| 1 | 1 | | 86R7707 MP-F |
|---|
| 2 | 2 | | By: Bohac H.B. No. 4337 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to positions designated as exempt from sheriff's |
|---|
| 8 | 8 | | department civil service systems in certain counties. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 158.038, Local Government Code, is |
|---|
| 11 | 11 | | amended by amending Subsections (b), (c), and (d) and adding |
|---|
| 12 | 12 | | Subsections (c-1) and (e) to read as follows: |
|---|
| 13 | 13 | | (b) The sheriff of a county with a population of [3.3 |
|---|
| 14 | 14 | | million or] less than 900,000 may designate as exempt from the civil |
|---|
| 15 | 15 | | service system: |
|---|
| 16 | 16 | | (1) the position of chief deputy; |
|---|
| 17 | 17 | | (2) four positions of major deputy; |
|---|
| 18 | 18 | | (3) one or more positions in the office of |
|---|
| 19 | 19 | | departmental legal counsel; and |
|---|
| 20 | 20 | | (4) additional positions in the department; provided, |
|---|
| 21 | 21 | | however, that the sheriff may not designate as exempt a total of |
|---|
| 22 | 22 | | more than 12 [10] positions. |
|---|
| 23 | 23 | | (c) The sheriff of a county with a population of 900,000 or |
|---|
| 24 | 24 | | more [than 3.3 million] may designate as exempt from the civil |
|---|
| 25 | 25 | | service system: |
|---|
| 26 | 26 | | (1) the position of chief deputy; |
|---|
| 27 | 27 | | (2) one or more positions in the office of |
|---|
| 28 | 28 | | departmental legal counsel; and |
|---|
| 29 | 29 | | (3) additional positions in the department[, not to |
|---|
| 30 | 30 | | exceed 25 in number,] that have been: |
|---|
| 31 | 31 | | (A) determined by the civil service commission to |
|---|
| 32 | 32 | | be administrative or supervisory positions; or |
|---|
| 33 | 33 | | (B) designated by the sheriff as a specialist |
|---|
| 34 | 34 | | position[; provided, however, that the sheriff may not designate as |
|---|
| 35 | 35 | | exempt any position in the deputy classifications of captain or |
|---|
| 36 | 36 | | below. The designation of any such additional exempt position by |
|---|
| 37 | 37 | | the sheriff shall not diminish the number of positions within the |
|---|
| 38 | 38 | | deputy classifications of captain or below]. |
|---|
| 39 | 39 | | (c-1) For exemptions under Subsection (c)(3): |
|---|
| 40 | 40 | | (1) the number of exemptions may not exceed: |
|---|
| 41 | 41 | | (A) 15 in a county with a population of 900,000 or |
|---|
| 42 | 42 | | more but less than 1.5 million; |
|---|
| 43 | 43 | | (B) 18 in a county with a population of 1.5 |
|---|
| 44 | 44 | | million or more but less than 2 million; |
|---|
| 45 | 45 | | (C) 20 in a county with a population of 2 million |
|---|
| 46 | 46 | | or more but less than 2.5 million; |
|---|
| 47 | 47 | | (D) 25 in a county with a population of 2.5 |
|---|
| 48 | 48 | | million or more but less than 3 million; and |
|---|
| 49 | 49 | | (E) 30 in a county with a population of 3 million |
|---|
| 50 | 50 | | or more; |
|---|
| 51 | 51 | | (2) the sheriff may not designate as exempt: |
|---|
| 52 | 52 | | (A) a position in the deputy classifications of |
|---|
| 53 | 53 | | captain or below in a county with a population of 3 million or more; |
|---|
| 54 | 54 | | or |
|---|
| 55 | 55 | | (B) a position in the deputy classifications of |
|---|
| 56 | 56 | | lieutenant or below in a county with a population of less than 3 |
|---|
| 57 | 57 | | million; and |
|---|
| 58 | 58 | | (3) the designation of exempt positions may not reduce |
|---|
| 59 | 59 | | the number of positions within the deputy classifications: |
|---|
| 60 | 60 | | (A) of captain or below in a county with a |
|---|
| 61 | 61 | | population of 3 million or more; or |
|---|
| 62 | 62 | | (B) of sergeant or below in a county with a |
|---|
| 63 | 63 | | population of less than 3 million. |
|---|
| 64 | 64 | | (d) At the time a new sheriff takes office, an employee |
|---|
| 65 | 65 | | holding an exempt position may be transferred to the nonexempt |
|---|
| 66 | 66 | | position held by the employee immediately before being promoted to |
|---|
| 67 | 67 | | an exempt position. A person who was not an officer in the |
|---|
| 68 | 68 | | department when appointed to an exempt position may be transferred |
|---|
| 69 | 69 | | only to an entry level position within the pay grade of that exempt |
|---|
| 70 | 70 | | position in accordance with the system's civil service rules. |
|---|
| 71 | 71 | | (e) Not later than the 90th day after the date a sheriff |
|---|
| 72 | 72 | | designates a position as exempt under this section, an employee may |
|---|
| 73 | 73 | | request a transfer to the nonexempt position held by the employee |
|---|
| 74 | 74 | | before the employee's last promotion. |
|---|
| 75 | 75 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 79 | 79 | | Act takes effect September 1, 2019. |
|---|