| 1 | 1 | | S.B. No. 376 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the powers and duties of the Texas Department of |
|---|
| 6 | 6 | | Transportation related to county traffic officers. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 701.006, Transportation Code, is amended |
|---|
| 9 | 9 | | to read as follows: |
|---|
| 10 | 10 | | Sec. 701.006. [COMPLAINT; HEARING;] DISMISSAL. [(a) If |
|---|
| 11 | 11 | | a county traffic officer fails to perform the officer's duty to |
|---|
| 12 | 12 | | enforce the law, the district engineer of the Texas Department of |
|---|
| 13 | 13 | | Transportation district in which the officer operates may send a |
|---|
| 14 | 14 | | written, signed complaint to the commissioners court. |
|---|
| 15 | 15 | | [(b) On receipt of the complaint, the commissioners court |
|---|
| 16 | 16 | | shall hold a hearing and summon the officer to appear before it. |
|---|
| 17 | 17 | | [(c) If the commissioners court determines at the hearing |
|---|
| 18 | 18 | | that the officer has not performed the officer's duty, the |
|---|
| 19 | 19 | | commissioners court shall immediately discharge the officer and |
|---|
| 20 | 20 | | promptly employ another officer. |
|---|
| 21 | 21 | | [(d)] The commissioners court on its own initiative, or on |
|---|
| 22 | 22 | | recommendation of the sheriff, may dismiss a county traffic officer |
|---|
| 23 | 23 | | if the officer is no longer needed or if the officer's service is |
|---|
| 24 | 24 | | unsatisfactory. |
|---|
| 25 | 25 | | SECTION 2. Subsection (b), Section 701.002, Transportation |
|---|
| 26 | 26 | | Code, is repealed. |
|---|
| 27 | 27 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 31 | 31 | | Act takes effect September 1, 2009. |
|---|
| 32 | 32 | | ______________________________ ______________________________ |
|---|
| 33 | 33 | | President of the Senate Speaker of the House |
|---|
| 34 | 34 | | I hereby certify that S.B. No. 376 passed the Senate on |
|---|
| 35 | 35 | | March 19, 2009, by the following vote: Yeas 31, Nays 0. |
|---|
| 36 | 36 | | ______________________________ |
|---|
| 37 | 37 | | Secretary of the Senate |
|---|
| 38 | 38 | | I hereby certify that S.B. No. 376 passed the House on |
|---|
| 39 | 39 | | May 25, 2009, by the following vote: Yeas 144, Nays 0, one |
|---|
| 40 | 40 | | present not voting. |
|---|
| 41 | 41 | | ______________________________ |
|---|
| 42 | 42 | | Chief Clerk of the House |
|---|
| 43 | 43 | | Approved: |
|---|
| 44 | 44 | | ______________________________ |
|---|
| 45 | 45 | | Date |
|---|
| 46 | 46 | | ______________________________ |
|---|
| 47 | 47 | | Governor |
|---|