| 1 | 1 | | 81R13397 KSD-D |
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| 2 | 2 | | By: Madden H.B. No. 3906 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the number of persons who may be appointed to the |
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| 8 | 8 | | classification immediately below department head in a police |
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| 9 | 9 | | department covered by municipal civil service. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 143.014(c), Local Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (c) In a police department in a municipality having fewer |
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| 14 | 14 | | than 300 police officers, the department head may appoint not more |
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| 15 | 15 | | than one person to the classification immediately below that of the |
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| 16 | 16 | | department head. If a municipality has 300 to 600 police officers, |
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| 17 | 17 | | the department head may appoint two persons to the classification. |
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| 18 | 18 | | If a municipality has more than 600 police officers, the department |
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| 19 | 19 | | head may appoint three persons to the classification [, the total |
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| 20 | 20 | | number of persons appointed to the classification immediately below |
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| 21 | 21 | | that of department head may not exceed the total number of persons, |
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| 22 | 22 | | plus one, serving in that classification on January 1, 1983]. In a |
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| 23 | 23 | | fire department in a municipality having fewer than 300 certified |
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| 24 | 24 | | fire fighters, the department head may appoint not more than one |
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| 25 | 25 | | person to the classification immediately below that of department |
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| 26 | 26 | | head. If a municipality has 300 to 600 certified fire fighters, the |
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| 27 | 27 | | department head may appoint two persons to the classification. If a |
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| 28 | 28 | | municipality has more than 600 certified fire fighters, the |
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| 29 | 29 | | department head may appoint three persons to the classification. |
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| 30 | 30 | | This subsection does not apply to a municipality that has adopted |
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| 31 | 31 | | Chapter 174 [The Fire and Police Employee Relations Act (Article |
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| 32 | 32 | | 5154c-1, Vernon's Texas Civil Statutes)] unless the municipality |
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| 33 | 33 | | specifically adopts the appointment procedure prescribed by this |
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| 34 | 34 | | subsection through the collective bargaining process. |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2009. |
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