86R7707 MP-F
By: Bohac H.B. No. 4337
A BILL TO BE ENTITLED
AN ACT
relating to positions designated as exempt from sheriff's
department civil service systems in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 158.038, Local Government Code, is
amended by amending Subsections (b), (c), and (d) and adding
Subsections (c-1) and (e) to read as follows:
(b) The sheriff of a county with a population of [3.3
million or] less than 900,000 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 12 [10] positions.
(c) The sheriff of a county with a population of 900,000 or
more [than 3.3 million] 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:
(A) determined by the civil service commission to
be administrative or supervisory positions; or
(B) designated by the sheriff as a specialist
position[; 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].
(c-1) For exemptions under Subsection (c)(3):
(1) the number of exemptions may not exceed:
(A) 15 in a county with a population of 900,000 or
more but less than 1.5 million;
(B) 18 in a county with a population of 1.5
million or more but less than 2 million;
(C) 20 in a county with a population of 2 million
or more but less than 2.5 million;
(D) 25 in a county with a population of 2.5
million or more but less than 3 million; and
(E) 30 in a county with a population of 3 million
or more;
(2) the sheriff may not designate as exempt:
(A) a position in the deputy classifications of
captain or below in a county with a population of 3 million or more;
or
(B) a position in the deputy classifications of
lieutenant or below in a county with a population of less than 3
million; and
(3) the designation of exempt positions may not reduce
the number of positions within the deputy classifications:
(A) of captain or below in a county with a
population of 3 million or more; or
(B) of sergeant or below in a county with a
population of less than 3 million.
(d) At the time a new sheriff takes office, an employee
holding an exempt position may be transferred to the nonexempt
position held by the employee immediately before being promoted to
an exempt position. A person who was not an officer in the
department when appointed to an exempt position may be transferred
only to an entry level position within the pay grade of that exempt
position in accordance with the system's civil service rules.
(e) Not later than the 90th day after the date a sheriff
designates a position as exempt under this section, an employee may
request a transfer to the nonexempt position held by the employee
before the employee's last promotion.
SECTION 2. 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, 2019.