| 1 | 1 | | By: Hughes S.B. No. 2109 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the appointment of deputy constables. |
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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. Sec. 86.011, Local Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) The appointment of a deputy constable must be in writing |
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| 13 | 13 | | [An elected constable who desires to appoint a deputy must apply in |
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| 14 | 14 | | writing to the commissioners court of the county and show that it is |
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| 15 | 15 | | necessary to appoint a deputy in order to properly handle the |
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| 16 | 16 | | business of the constable's office that originates in the |
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| 17 | 17 | | constable's precinct. The application must state the name of the |
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| 18 | 18 | | proposed deputy. The commissioners court shall approve and confirm |
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| 19 | 19 | | the appointment of the deputy only if the commissioners court |
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| 20 | 20 | | determines that the constable needs a deputy to handle the business |
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| 21 | 21 | | originating in the precinct]. |
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| 22 | 22 | | (b) Except as provided by Subsection (c), a person appointed |
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| 23 | 23 | | as a deputy, before beginning to perform the duties of office, must |
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| 24 | 24 | | take and subscribe the official oath, which, together with the |
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| 25 | 25 | | certificate of the officer administering the oath, must be endorsed |
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| 26 | 26 | | on the appointment. The appointment and oath shall be deposited and |
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| 27 | 27 | | recorded in the county clerk's office. A list of the appointments |
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| 28 | 28 | | shall be posted in a conspicuous place in that office. |
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| 29 | 29 | | (c) A person reappointed as a deputy may continue to perform |
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| 30 | 30 | | the duties of office before retaking the official oath. The deputy |
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| 31 | 31 | | must retake the oath as soon as possible after being reappointed. |
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| 32 | 32 | | (d) A deputy serves at the pleasure of the constable. The |
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| 33 | 33 | | constable may revoke the appointment of a deputy on the indictment |
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| 34 | 34 | | of the deputy for a felony. |
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| 35 | 35 | | (e) [(b)] Each deputy constable must qualify in the manner |
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| 36 | 36 | | provided for deputy sheriffs under Section 85.003. |
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| 37 | 37 | | (f) [(c)] The constable is responsible for the official |
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| 38 | 38 | | acts of each deputy of the constable. The constable may require a |
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| 39 | 39 | | deputy to post a bond or security. A constable may exercise any |
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| 40 | 40 | | remedy against a deputy or the deputy's surety that a person may |
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| 41 | 41 | | exercise against the constable or the constable's surety. |
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| 42 | 42 | | (g) [(d)] A person commits an offense if the person[: |
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| 43 | 43 | | [(1)] serves as a deputy constable and the person has |
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| 44 | 44 | | not been appointed as provided by Subsection (a)[; or |
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| 45 | 45 | | [(2) is a constable and issues a deputyship without the |
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| 46 | 46 | | consent and approval of the commissioners court]. |
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| 47 | 47 | | (h) [(e)] An offense under Subsection (g) [(d)] is |
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| 48 | 48 | | punishable by a fine of not less than $50 or more than $1,000. |
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| 49 | 49 | | SECTION 2. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2025. |
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