code, is |
|---|
| 15 | 15 | | amended by adding Subsection (a-1) to read as follows: |
|---|
| 16 | 16 | | (a-1) An elected constable may designate a person serving as |
|---|
| 17 | 17 | | a deputy constable as the chief deputy constable. The chief deputy |
|---|
| 18 | 18 | | constable serves at the pleasure of the elected constable. |
|---|
| 19 | 19 | | SECTION 3. Section 158.013(b), Local Government Code, is |
|---|
| 20 | 20 | | amended to read as follows: |
|---|
| 21 | 21 | | (b) This subchapter does not apply to: |
|---|
| 22 | 22 | | (1) assistant district attorneys, investigators, or |
|---|
| 23 | 23 | | other employees of a district or criminal district attorney, except |
|---|
| 24 | 24 | | as provided by Section 158.007; |
|---|
| 25 | 25 | | (2) the official shorthand reporter of a court; [or] |
|---|
| 26 | 26 | | (3) an elected or appointed officer under the |
|---|
| 27 | 27 | | constitution; |
|---|
| 28 | 28 | | (4) a chief deputy constable appointed under Section |
|---|
| 29 | 29 | | 86.011; or |
|---|
| 30 | 30 | | (5) a clerk of a justice of the peace appointed under |
|---|
| 31 | 31 | | Section 27.056, Government Code. |
|---|
| 32 | 32 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 36 | 36 | | Act takes effect September 1, 2019. |
|---|