Paxton, 010721 TXAGO, AGO RQ-0394-KP

• Case Date: January 07, 2021
• Court: Texas

Honorable Ken Paxton AGO RQ-0394-KP No. RQ-0394-KP Texas Attorney General Opinion January 7, 2021          Honorable Ken Paxton          Office of the Attorney General          Attention Opinion Committee          P.O. Box 12548          Austin, TX 78711-2548          Re: Request tor Opinion          Attorney General Paxton:          Mr. Raychaun Ballard was duly elected to the position of Constable, Precinct Two of Navarro County in the 2020 general election. As described below, Mr. Ballard is eligible to be licensed under Sections 1701.309 and 1701.312, Texas Occupations Code as required under Texas Local Government Code § 86.0021 (a)(1), however he is not eligible under Texas Local Government Code § 86.0021 (a)(1)(A), (B), (C), or § 86.0021(a)(2).          Further clarification is needed as to whether Mr. Ballard may nonetheless assume the office of Constable, Precinct Two of Navarro County and, on or before the 270^th day after taking office, provide to the commissioners court of Navarro County, evidence that he has been issued a permanent peace officer license under Chapter 1701, Texas Occupations Code as required by-Texas Local Government Code § 86.0021(b).          Mr. Raychaun Ballard is currently and has been a deputy sheriff of the Navarro County Sheriff's Department since November 10, 1996. In December 2019 the current Constable of Precinct Two in Navarro County, Mr. David Foreman filed for election to the office of Sheriff of Navarro County-as a Republican candidate and therefore did not file for reelection for his current position as constable. Mr. Charles Paul filed for and won the 2020 primary election to be the republican candidate for Constable, Precinct Two of Navarro County. Nobody filed for candidacy in the democratic party nor as an independent candidate. On April 16, 2020, after the primary election and prior to the general election. Mr. Charles Paul died. The Navarro County Republican Party selected Mr. Ballard to be the republican candidate in the general election and Mr. Ballard was the only candidate on the ballot for the position of...