88R2961 DRS-D
By: Cook, Bell of Kaufman H.B. No. 879
A BILL TO BE ENTITLED
AN ACT
relating to the qualifications required to hold the office of
constable in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 86.0021, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A person is not eligible to serve as constable in a
county with a population of less than 200,000 unless:
(1) the person is eligible to be licensed under
Sections 1701.309 and 1701.312, Occupations Code, and:
(A) has at least an associate's degree conferred
by an institution of higher education accredited by an accrediting
organization recognized by the Texas Higher Education Coordinating
Board;
(B) is a special investigator under Article
2.122(a), Code of Criminal Procedure; or
(C) is an honorably retired peace officer or
honorably retired federal criminal investigator who holds a
certificate of proficiency issued under Section 1701.357,
Occupations Code; or
(2) the person is an active or inactive licensed peace
officer under Chapter 1701, Occupations Code.
(a-1) A person is not eligible to serve as constable in a
county with a population of 200,000 or more unless:
(1) the person is eligible to be licensed under
Sections 1701.309 and 1701.312, Occupations Code, and:
(A) is a special investigator under Article
2.122(a), Code of Criminal Procedure; or
(B) is an honorably retired peace officer or
honorably retired federal criminal investigator who holds a
certificate of proficiency issued under Section 1701.357,
Occupations Code; or
(2) the person is an active or inactive licensed peace
officer under Chapter 1701, Occupations Code.
SECTION 2. The change in law made by this Act applies only
to a constable elected or appointed to serve a term of office that
begins on or after the effective date of this Act. A constable
serving a term of office that began before the effective date of
this Act is governed for the remainder of that term by the
applicable law that existed immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.