Texas Local Government Code - Section 86.0021. Qualifications; Removal
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Texas Lawyer > Local Government Code > Texas Local Government Code - Section 86.0021. Qualifications; Removal
§ 86.0021. QUALIFICATIONS; REMOVAL. (a) A person is not
eligible to serve as constable unless:
(1) the person is eligible to be licensed under
Sections 1701.309 and 1701.312, Occupations Code, and:
(A) has at least an associate's degree conferred
by an institution of higher education accredited by an accrediting
organization recognized by the Texas Higher Education Coordinating
Board;
(B) is a special investigator under Article
2.122(a), Code of Criminal Procedure; or
(C) is an honorably retired peace officer or
honorably retired federal criminal investigator who holds a
certificate of proficiency issued under Section 1701.357,
Occupations Code; or
(2) the person is an active or inactive licensed peace
officer under Chapter 1701, Occupations Code.
(b) On or before the 270th day after the date a constable
takes office, the constable shall provide, to the commissioners
court of the county in which the constable serves, evidence that the
constable has been issued a permanent peace officer license under
Chapter 1701, Occupations Code. A constable who fails to provide
evidence of licensure under this subsection or who fails to
maintain a permanent license while serving in office forfeits the
office and is subject to removal in a quo warranto proceeding under
Chapter 66, Civil Practice and Remedies Code.
(c) The license requirement of Subsection (b) supersedes
the license requirement of Section 1701.302, Occupations Code.
Added by Acts 1997, 75th Leg., ch. 884, § 3, eff. Jan. 1, 1998.
Amended by Acts 1999, 76th Leg., ch. 877, § 1, eff. Aug. 30,
1999; Acts 2001, 77th Leg., ch. 1420, § 14.821, eff. Sept. 1,
2001; Acts 2005, 79th Leg., ch. 954, § 1, eff. June 18, 2005.
Section: 85.005 85.006 85.021 85.022 85.023 86.001 86.002 86.0021 86.003 86.011 86.012 86.021 86.022 86.023 86.024
Last modified: August 11, 2007
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