S.B. No. 376 AN ACT relating to the powers and duties of the Texas Department of Transportation related to county traffic officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 701.006, Transportation Code, is amended to read as follows: Sec. 701.006. [COMPLAINT; HEARING;] DISMISSAL. [(a) If a county traffic officer fails to perform the officer's duty to enforce the law, the district engineer of the Texas Department of Transportation district in which the officer operates may send a written, signed complaint to the commissioners court. [(b) On receipt of the complaint, the commissioners court shall hold a hearing and summon the officer to appear before it. [(c) If the commissioners court determines at the hearing that the officer has not performed the officer's duty, the commissioners court shall immediately discharge the officer and promptly employ another officer. [(d)] The commissioners court on its own initiative, or on recommendation of the sheriff, may dismiss a county traffic officer if the officer is no longer needed or if the officer's service is unsatisfactory. SECTION 2. Subsection (b), Section 701.002, Transportation Code, is repealed. SECTION 3. 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. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 376 passed the Senate on March 19, 2009, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 376 passed the House on May 25, 2009, by the following vote: Yeas 144, Nays 0, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor