85R10633 JCG-F
By: Button H.B. No. 2037
A BILL TO BE ENTITLED
AN ACT
relating to the promotional system used in certain municipal civil
service fire departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 143.035, Local Government
Code, is amended to read as follows:
Sec. 143.035. ALTERNATE PROMOTIONAL SYSTEM [IN POLICE
DEPARTMENT].
SECTION 2. Section 143.035, Local Government Code, is
amended by amending Subsections (a), (b), (c), (d), (e), (f), (g),
and (i) to read as follows:
(a) This section 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)].
(b) The [On the recommendation of the head of the police
department and a majority vote of the sworn police officers in the
department, the] commission may adopt an alternate promotional
system as provided by this section for a police department or fire
department to select persons to occupy nonentry level positions
other than positions that are filled by appointment by the
department head of the police department or fire department, as
applicable, if:
(1) for the police department:
(A) the department head recommends adoption of
the alternate system; and
(B) the sworn police officers in the department
approve the adoption by a majority vote; or
(2) for the fire department:
(A) the department head recommends the adoption
of the alternate system; and
(B) the fire fighters in the department approve
the adoption by a majority vote. [The promotional system must
comply with the requirements prescribed by this section.]
(c) The commission shall order the director to conduct an
election [and] to submit the alternate [revised] promotional system
[either] to:
(1) all sworn police officers or all fire fighters, as
applicable, within the rank immediately below the classification
for which the promotional examination is to be administered; or
(2) [to] all sworn police officers in the police
department or all fire fighters in the fire department, as
applicable.
(d) The director shall hold the election on or after the
30th day after the date notice of the election is posted at the
applicable police or fire department. The election shall be
conducted throughout each regular work shift at an accessible
location within the applicable police or fire department during a
24-hour period.
(e) The ballot shall contain the specific amendment to the
promotional procedure. Each sworn police officer or each fire
fighter, as applicable, shall be given the opportunity to vote by
secret ballot "for" or "against" the amendment.
(f) The alternate [revised] promotional system must be
approved by a majority vote of the sworn police officers or the fire
fighters voting. A defeated promotional system amendment may not
be placed on a ballot for a vote by the sworn police officers or the
fire fighters, as applicable, for at least 12 months after the date
the prior election was held, but this provision does not apply if
the head of the police department or fire department, as
applicable, recommends a different proposal to the commission.
(g) The commission shall canvass the votes within 30 days
after the date the election is held. An appeal alleging election
irregularity must be filed with the commission within five working
days after the date the election closes. If approved by the sworn
police officers or the fire fighters, as applicable, the
promotional system amendment becomes effective after all election
disputes have been ruled on and the election votes have been
canvassed by the commission.
(i) At any time after an alternate promotional system has
been adopted under this section by a police department or fire
department and has been in effect for at least 180 days, a petition
signed by at least 35 percent of the sworn police officers or the
fire fighters, as applicable, may be submitted to the commission
asking that the alternate promotional system be reconsidered. If a
petition is submitted, the commission shall, within 60 days after
the date the petition is filed, hold an election as prescribed by
this section. If a majority of those voting vote to terminate, the
commission shall terminate the alternate promotional system.
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, 2017.