Texas Constable - New Constable Qualifications

New Constable Qualifications

Constable qualifications as changed by HB 1588 of the 79th Regular Session of the Texas Legislature:

Local Government Code 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.