| 1 | 1 | | 88R10351 KBB-D |
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| 2 | 2 | | By: Neave Criado H.B. No. 3477 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to qualifications of a sheriff or a candidate for sheriff. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 85.0011, Local Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 85.0011. QUALIFICATIONS FOR SHERIFF OR CANDIDATE FOR |
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| 12 | 12 | | SHERIFF. (a) In this section: |
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| 13 | 13 | | (1) "Active duty" means current full-time military |
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| 14 | 14 | | service in the armed forces of the United States. |
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| 15 | 15 | | (2) "Armed forces of the United States" means the |
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| 16 | 16 | | army, navy, air force, space force, coast guard, or marine corps of |
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| 17 | 17 | | the United States or a reserve unit of one of those branches of the |
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| 18 | 18 | | armed forces. |
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| 19 | 19 | | (3) "Federal special investigator" means a person |
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| 20 | 20 | | described by Section 2.122, Code of Criminal Procedure. |
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| 21 | 21 | | (4) "Military veteran" means a person who has served |
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| 22 | 22 | | on active duty and who was discharged or released from active duty. |
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| 23 | 23 | | (5) "Peace officer" means a peace officer described by |
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| 24 | 24 | | Article 2.12, Code of Criminal Procedure. |
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| 25 | 25 | | (b) A person is not eligible to serve as sheriff unless the |
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| 26 | 26 | | person: |
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| 27 | 27 | | (1) has a high school diploma or a high school |
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| 28 | 28 | | equivalency certificate; [and] |
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| 29 | 29 | | (2) holds an active permanent peace officer |
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| 30 | 30 | | license [is eligible to be licensed] under Chapter 1701 [Sections |
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| 31 | 31 | | 1701.309 and 1701.312], Occupations Code; |
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| 32 | 32 | | (3) has a minimum of: |
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| 33 | 33 | | (A) 5 years experience as a full-time, paid peace |
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| 34 | 34 | | officer or federal special investigator; or |
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| 35 | 35 | | (B) 10 years combined active duty or national |
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| 36 | 36 | | guard service experience, and is a military veteran; and |
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| 37 | 37 | | (4) holds an intermediate, advanced, or master |
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| 38 | 38 | | proficiency certificate under Section 1701.402, Occupations Code. |
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| 39 | 39 | | (c) A person is not eligible to be a candidate for the office |
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| 40 | 40 | | of sheriff unless the person meets the qualifications prescribed by |
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| 41 | 41 | | Subsection (b). |
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| 42 | 42 | | SECTION 2. Section 1701.302(a), Occupations Code, is |
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| 43 | 43 | | amended to read as follows: |
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| 44 | 44 | | (a) Except as provided by Section 85.0011, Local Government |
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| 45 | 45 | | Code, an [An] officer[, including a sheriff,] elected under the |
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| 46 | 46 | | Texas Constitution or a statute or appointed to fill a vacancy in an |
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| 47 | 47 | | elective office must obtain a license from the commission not later |
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| 48 | 48 | | than the second anniversary of the date the officer takes office. |
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| 49 | 49 | | SECTION 3. Section 85.0025, Local Government Code, is |
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| 50 | 50 | | repealed. |
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| 51 | 51 | | SECTION 4. The changes in law made by this Act to Sections |
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| 52 | 52 | | 85.0011 and 85.0025, Local Government Code, do not apply to a |
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| 53 | 53 | | sheriff serving a term that began before the effective date of this |
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| 54 | 54 | | Act. A sheriff serving a term that began before the effective date |
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| 55 | 55 | | of this Act is governed for the remainder of that term by Sections |
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| 56 | 56 | | 85.0011 and 85.0025, Local Government Code, as those laws existed |
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| 57 | 57 | | immediately before the effective date of this Act, and the prior law |
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| 58 | 58 | | is continued in effect for that purpose. |
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| 59 | 59 | | SECTION 5. This Act takes effect September 1, 2023. |
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