| 1 | 1 | | 89R368 SCL-D |
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| 2 | 2 | | By: Hinojosa of Hidalgo S.B. No. 428 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to qualifications for a sheriff or constable or a |
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| 10 | 10 | | candidate for sheriff or constable. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 85.0011(b) and (c), Local Government |
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| 13 | 13 | | Code, are amended to read as follows: |
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| 14 | 14 | | (b) A person is not eligible to serve as sheriff unless the |
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| 15 | 15 | | person: |
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| 16 | 16 | | (1) has a high school diploma or a high school |
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| 17 | 17 | | equivalency certificate; and |
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| 18 | 18 | | (2) either: |
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| 19 | 19 | | (A) holds an active permanent peace officer |
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| 20 | 20 | | license under Chapter 1701, Occupations Code; or |
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| 21 | 21 | | (B) is eligible to be licensed under Sections |
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| 22 | 22 | | 1701.309 and 1701.312, Occupations Code, obtains a license |
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| 23 | 23 | | described by Paragraph (A) within the time provided by Section |
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| 24 | 24 | | 1701.302(a), Occupations Code, and: |
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| 25 | 25 | | (i) has a minimum of five years of |
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| 26 | 26 | | experience as a federal special investigator; or |
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| 27 | 27 | | (ii) is a military veteran with a minimum of |
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| 28 | 28 | | 10 years of combined active duty or national guard service |
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| 29 | 29 | | experience. |
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| 30 | 30 | | (c) A person is not eligible to be a candidate for the office |
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| 31 | 31 | | of sheriff unless the person: |
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| 32 | 32 | | (1) holds an active permanent peace officer license |
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| 33 | 33 | | under Chapter 1701, Occupations Code; [,] or |
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| 34 | 34 | | (2) is a person described by Subsection (b)(2)(B)(i) |
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| 35 | 35 | | or (ii) and intends to obtain [obtains] a license described by |
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| 36 | 36 | | Subdivision (1) within the time provided by Section 1701.302(a), |
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| 37 | 37 | | Occupations Code. |
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| 38 | 38 | | SECTION 2. Subchapter A, Chapter 86, Local Government Code, |
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| 39 | 39 | | is amended by adding Section 86.0025 to read as follows: |
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| 40 | 40 | | Sec. 86.0025. QUALIFICATIONS FOR CONSTABLE OR CANDIDATE FOR |
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| 41 | 41 | | CONSTABLE. (a) In this section, "active duty," "federal special |
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| 42 | 42 | | investigator," and "military veteran" have the meanings assigned by |
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| 43 | 43 | | Section 85.0011. |
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| 44 | 44 | | (b) A person is not eligible to serve as constable unless |
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| 45 | 45 | | the person: |
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| 46 | 46 | | (1) has a high school diploma or a high school |
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| 47 | 47 | | equivalency certificate; and |
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| 48 | 48 | | (2) either: |
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| 49 | 49 | | (A) holds an active permanent peace officer |
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| 50 | 50 | | license under Chapter 1701, Occupations Code; or |
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| 51 | 51 | | (B) is eligible to be licensed under Sections |
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| 52 | 52 | | 1701.309 and 1701.312, Occupations Code, obtains a license |
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| 53 | 53 | | described by Paragraph (A) within the time provided by Section |
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| 54 | 54 | | 1701.302(a), Occupations Code, and: |
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| 55 | 55 | | (i) has a minimum of five years of |
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| 56 | 56 | | experience as a federal special investigator; or |
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| 57 | 57 | | (ii) is a military veteran with a minimum of |
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| 58 | 58 | | 10 years of combined active duty or national guard service |
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| 59 | 59 | | experience. |
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| 60 | 60 | | (c) A person is not eligible to be a candidate for the office |
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| 61 | 61 | | of constable unless the person: |
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| 62 | 62 | | (1) holds an active permanent peace officer license |
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| 63 | 63 | | under Chapter 1701, Occupations Code; or |
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| 64 | 64 | | (2) is a person described by Subsection (b)(2)(B)(i) |
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| 65 | 65 | | or (ii) and intends to obtain a license described by Subdivision (1) |
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| 66 | 66 | | within the time provided by Section 1701.302(a), Occupations Code. |
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| 67 | 67 | | SECTION 3. Section 1701.302(a), Occupations Code, is |
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| 68 | 68 | | amended to read as follows: |
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| 69 | 69 | | (a) Except as provided by Sections 85.0011(b)(2)(A) and |
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| 70 | 70 | | 86.0025(b)(2)(A) [Section 85.0011], Local Government Code, an |
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| 71 | 71 | | officer, including a sheriff and constable, elected under the Texas |
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| 72 | 72 | | Constitution or a statute or appointed to fill a vacancy in an |
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| 73 | 73 | | elective office must obtain a license from the commission not later |
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| 74 | 74 | | than the second anniversary of the date the officer takes office. |
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| 75 | 75 | | SECTION 4. Section 86.0021, Local Government Code, is |
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| 76 | 76 | | repealed. |
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| 77 | 77 | | SECTION 5. The changes in law made by this Act do not apply |
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| 78 | 78 | | to a sheriff or constable serving a term that began before the |
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| 79 | 79 | | effective date of this Act. A sheriff or constable serving a term |
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| 80 | 80 | | that began before the effective date of this Act is governed for the |
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| 81 | 81 | | remainder of that term by the law as it existed immediately before |
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| 82 | 82 | | the effective date of this Act, and that law is continued in effect |
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| 83 | 83 | | for that purpose. |
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| 84 | 84 | | SECTION 6. This Act takes effect September 1, 2025. |
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