Bill Text: TX HB1049 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the requirement for a deputy sheriff, reserve deputy sheriff, deputy constable, or reserve deputy constable to take an official oath.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB1049 Detail]

Download: Texas-2021-HB1049-Enrolled.html

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H.B. No. 1049

AN ACT
relating to the requirement for a deputy sheriff, reserve deputy
sheriff, deputy constable, or reserve deputy constable to take an
official oath.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.003, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), a [A] person
appointed as a deputy, before beginning to perform the duties of
office, must take and subscribe the official oath, which, together
with the certificate of the officer administering the oath, must be
endorsed on the appointment. The appointment and oath shall be
deposited and recorded in the county clerk's office. A list of the
appointments shall be posted in a conspicuous place in that office.
(b-1) A person reappointed as a deputy may continue to
perform the duties of office before retaking the official oath. The
deputy must retake the oath as soon as possible after being
reappointed.
SECTION 2. Section 85.004, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (c-2) to
read as follows:
(c) Except as provided by Subsection (c-1) or (c-2), a
reserve deputy, before beginning to perform the duties of office
and at the time of appointment, must file an oath and execute and
file a bond in the amount of $2,000 payable to the sheriff. The
oath and bond shall be filed with the county clerk.
(c-2) A person reappointed as a reserve deputy may continue
to perform the duties of office before retaking the official oath.
The reserve deputy must retake the oath as soon as possible after
being reappointed.
SECTION 3. Section 86.011(b), Local Government Code, is
amended to read as follows:
(b) Each deputy constable must qualify in the manner
provided for deputy sheriffs under Section 85.003.
SECTION 4. Section 86.012, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (c-2) to
read as follows:
(c) Except as provided by Subsection (c-1), a reserve deputy
constable must take the official oath and must execute a bond in the
amount of $2,000, payable to the constable. The oath and bond must
be filed with the county clerk of the county in which the
appointment is made. Except as provided by Subsection (c-2), the
[The] oath and bond must be given before the reserve deputy
constable's entry on duty and simultaneously with the officer's
appointment.
(c-2) A person reappointed as a reserve deputy constable may
continue to perform the duties of office before retaking the
official oath. The reserve deputy constable must retake the oath as
soon as possible after being reappointed.
SECTION 5. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1049 was passed by the House on April
14, 2021, by the following vote: Yeas 145, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1049 was passed by the Senate on May
19, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor