Sec. 86.0021.  QUALIFICATIONS;  REMOVAL.
Text of subsection effective until January 01, 2025
  (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.
Text of subsection effective on January 01, 2025
(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 2A.002(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, Sec. 3, eff. Jan. 1, 1998.  Amended by Acts 1999, 76th Leg., ch. 877, Sec. 1, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.821, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 954 (H.B. 1588), Sec. 1, eff. June 18, 2005.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.134, eff. January 1, 2025.