| 1 | 1 | | 88R2961 DRS-D |
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| 2 | 2 | | By: Cook, Bell of Kaufman H.B. No. 879 |
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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 the qualifications required to hold the office of |
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| 8 | 8 | | constable in certain counties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 86.0021, Local Government Code, is |
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| 11 | 11 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) A person is not eligible to serve as constable in a |
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| 14 | 14 | | county with a population of less than 200,000 unless: |
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| 15 | 15 | | (1) the person is eligible to be licensed under |
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| 16 | 16 | | Sections 1701.309 and 1701.312, Occupations Code, and: |
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| 17 | 17 | | (A) has at least an associate's degree conferred |
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| 18 | 18 | | by an institution of higher education accredited by an accrediting |
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| 19 | 19 | | organization recognized by the Texas Higher Education Coordinating |
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| 20 | 20 | | Board; |
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| 21 | 21 | | (B) is a special investigator under Article |
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| 22 | 22 | | 2.122(a), Code of Criminal Procedure; or |
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| 23 | 23 | | (C) is an honorably retired peace officer or |
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| 24 | 24 | | honorably retired federal criminal investigator who holds a |
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| 25 | 25 | | certificate of proficiency issued under Section 1701.357, |
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| 26 | 26 | | Occupations Code; or |
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| 27 | 27 | | (2) the person is an active or inactive licensed peace |
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| 28 | 28 | | officer under Chapter 1701, Occupations Code. |
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| 29 | 29 | | (a-1) A person is not eligible to serve as constable in a |
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| 30 | 30 | | county with a population of 200,000 or more unless: |
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| 31 | 31 | | (1) the person is eligible to be licensed under |
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| 32 | 32 | | Sections 1701.309 and 1701.312, Occupations Code, and: |
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| 33 | 33 | | (A) is a special investigator under Article |
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| 34 | 34 | | 2.122(a), Code of Criminal Procedure; or |
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| 35 | 35 | | (B) is an honorably retired peace officer or |
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| 36 | 36 | | honorably retired federal criminal investigator who holds a |
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| 37 | 37 | | certificate of proficiency issued under Section 1701.357, |
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| 38 | 38 | | Occupations Code; or |
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| 39 | 39 | | (2) the person is an active or inactive licensed peace |
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| 40 | 40 | | officer under Chapter 1701, Occupations Code. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to a constable elected or appointed to serve a term of office that |
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| 43 | 43 | | begins on or after the effective date of this Act. A constable |
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| 44 | 44 | | serving a term of office that began before the effective date of |
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| 45 | 45 | | this Act is governed for the remainder of that term by the |
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| 46 | 46 | | applicable law that existed immediately before the effective date |
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| 47 | 47 | | of this Act, and the former law is continued in effect for that |
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| 48 | 48 | | purpose. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2023. |
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