HBA-DMD H.B. 2009 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2009 By: Palmer County Affairs 3/10/1999 Introduced BACKGROUND AND PURPOSE Last November, Texas voters approved a constitutional amendment allowing the legislature to set qualifications for the office of constable. A constable is a policy-maker as well as a law enforcement officer who commands deputy constables, who themselves have been licensed as peace officers. Under current rules, a constable is granted two years to become a licensed peace officer. During that time a county may become involved in a lawsuit due to the actions of such an unlicensed constable. H.B. 2009 establishes that a person is not eligible to serve as a constable unless the person is licensed as a peace officer under Chapter 415, (Commission on Law Enforcement Officer Standards and Education), Government Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 86.0021, Local Government Code, to establish that a person is not eligible to serve as constable unless the person is licensed as a peace officer under Chapter 415 (Commission on Law Enforcement Officer Standards and Education), rather than under Sections 415.058 (Felony Conviction of Placement on Community Supervision) and 415.059 (Age Requirement), Government Code. SECTION 2.Makes application of this Act prospective. SECTION 3.Emergency clause. Effective date: upon passage.