89R368 SCL-D
By: Hinojosa of Hidalgo S.B. No. 428
A BILL TO BE ENTITLED
AN ACT
relating to qualifications for a sheriff or constable or a
candidate for sheriff or constable.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 85.0011(b) and (c), Local Government
Code, are amended to read as follows:
(b) A person is not eligible to serve as sheriff unless the
person:
(1) has a high school diploma or a high school
equivalency certificate; and
(2) either:
(A) holds an active permanent peace officer
license under Chapter 1701, Occupations Code; or
(B) is eligible to be licensed under Sections
1701.309 and 1701.312, Occupations Code, obtains a license
described by Paragraph (A) within the time provided by Section
1701.302(a), Occupations Code, and:
(i) has a minimum of five years of
experience as a federal special investigator; or
(ii) is a military veteran with a minimum of
10 years of combined active duty or national guard service
experience.
(c) A person is not eligible to be a candidate for the office
of sheriff unless the person:
(1) holds an active permanent peace officer license
under Chapter 1701, Occupations Code; [,] or
(2) is a person described by Subsection (b)(2)(B)(i)
or (ii) and intends to obtain [obtains] a license described by
Subdivision (1) within the time provided by Section 1701.302(a),
Occupations Code.
SECTION 2. Subchapter A, Chapter 86, Local Government Code,
is amended by adding Section 86.0025 to read as follows:
Sec. 86.0025. QUALIFICATIONS FOR CONSTABLE OR CANDIDATE FOR
CONSTABLE. (a) In this section, "active duty," "federal special
investigator," and "military veteran" have the meanings assigned by
Section 85.0011.
(b) A person is not eligible to serve as constable unless
the person:
(1) has a high school diploma or a high school
equivalency certificate; and
(2) either:
(A) holds an active permanent peace officer
license under Chapter 1701, Occupations Code; or
(B) is eligible to be licensed under Sections
1701.309 and 1701.312, Occupations Code, obtains a license
described by Paragraph (A) within the time provided by Section
1701.302(a), Occupations Code, and:
(i) has a minimum of five years of
experience as a federal special investigator; or
(ii) is a military veteran with a minimum of
10 years of combined active duty or national guard service
experience.
(c) A person is not eligible to be a candidate for the office
of constable unless the person:
(1) holds an active permanent peace officer license
under Chapter 1701, Occupations Code; or
(2) is a person described by Subsection (b)(2)(B)(i)
or (ii) and intends to obtain a license described by Subdivision (1)
within the time provided by Section 1701.302(a), Occupations Code.
SECTION 3. Section 1701.302(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Sections 85.0011(b)(2)(A) and
86.0025(b)(2)(A) [Section 85.0011], Local Government Code, an
officer, including a sheriff and constable, elected under the Texas
Constitution or a statute or appointed to fill a vacancy in an
elective office must obtain a license from the commission not later
than the second anniversary of the date the officer takes office.
SECTION 4. Section 86.0021, Local Government Code, is
repealed.
SECTION 5. The changes in law made by this Act do not apply
to a sheriff or constable serving a term that began before the
effective date of this Act. A sheriff or constable serving a term
that began before the effective date of this Act is governed for the
remainder of that term by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 6. This Act takes effect September 1, 2025.