| 1 | 1 | | 89R15165 MZM-D |
|---|
| 2 | 2 | | By: Schatzline H.B. No. 5542 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the eligibility of a person to serve as sheriff. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 85.0011(b), Local Government Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | (b) A person is not eligible to serve as sheriff unless the |
|---|
| 14 | 14 | | person: |
|---|
| 15 | 15 | | (1) has a high school diploma or a high school |
|---|
| 16 | 16 | | equivalency certificate; [and] |
|---|
| 17 | 17 | | (2) [either: |
|---|
| 18 | 18 | | [(A)] holds an active permanent peace officer |
|---|
| 19 | 19 | | license under Chapter 1701, Occupations Code; [or |
|---|
| 20 | 20 | | [(B) is eligible to be licensed under Sections |
|---|
| 21 | 21 | | 1701.309 and 1701.312, Occupations Code,] and |
|---|
| 22 | 22 | | (3) [: |
|---|
| 23 | 23 | | [(i)] has a minimum of five years of |
|---|
| 24 | 24 | | experience as a peace officer [federal special investigator; or |
|---|
| 25 | 25 | | [(ii) is a military veteran with a minimum |
|---|
| 26 | 26 | | of 10 years of combined active duty or national guard service |
|---|
| 27 | 27 | | experience]. |
|---|
| 28 | 28 | | SECTION 2. Section 1701.302(a), Occupations Code, is |
|---|
| 29 | 29 | | amended to read as follows: |
|---|
| 30 | 30 | | (a) Except as provided by Section 85.0011, Local Government |
|---|
| 31 | 31 | | Code, an officer[, including a sheriff,] elected under the Texas |
|---|
| 32 | 32 | | Constitution or a statute or appointed to fill a vacancy in an |
|---|
| 33 | 33 | | elective office must obtain a license from the commission not later |
|---|
| 34 | 34 | | than the second anniversary of the date the officer takes office. |
|---|
| 35 | 35 | | SECTION 3. Sections 85.0011(a) and (c), Local Government |
|---|
| 36 | 36 | | Code, are repealed. |
|---|
| 37 | 37 | | SECTION 4. The changes in law made by this Act do not apply |
|---|
| 38 | 38 | | to a sheriff serving a term that began before the effective date of |
|---|
| 39 | 39 | | this Act. A sheriff serving a term that began before the effective |
|---|
| 40 | 40 | | date of this Act is governed for the remainder of that term by the |
|---|
| 41 | 41 | | law as it existed immediately before the effective date of this Act, |
|---|
| 42 | 42 | | and that law is continued in effect for that purpose. |
|---|
| 43 | 43 | | SECTION 5. This Act takes effect September 1, 2025. |
|---|