TEE ATTORNEY GENERAL 

OF TEXAS 

March 21, 1990 

Honorable Ashley Smith 

Chairman 

Opinion NO. JM-1149 

Financial Institutions Committee Re: Certification reguireTexas House of Representatives ments for a constable who 

P. 0: BOX 2910 has previously held the 

Austin, Texas 78769 office (RQ-1889) 

Dear Representative Smith: 

you ask whether a person who held the office of 

constable from January 1, 1981, through December 31, 1984, 

and thereafter from January 1, 1989, to present is required 

to meet the requirements for licensing or certification by 

the Commissjon on Law Enforcement Officer Standards and 

Education under chapter 415 of the Government Code. 

- 

Section 415.010 of the Government. Code provides that 

the Commission on Law Enforcement Officer Standards and 

Education may: 

(1) adopt rules for the administration 

of this chapter . . . . 

(10) establish minimum standards relating 

to competence and reliability, including 

educational, training, physical, mental, and 

moral standards, for licensing as an officer, 

county jailer, or public security officer. 

Section 415.015 of the Government Code provides in 

pertinent part: 

(c) This chanter does not affect a c o- n

Stable or other officer or countv iailer 

# 

+ 

and does not affect a 

. (Emphasis added.) 

The commission promulgated rule 211.82, 12 Tex. Reg. 

4851 (1987), providing: 

p. 6066 
Honorable Ashley Smith - Page 2 (JM-1149) 

, 

(i) The commission shall issue a permanent peace officer license to any peace 

officer, elected or appointed under the Texas 

Constitution after September 1, 1985, if that 

officer meets all the minimum standards for 

peace officer licensing, including the 

training and testing requirements. Such 

license shall be subject to revocat.ion as any 

other peace officer license issued by the 

commission. u subsection su not annly 

ti: 

(1) a sheriff: or 

(2) a constu or any other constitutional peace officer Who first assumed 

office before Seotember 1. 1985. even if 

re-ele&sd after that date unless there 

J 

then re-elected after that date to that or 

wt er off&e as a constitutional veace 

&. (Emphasis added.) 

The courts will give weight to an agency#s interpretation of a statute, but will not respect an agency's .interpretation contrary to the clear meaning of an unambiguous 

statute. 2 Tex. Jur. 3d, Administrative Law 5 7. 

We do not believe that rule 211.82 is contrary to the 

meaning of section 415.015. The exemption to training and 

educational requirements afforded a constable elected before 

September 1, 1985, appears to be a provision commonly referred to as the "grandfather" clause. We find the interpretation given section 415.015 by the commission in rule 

211.82 to be consistent with the construction the courts 

have given the '0grandfather00 clause. The Supreme Court of 

Arizona in State Pd. of Disuensina ODtiCianS v. c a, 380 

P.2d 784 (1963), in addressing the meaning of the "grandfatherw clause stated: 

'Grandfather' clauses are generally found 

where occupations not formerly regulated by 

statute are brought under legislative control. They permit those who have been in 

continuous practice in the particular occupation for a prescribed period immediately 

preceding the effective date of the act to 

receive a license. 

p. 6067 
Honorable Ashley Smith - Page 3 (JR-1149) 

P 

Under your scenario there was a break in the constable's service from December 31, 1984, to January 1, 1989. 

Therefore, the constable had not been in continuous service 

in that office immediately preceding September 1, 1985. We 

conclude that the constable in question does not come within 

the ex.ception to the officer licensin requirements provided 

in subsection (c) of section 415.015. 9 

A constable whose tenure of office ceased 

on December 31, 1984, and did not resume 

until January 1, 1989, is required to meet 

the requirements for licensing by the Commission on Law Enforcement Officer Standards and 

Education. 

JIM MATTOX 

Attorney General of Texas 

WARYKELLER. 

First Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RENEA HICKS 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

1. Section 415.053 of the Government Code allows an 

officer elected under the Texas Constitution two years after 

the officer takes office to complete the commission's 

P licensing requirements. 

P. 6068