| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to qualifications of a sheriff or a candidate for sheriff. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Section 85.0011, Local Government Code, is |
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| 11 | 10 | | amended to read as follows: |
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| 12 | 11 | | Sec. 85.0011. QUALIFICATIONS FOR SHERIFF OR CANDIDATE FOR |
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| 13 | 12 | | SHERIFF. (a) A person is not eligible to serve as sheriff unless |
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| 14 | 13 | | the person: |
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| 15 | 14 | | (1) has a high school diploma or a high school |
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| 16 | 15 | | equivalency certificate; and |
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| 17 | 16 | | (2) holds an active permanent peace officer |
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| 18 | 17 | | license [is eligible to be licensed] under Chapter 1701 [Sections |
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| 19 | 18 | | 1701.309 and 1701.312], Occupations Code. |
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| 20 | 19 | | (b) A person is not eligible to be a candidate for the office |
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| 21 | 20 | | of sheriff unless the person holds an active permanent peace |
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| 22 | 21 | | officer license under Chapter 1701, Occupations Code. |
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| 23 | 22 | | SECTION 2. Section 1701.302(a), Occupations Code, is |
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| 24 | 23 | | amended to read as follows: |
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| 25 | 24 | | (a) Except as provided by Section 85.0011, Local Government |
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| 26 | 25 | | Code, an [An] officer[, including a sheriff,] elected under the |
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| 27 | 26 | | Texas Constitution or a statute or appointed to fill a vacancy in an |
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| 28 | 27 | | elective office must obtain a license from the commission not later |
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| 29 | 28 | | than the second anniversary of the date the officer takes office. |
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| 30 | 29 | | SECTION 3. Section 85.0025, Local Government Code, is |
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| 31 | 30 | | repealed. |
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| 32 | 31 | | SECTION 4. The changes in law made by this Act to Sections |
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| 33 | 32 | | 85.0011 and 85.0025, Local Government Code, do not apply to a |
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| 34 | 33 | | sheriff serving a term that began before the effective date of this |
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| 35 | 34 | | Act. A sheriff serving a term that began before the effective date |
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| 36 | 35 | | of this Act is governed for the remainder of that term by Sections |
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| 37 | 36 | | 85.0011 and 85.0025, Local Government Code, as those laws existed |
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| 38 | 37 | | immediately before the effective date of this Act, and the prior law |
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| 39 | 38 | | is continued in effect for that purpose. |
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| 40 | 39 | | SECTION 5. This Act takes effect September 1, 2021. |
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