Stevens v. State

• Decision Date: 15 December 2022
• Docket Number: 02-22-00247-CV
• Parties: Donald Wayne Stevens, Appellant v. The State of Texas, Appellee
• Court: Court of Appeals of Texas

Donald Wayne Stevens, Appellant
v.
The State of Texas, Appellee

No. 02-22-00247-CV

Court of Appeals of Texas, Second District, Fort Worth

December 15, 2022

On Appeal from the 97th District Court Archer County, Texas Trial Court No. 2021-0149A-CV.

Before Bassel, Womack, and Walker, JJ.

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OPINION

Brian Walker, Justice.

In this quo warranto proceeding, Appellant Donald Wayne Stevens appeals from the trial court's judgment ousting him from the office of constable in Archer County, Texas. In a single issue, Stevens argues that the trial court's judgment was based on an erroneous conclusion of law related to whether he provided evidence of a permanent peace officer license to the commissioners court as required by subsection 86.0021(b) of the Texas Local Government Code. See Tex. Loc. Gov't Code Ann. § 86.0021(b). We will reverse and render in Stevens's favor.

I. CONSTABLE QUALIFICATIONS AND REMOVAL

Section 86.0021 of the Texas Local Government Code outlines the eligibility requirements for holding the office of constable. Id. Among other possible qualifiers, a person is eligible to serve as constable if he is "an active or inactive licensed peace officer." Id. § 86.0021(a)(1)-(2). Further, "[o]n 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." Id. § 86.0021(b). A constable who fails to provide such evidence forfeits his office and is subject to removal in a quo warranto proceeding. Id.

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II. BACKGROUND

A. Factual Background

The material facts in this case are undisputed. Stevens was elected as constable in Archer County, Texas, and took office on January 1, 2021. He had previously served as a constable in Archer County from 2005-2008. When he took office in January 2021, Stevens held a permanent peace officer license that was originally issued to him in 2002 by the Texas Commission on Law Enforcement (TCOLE). However, his license had been on inactive status since 2013 because he had not satisfied TCOLE's continuing education requirements.^[1]

On February 8, 2021, Stevens provided two TCOLE documents to the Archer County Judge: a completed Appointment Application Form L-1 (L-1) and a copy of his then-current Personal Status Report (PSR).^[2] The L-1 was an application that

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TCOLE required from Stevens upon his election to office.^[3] On it, Stevens had written his TCOLE license number and other identifying information and had also acknowledged that he was a license holder with a more than 180-day break in service. The county judge signed the L-1, certifying that he was the chief administrative officer of Archer County and that the county "ha[d] on file and readily accessible to [TCOLE] the appropriate documents to show that [Stevens] meets the minimum standards for licensing and/or appointment." The PSR listed all of Stevens's peace officer service records, including the date that he originally obtained his peace officer license, the date that he entered into inactive status, and the dates during which he had served as constable. It also showed all of the peace officer positions that Stevens had held over the years, including a stint as an officer with the Archer County Sheriff's Department in 2002.

Stevens and the county judge also had multiple conversations regarding the qualification requirements for the office of constable. The county judge was aware that Stevens had been licensed in the past as a peace officer and also that Stevens's license was inactive when he took office in January 2021. Additionally, Stevens spoke with the Archer County sheriff and county attorney about the fact that his permanent

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license was inactive and his plans to reactivate it. And the county attorney had been in contact with TCOLE and the Texas Attorney General's office regarding the matter.

In Archer County, an item can typically be placed on the commissioners court agenda by presenting that item to the county judge, another member of the commissioners court, the county clerk, or the county treasurer.^[4] Stevens did not present the L-1 or PSR to any other county official, and he never attended a meeting of the commissioners court. He also never specifically requested the county judge- or any other county official-to present the documents at a commissioners court meeting.

Between October 2020 and November 2021, Stevens took steps to reactivate his license with TCOLE, which included completing the requisite continuing education courses and taking a reactivation exam. After delays brought on by the COVID-19 pandemic and Stevens's failing the exam on his first attempt, his license was eventually placed back into active status on November 15, 2021. Stevens immediately contacted the county judge and county attorney to inform them that his license had been reactivated.

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B. Procedural Background

On December 13, 2021, the State filed a suit in quo warranto seeking to remove Stevens from office for noncompliance with Local Government Code Subsection 86.0021(b). The State alleged that Stevens did not have a permanent license by September 29, 2021^[5]-the...