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