H.B. No. 3394 amends Section 86.011 of the Local Government Code regarding the appointment of deputy constables in Texas. The bill establishes that the appointment of a deputy constable must be in writing, replacing the previous requirement for constables to apply to the commissioners court and demonstrate the necessity of the appointment. Additionally, the bill introduces new provisions that require a person appointed as a deputy to take and subscribe to an official oath before performing their duties, with the appointment and oath to be recorded in the county clerk's office. It also allows reappointed deputies to continue their duties without retaking the oath immediately, provided they do so as soon as possible after reappointment.
Furthermore, the bill clarifies that a deputy serves at the pleasure of the constable, who may revoke the appointment if the deputy is indicted for a felony. The constable remains responsible for the official acts of each deputy and may require them to post a bond or security. The bill also specifies that serving as a deputy without proper appointment constitutes an offense, punishable by a fine ranging from $50 to $1,000. The act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if such a vote is not achieved.
Statutes affected: Introduced: ()