By: Hughes S.B. No. 2109
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of deputy constables.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 86.011, Local Government Code, is amended
to read as follows:
(a) The appointment of a deputy constable must be in writing
[An elected constable who desires to appoint a deputy must apply in
writing to the commissioners court of the county and show that it is
necessary to appoint a deputy in order to properly handle the
business of the constable's office that originates in the
constable's precinct. The application must state the name of the
proposed deputy. The commissioners court shall approve and confirm
the appointment of the deputy only if the commissioners court
determines that the constable needs a deputy to handle the business
originating in the precinct].
(b) Except as provided by Subsection (c), a person appointed
as a deputy, before beginning to perform the duties of office, must
take and subscribe the official oath, which, together with the
certificate of the officer administering the oath, must be endorsed
on the appointment. The appointment and oath shall be deposited and
recorded in the county clerk's office. A list of the appointments
shall be posted in a conspicuous place in that office.
(c) A person reappointed as a deputy may continue to perform
the duties of office before retaking the official oath. The deputy
must retake the oath as soon as possible after being reappointed.
(d) A deputy serves at the pleasure of the constable. The
constable may revoke the appointment of a deputy on the indictment
of the deputy for a felony.
(e) [(b)] Each deputy constable must qualify in the manner
provided for deputy sheriffs under Section 85.003.
(f) [(c)] The constable is responsible for the official
acts of each deputy of the constable. The constable may require a
deputy to post a bond or security. A constable may exercise any
remedy against a deputy or the deputy's surety that a person may
exercise against the constable or the constable's surety.
(g) [(d)] A person commits an offense if the person[:
[(1)] serves as a deputy constable and the person has
not been appointed as provided by Subsection (a)[; or
[(2) is a constable and issues a deputyship without the
consent and approval of the commissioners court].
(h) [(e)] An offense under Subsection (g) [(d)] is
punishable by a fine of not less than $50 or more than $1,000.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.