Texas Local Government Code 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 § 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
Terms Used In Texas Local Government Code 86.0021
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(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 § 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 § 1701.302, Occupations Code.