By: Shapiro S.B. No. 2156
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, Local Government Code, is
amended by amending Subsection (c) and adding Subsections (c-1) and
(c-2) to read as follows:
(c) In a police department, the total number of persons
appointed to the classification immediately below that of
department head may not exceed the greater of the total number of
persons[, plus one,] serving in that classification on January 1,
2009; or
(1) one person, if the municipality has fewer than 300
police officers;
(2) two persons, if the municipality has 300 to 600
police officers; or
(3) three persons, if the municipality has more than
600 police officers[on January 1, 1983].
(c-1) 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.
(c-2) Subsections (c) and (c-1) do [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 Subsection (c) or (c-1), as
applicable, [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.