| 1 | 1 | | By: Shapiro S.B. No. 2156 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the number of persons who may be appointed to the |
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| 7 | 7 | | classification immediately below department head in a police |
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| 8 | 8 | | department covered by municipal civil service. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 143.014, Local Government Code, is |
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| 11 | 11 | | amended by amending Subsection (c) and adding Subsections (c-1) and |
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| 12 | 12 | | (c-2) to read as follows: |
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| 13 | 13 | | (c) In a police department, the total number of persons |
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| 14 | 14 | | appointed to the classification immediately below that of |
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| 15 | 15 | | department head may not exceed the greater of the total number of |
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| 16 | 16 | | persons[, plus one,] serving in that classification on January 1, |
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| 17 | 17 | | 2009; or |
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| 18 | 18 | | (1) one person, if the municipality has fewer than 300 |
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| 19 | 19 | | police officers; |
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| 20 | 20 | | (2) two persons, if the municipality has 300 to 600 |
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| 21 | 21 | | police officers; or |
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| 22 | 22 | | (3) three persons, if the municipality has more than |
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| 23 | 23 | | 600 police officers[on January 1, 1983]. |
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| 24 | 24 | | (c-1) In a fire department in a municipality having fewer |
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| 25 | 25 | | than 300 certified fire fighters, the department head may appoint |
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| 26 | 26 | | not more than one person to the classification immediately below |
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| 27 | 27 | | that of department head. If a municipality has 300 to 600 certified |
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| 28 | 28 | | fire fighters, the department head may appoint two persons to the |
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| 29 | 29 | | classification. If a municipality has more than 600 certified fire |
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| 30 | 30 | | fighters, the department head may appoint three persons to the |
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| 31 | 31 | | classification. |
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| 32 | 32 | | (c-2) Subsections (c) and (c-1) do [This subsection does] |
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| 33 | 33 | | not apply to a municipality that has adopted Chapter 174 [The Fire |
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| 34 | 34 | | and Police Employee Relations Act (Article 5154c 1, Vernon's Texas |
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| 35 | 35 | | Civil Statutes)] unless the municipality specifically adopts the |
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| 36 | 36 | | appointment procedure prescribed by Subsection (c) or (c-1), as |
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| 37 | 37 | | applicable, [this subsection] through the collective bargaining |
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| 38 | 38 | | process. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2009. |
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