Texas 2009 - 81st Regular

Texas House Bill HB3905 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5855 JSC-D
2	2	By: England H.B. No. 3905
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the hiring of applicants for a beginning position in the
8	8	fire department or police department in certain municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 143.025(a), (b), (c), (h), and (j),
11	11	Local Government Code, are amended to read as follows:
12	12	(a) The commission shall provide for open, competitive, and
13	13	free entrance examinations to add applicants to the applicable
14	14	[provide] eligibility list [lists] for a beginning position
15	15	[positions] in the fire or [and] police department [departments].
16	16	The examinations are open to each person who makes a proper
17	17	application and meets the requirements prescribed by this chapter.
18	18	(b) The [An] eligibility list for a beginning position in
19	19	the fire or police department may be created only as a result of a
20	20	competitive examination [held in the presence of each applicant for
21	21	the position, except as provided by Subsections (d) and (e)]. The
22	22	examination must be based on the person's general knowledge and
23	23	aptitude and must inquire into the applicant's general education
24	24	and mental ability. A person may not be appointed to the fire or
25	25	police department except as a result of the examination.
26	26	(c) The commission shall adopt rules to standardize the
27	27	procedures for entrance examinations. The rules must provide:
28	28	(1) procedures for administering the exam:
29	29	(A) in the department; or
30	30	(B) at a professional testing site in this state
31	31	or in another state; and
32	32	(2) security protocols to prevent an unfair advantage
33	33	to any applicant. [An applicant may not take an examination unless
34	34	at least one other applicant taking the examination is present.]
35	35	(h) The commission shall keep each applicant who passes the
36	36	examination on the eligibility list for a beginning position in the
37	37	fire department or on the eligibility list for a beginning position
38	38	in the police department, as applicable, [in effect] for a period of
39	39	not less than six months or more than 12 months, unless the
40	40	applicant is appointed to a beginning position in [names of all
41	41	applicants on the list have been referred to] the appropriate
42	42	department. The commission shall determine the length of the
43	43	period. The commission shall give new examinations at times the
44	44	commission considers necessary to provide required staffing for
45	45	scheduled fire or police training academies.
46	46	(j) Notwithstanding Subsection (i), each applicant who is
47	47	either a natural-born or adopted child of a fire fighter who
48	48	previously suffered a line-of-duty death while covered by this
49	49	chapter shall be ranked at the top of the [any] eligibility list if
50	50	the [in which said] applicant receives a minimum passing grade on
51	51	the [that respective] eligibility exam. The deceased fire
52	52	fighter's applicant child must otherwise satisfy all of the
53	53	requirements for eligibility for a beginning position in a fire
54	54	department contained in this chapter. The [This] commission shall
55	55	promulgate rules to identify and verify each applicant's
56	56	eligibility for applicability of this subsection.
57	57	SECTION 2. Section 143.026, Local Government Code, is
58	58	amended to read as follows:
59	59	Sec. 143.026. PROCEDURE FOR FILLING BEGINNING POSITIONS.
60	60	(a) When a vacancy occurs in a beginning position in a fire or
61	61	police department, [the department head shall request in writing
62	62	from the commission the names of suitable persons from the
63	63	eligibility list. The director shall certify to the municipality's
64	64	chief executive the names of the three persons having the highest
65	65	grades on the eligibility list.
66	66	[(b) From the three names certified,] the municipality's
67	67	chief executive shall appoint the person having the highest grade
68	68	on the entrance examination unless there is a valid reason not to
69	69	[why the person having the second or third highest grade should be
70	70	appointed].
71	71	(b) [(c)] If the chief executive does not appoint the person
72	72	having the highest grade, the chief executive shall clearly set
73	73	forth in writing the good and sufficient reason why the person or
74	74	persons having a higher [the highest] grade than the person
75	75	appointed were [was] not appointed.
76	76	(c) [(d)] The reason required by Subsection (b) [(c)] shall
77	77	be filed with the commission and a copy provided to any [the] person
78	78	having a higher [the highest] grade than the person appointed. [If
79	79	the chief executive appoints the person having the third highest
80	80	grade, a copy of the report shall also be furnished to the person
81	81	having the second highest grade.]
82	82	SECTION 3. The heading to Section 143.083, Local Government
83	83	Code, is amended to read as follows:
84	84	Sec. 143.083. EMERGENCY APPOINTMENT OF TEMPORARY FIRE
85	85	FIGHTERS [AND POLICE OFFICERS].
86	86	SECTION 4. Section 143.083(a), Local Government Code, is
87	87	amended to read as follows:
88	88	(a) If a municipality is unable to recruit qualified fire
89	89	fighters [or police officers] because of the maximum age limit
90	90	prescribed by Section 143.023 and the municipality's governing body
91	91	finds that this inability creates an emergency, the commission
92	92	shall recommend to the governing body additional rules governing
93	93	the temporary employment of persons who are 36 years of age or
94	94	older.
95	95	SECTION 5. Sections 143.023(c), 143.024(b), and
96	96	143.025(d), (e), and (g), Local Government Code, are repealed.
97	97	SECTION 6. (a) The changes in law made by this Act to
98	98	Section 143.025, Local Government Code, apply to an entrance
99	99	examination administered on or after the effective date of this
100	100	Act. An entrance examination administered before the effective
101	101	date of this Act is governed by the law in effect on the date that
102	102	examination was administered with respect to the procedures for
103	103	taking the examination, and the former law is continued in effect
104	104	for that purpose. However, the changes in law made by this Act
105	105	regarding the creation of a continuous eligibility list for a
106	106	beginning position in a fire or police department apply on the
107	107	effective date of this Act in relation to an examination given
108	108	before, on, or after the effective date of this Act.
109	109	(b) The change in law made by this Act to Section 143.026,
110	110	Local Government Code, applies only to an appointment made on or
111	111	after the effective date of this Act. An appointment made before
112	112	the effective date of this Act is governed by the law in effect on
113	113	the date the appointment was made, and the former law is continued
114	114	in effect for that purpose.
115	115	SECTION 7. This Act takes effect September 1, 2009.