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