Texas 2017 - 85th Regular

Texas House Bill HB1094 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2598 PAM-F
2	2	By: Alvarado H.B. No. 1094
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sheriff's department civil service system in
8	8	certain counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 158.034(a), (b), and (c), Local
11	11	Government Code, are amended to read as follows:
12	12	(a) In a county with a population of less than 3.3 [2.8]
13	13	million, if a majority of the employees voting at the election
14	14	approve the creation of a sheriff's department civil service
15	15	system, the sheriff, commissioners court, and district attorney
16	16	shall each appoint one person to serve as a member of the civil
17	17	service commission that administers the system. In a county with a
18	18	population of 3.3 [2.8] million or more, if a majority of the
19	19	employees voting at the election approve the creation of a
20	20	sheriff's department civil service system, the sheriff,
21	21	commissioners court, and district attorney shall each appoint three
22	22	[two] persons to serve as members of the civil service commission
23	23	that administers the system, and the three appointing authorities
24	24	shall appoint two members [one member] by joint action requiring
25	25	the affirmative vote of each of the authorities.
26	26	(b) In a county with a population of less than 3.3 million,
27	27	the [The] sheriff shall designate one of the members as chairman of
28	28	the commission. In a county with a population of 3.3 million or
29	29	more, the sheriff shall designate one of the members as chairman and
30	30	one of the members as vice chairman of the commission.
31	31	(c) Each member of the commission is appointed for a term of
32	32	two years. However, the initial members of the commission in a
33	33	county with a population of less than 3.3 [2.8] million shall
34	34	determine by lot which two of them will serve a term of two years and
35	35	which one of them will serve a term of one year. In a county with a
36	36	population of 3.3 [2.8] million or more:
37	37	(1) the initial members [member] appointed jointly
38	38	under Subsection (a) serve [serves] a term of two years; and
39	39	(2) the initial members appointed by each individual
40	40	appointing authority shall determine by lot which one of the three
41	41	[two] initial members appointed by the appointing authority will
42	42	serve a term of two years and which two of the three initial members
43	43	[member] appointed by that authority will serve a term of one year.
44	44	SECTION 2. Section 158.035(c), Local Government Code, is
45	45	amended to read as follows:
46	46	(c) In a county with a population of 3.3 [2.8] million or
47	47	more, a panel of three commissioners shall preside at the hearing
48	48	and vote on the commission's final decision in any case involving
49	49	termination, demotion, or recovery of back pay. A panel's decision
50	50	is the final decision of the commission for purposes of Sections
51	51	158.0351 and 158.037. The commission shall adopt rules prescribing
52	52	the commission's procedures for assigning members to a panel. A
53	53	panel may not include more than one member who was appointed to the
54	54	commission by the same individual appointing authority.
55	55	SECTION 3. Section 158.0351(a), Local Government Code, is
56	56	amended to read as follows:
57	57	(a) This section applies only to a county with a population
58	58	of 3.3 [2.8] million or more.
59	59	SECTION 4. Sections 158.038(b) and (c), Local Government
60	60	Code, are amended to read as follows:
61	61	(b) The sheriff of a county with a population of less than
62	62	3.3 million [or less] may designate as exempt from the civil service
63	63	system:
64	64	(1) the position of chief deputy;
65	65	(2) four positions of major deputy;
66	66	(3) one or more positions in the office of
67	67	departmental legal counsel; and
68	68	(4) additional positions in the department; provided,
69	69	however, that the sheriff may not designate as exempt a total of
70	70	more than 10 positions.
71	71	(c) The sheriff of a county with a population of [more than]
72	72	3.3 million or more may designate as exempt from the civil service
73	73	system:
74	74	(1) the position of chief deputy;
75	75	(2) one or more positions in the office of
76	76	departmental legal counsel; and
77	77	(3) additional positions in the department, not to
78	78	exceed 25 in number, that have been determined by the civil service
79	79	commission to be administrative or supervisory positions;
80	80	provided, however, that the sheriff may not designate as exempt any
81	81	position in the deputy classifications of captain or below. The
82	82	designation of any such additional exempt position by the sheriff
83	83	shall not diminish the number of positions within the deputy
84	84	classifications of captain or below.
85	85	SECTION 5. (a) The appointing authorities described by
86	86	Section 158.034(a), Local Government Code, as amended by this Act,
87	87	in a county with a population of 3.3 million or more that has
88	88	created a sheriff's department civil service system before the
89	89	effective date of this Act shall appoint additional members to
90	90	serve as members of the sheriff's department civil service
91	91	commission as provided by Section 158.034(a), Local Government
92	92	Code, as amended by this Act. The term of the initial additional
93	93	member appointed jointly by the appointing authorities under this
94	94	section serves a term of two years. Each initial additional member
95	95	appointed by each appointing authority under this section shall
96	96	draw lots for the appropriate number of one-year and two-year terms
97	97	as needed to establish staggered terms as required by Section
98	98	158.034(c), Local Government Code, as amended by this Act.
99	99	(b) After the appointments have been made as provided by
100	100	Subsection (a) of this section, the sheriff in a county with a
101	101	population of 3.3 million or more that has created a sheriff's
102	102	department civil service system before the effective date of this
103	103	Act shall designate one of the members of the sheriff's department
104	104	civil service commission as vice chairman of the commission as
105	105	provided by Section 158.034(b), Local Government Code, as amended
106	106	by this Act.
107	107	SECTION 6. This Act takes effect September 1, 2017.