85R2598 PAM-F
By: Alvarado H.B. No. 1094
A BILL TO BE ENTITLED
AN ACT
relating to the sheriff's department civil service system in
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 158.034(a), (b), and (c), Local
Government Code, are amended to read as follows:
(a) In a county with a population of less than 3.3 [2.8]
million, if a majority of the employees voting at the election
approve the creation of a sheriff's department civil service
system, the sheriff, commissioners court, and district attorney
shall each appoint one person to serve as a member of the civil
service commission that administers the system. In a county with a
population of 3.3 [2.8] million or more, if a majority of the
employees voting at the election approve the creation of a
sheriff's department civil service system, the sheriff,
commissioners court, and district attorney shall each appoint three
[two] persons to serve as members of the civil service commission
that administers the system, and the three appointing authorities
shall appoint two members [one member] by joint action requiring
the affirmative vote of each of the authorities.
(b) In a county with a population of less than 3.3 million,
the [The] sheriff shall designate one of the members as chairman of
the commission. In a county with a population of 3.3 million or
more, the sheriff shall designate one of the members as chairman and
one of the members as vice chairman of the commission.
(c) Each member of the commission is appointed for a term of
two years. However, the initial members of the commission in a
county with a population of less than 3.3 [2.8] million shall
determine by lot which two of them will serve a term of two years and
which one of them will serve a term of one year. In a county with a
population of 3.3 [2.8] million or more:
(1) the initial members [member] appointed jointly
under Subsection (a) serve [serves] a term of two years; and
(2) the initial members appointed by each individual
appointing authority shall determine by lot which one of the three
[two] initial members appointed by the appointing authority will
serve a term of two years and which two of the three initial members
[member] appointed by that authority will serve a term of one year.
SECTION 2. Section 158.035(c), Local Government Code, is
amended to read as follows:
(c) In a county with a population of 3.3 [2.8] million or
more, a panel of three commissioners shall preside at the hearing
and vote on the commission's final decision in any case involving
termination, demotion, or recovery of back pay. A panel's decision
is the final decision of the commission for purposes of Sections
158.0351 and 158.037. The commission shall adopt rules prescribing
the commission's procedures for assigning members to a panel. A
panel may not include more than one member who was appointed to the
commission by the same individual appointing authority.
SECTION 3. Section 158.0351(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a county with a population
of 3.3 [2.8] million or more.
SECTION 4. Sections 158.038(b) and (c), Local Government
Code, are amended to read as follows:
(b) The sheriff of a county with a population of less than
3.3 million [or less] may designate as exempt from the civil service
system:
(1) the position of chief deputy;
(2) four positions of major deputy;
(3) one or more positions in the office of
departmental legal counsel; and
(4) additional positions in the department; provided,
however, that the sheriff may not designate as exempt a total of
more than 10 positions.
(c) The sheriff of a county with a population of [more than]
3.3 million or more may designate as exempt from the civil service
system:
(1) the position of chief deputy;
(2) one or more positions in the office of
departmental legal counsel; and
(3) additional positions in the department, not to
exceed 25 in number, that have been determined by the civil service
commission to be administrative or supervisory positions;
provided, however, that the sheriff may not designate as exempt any
position in the deputy classifications of captain or below. The
designation of any such additional exempt position by the sheriff
shall not diminish the number of positions within the deputy
classifications of captain or below.
SECTION 5. (a) The appointing authorities described by
Section 158.034(a), Local Government Code, as amended by this Act,
in a county with a population of 3.3 million or more that has
created a sheriff's department civil service system before the
effective date of this Act shall appoint additional members to
serve as members of the sheriff's department civil service
commission as provided by Section 158.034(a), Local Government
Code, as amended by this Act. The term of the initial additional
member appointed jointly by the appointing authorities under this
section serves a term of two years. Each initial additional member
appointed by each appointing authority under this section shall
draw lots for the appropriate number of one-year and two-year terms
as needed to establish staggered terms as required by Section
158.034(c), Local Government Code, as amended by this Act.
(b) After the appointments have been made as provided by
Subsection (a) of this section, the sheriff in a county with a
population of 3.3 million or more that has created a sheriff's
department civil service system before the effective date of this
Act shall designate one of the members of the sheriff's department
civil service commission as vice chairman of the commission as
provided by Section 158.034(b), Local Government Code, as amended
by this Act.
SECTION 6. This Act takes effect September 1, 2017.