Constable Bubba Curry’s Replacement Very misleadin…

Constable Bubba Curry’s Replacement
Very misleading article in today’s Waxahachie Daily Light. I’m a big fan of Jonathan Blundell, but today’s article – granted, he has editors – makes it appear that just anyone in the county can be appointed to fill the Precinct 4 constable’s seat.

However, here’s the rest of the story:

(special thanks to my co-publisher for digging this stuff up)

[Source: The Elis County Observer Research] 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. He has about 270 days – about nine months; he need not be licensed to be appointed or elected.

The WDL states the applicant must already be licensed. The article also states that anyone in Ellis County can be appointed. The research the Observer co-publisher has done indicates that the state constitution isn’t very clear, but it “alludes” to being within the precinct in order to serve as constable. There’s more to it though:

Art. 5, Section 18 of the Texas Constitution; It’s not explicitly stated in Section 18, but it is alluded to or suggested in subsection (c). A person who has served as the constable of a precinct for 10 or more consecutive years before a change is made in the boundaries of the precinct is not ineligible for reelection in the precinct because of residence outside the precinct if the constable’s residence is within the boundaries of the precinct as they existed before the change. that’s Section 86.001 of the Local Government Code; it hints at the requirement to live in the precinct, like Section 18, but, also like Section 18, does not specify the requirement.

I’m sure the county attorney’s office has a more thorough explanation for all of this. But I was under the impression that only candidates for United States Congress can actually – legally – serve in Congress without living in their district. With Curry’s case, the issue doesn’t rest with living outside of the precinct, but outside of the entire county. That’s an issue to be debated for another blog post.

Curry, according to The Ellis County Press a couple of weeks ago, is leaving to take a job in the Precinct 7 constable’s office (higher pay, bigger pension, etc.).

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