Tex. Loc. Gov't Code § 86.0021 · Subchapter A. GENERAL PROVISIONS
QUALIFICATIONS; REMOVAL.
Text — Current through the 89th 2nd Called Legislative Session, 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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LG/htm/LG.86.htm
- Text hash
- sha256 6f78b19311479db26f8c997ca3fd1b4cfb9bcb6c5ba5e439d0c0eb47753f18a4
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
Code of Criminal Procedure
Occupations Code
- Tex. Occ. Code ch. 1701LAW ENFORCEMENT OFFICERSPrinted as Chapter 1701, Occupations Code
- Tex. Occ. Code § 1701.302CERTAIN ELECTED LAW ENFORCEMENT OFFICERS; LICENSE REQUIRED.Printed as Section 1701.302, Occupations Code
- Tex. Occ. Code § 1701.309AGE REQUIREMENT.Printed as Sections 1701.309 and 1701.312, Occupations Code
- Tex. Occ. Code § 1701.312DISQUALIFICATION: FELONY CONVICTION OR PLACEMENT ON COMMUNITY SUPERVISION.Printed as Sections 1701.309 and 1701.312, Occupations Code
- Tex. Occ. Code § 1701.357WEAPONS PROFICIENCY FOR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS.Printed as Section 1701.357, Occupations Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.