Texas 2023 - 88th Regular

Texas Senate Bill SB1124 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1124
2	2
3	3
4	4	AN ACT
5	5	relating to qualifications of a sheriff or a candidate for sheriff.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 85.0011, Local Government Code, is
8	8	amended to read as follows:
9	9	Sec. 85.0011. QUALIFICATIONS FOR SHERIFF OR CANDIDATE FOR
10	10	SHERIFF. (a) In this section:
11	11	(1) "Active duty" means current full-time military
12	12	service in the armed forces of the United States.
13	13	(2) "Armed forces of the United States" means the
14	14	army, navy, air force, space force, coast guard, or marine corps of
15	15	the United States or a reserve unit of one of those branches of the
16	16	armed forces.
17	17	(3) "Federal special investigator" means a person
18	18	described by Article 2.122, Code of Criminal Procedure.
19	19	(4) "Military veteran" means a person who has served
20	20	on active duty and who was discharged or released from active duty.
21	21	(b) A person is not eligible to serve as sheriff unless the
22	22	person:
23	23	(1) has a high school diploma or a high school
24	24	equivalency certificate; and
25	25	(2) either:
26	26	(A) holds an active permanent peace officer
27	27	license under Chapter 1701, Occupations Code; or
28	28	(B) is eligible to be licensed under Sections
29	29	1701.309 and 1701.312, Occupations Code, and:
30	30	(i) has a minimum of five years of
31	31	experience as a federal special investigator; or
32	32	(ii) is a military veteran with a minimum of
33	33	10 years of combined active duty or national guard service
34	34	experience.
35	35	(c) A person is not eligible to be a candidate for the office
36	36	of sheriff unless the person holds an active permanent peace
37	37	officer license under Chapter 1701, Occupations Code, or is a
38	38	person described by Subsection (b)(2)(B)(i) or (ii) and obtains a
39	39	license within the time provided by Section 1701.302(a),
40	40	Occupations Code.
41	41	SECTION 2. Section 1701.302(a), Occupations Code, is
42	42	amended to read as follows:
43	43	(a) Except as provided by Section 85.0011, Local Government
44	44	Code, an [An] officer, including a sheriff, elected under the Texas
45	45	Constitution or a statute or appointed to fill a vacancy in an
46	46	elective office must obtain a license from the commission not later
47	47	than the second anniversary of the date the officer takes office.
48	48	SECTION 3. Section 85.0025, Local Government Code, is
49	49	repealed.
50	50	SECTION 4. The changes in law made by this Act to Sections
51	51	85.0011 and 85.0025, Local Government Code, do not apply to a
52	52	sheriff serving a term that began before the effective date of this
53	53	Act. A sheriff serving a term that began before the effective date
54	54	of this Act is governed for the remainder of that term by Sections
55	55	85.0011 and 85.0025, Local Government Code, as those laws existed
56	56	immediately before the effective date of this Act, and the prior law
57	57	is continued in effect for that purpose.
58	58	SECTION 5. This Act takes effect September 1, 2023.
59	59	______________________________ ______________________________
60	60	President of the Senate Speaker of the House
61	61	I hereby certify that S.B. No. 1124 passed the Senate on
62	62	April 19, 2023, by the following vote: Yeas 28, Nays 3.
63	63	______________________________
64	64	Secretary of the Senate
65	65	I hereby certify that S.B. No. 1124 passed the House on
66	66	May 12, 2023, by the following vote: Yeas 124, Nays 19, two
67	67	present not voting.
68	68	______________________________
69	69	Chief Clerk of the House
70	70	Approved:
71	71	______________________________
72	72	Date
73	73	______________________________
74	74	Governor