Texas 2023 88th Regular

Texas House Bill HB1661 Analysis / Analysis

Filed 04/19/2023

                    BILL ANALYSIS             H.B. 1661     By: Burns     Urban Affairs     Committee Report (Unamended)             BACKGROUND AND PURPOSE    State law currently prohibits a person who is 45 years of age or older from being certified for a beginning position in a municipal police department. This prohibition applies regardless of whether the candidate is physically and mentally fit for the job. The Cleburne Police Department has reported that this prohibition is a key contributor for staffing shortages experienced by the department. H.B. 1661 seeks to resolve this issue by allowing police departments to accept recruits who can satisfy all applicable hiring criteria, regardless of their age.        CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 1661 repeals the prohibition against a person who is 45 years of age or older being certified for a beginning position in a police department under municipal civil service. The bill amends the Local Government Code to make conforming changes and specifies that conforming changes made relating to the civil service status and pension benefits for certain police officers do not affect the status or benefits eligibility of a police officer to whom the amended law applied immediately before the bill's effective date.   H.B. 1661 repeals Section 143.023(c), Local Government Code.       EFFECTIVE DATE    September 1, 2023.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 1661
By: Burns
Urban Affairs
Committee Report (Unamended)

H.B. 1661

By: Burns

Urban Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    State law currently prohibits a person who is 45 years of age or older from being certified for a beginning position in a municipal police department. This prohibition applies regardless of whether the candidate is physically and mentally fit for the job. The Cleburne Police Department has reported that this prohibition is a key contributor for staffing shortages experienced by the department. H.B. 1661 seeks to resolve this issue by allowing police departments to accept recruits who can satisfy all applicable hiring criteria, regardless of their age.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 1661 repeals the prohibition against a person who is 45 years of age or older being certified for a beginning position in a police department under municipal civil service. The bill amends the Local Government Code to make conforming changes and specifies that conforming changes made relating to the civil service status and pension benefits for certain police officers do not affect the status or benefits eligibility of a police officer to whom the amended law applied immediately before the bill's effective date.   H.B. 1661 repeals Section 143.023(c), Local Government Code.
EFFECTIVE DATE    September 1, 2023.

BACKGROUND AND PURPOSE 

 

State law currently prohibits a person who is 45 years of age or older from being certified for a beginning position in a municipal police department. This prohibition applies regardless of whether the candidate is physically and mentally fit for the job. The Cleburne Police Department has reported that this prohibition is a key contributor for staffing shortages experienced by the department. H.B. 1661 seeks to resolve this issue by allowing police departments to accept recruits who can satisfy all applicable hiring criteria, regardless of their age. 

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 1661 repeals the prohibition against a person who is 45 years of age or older being certified for a beginning position in a police department under municipal civil service. The bill amends the Local Government Code to make conforming changes and specifies that conforming changes made relating to the civil service status and pension benefits for certain police officers do not affect the status or benefits eligibility of a police officer to whom the amended law applied immediately before the bill's effective date.

 

H.B. 1661 repeals Section 143.023(c), Local Government Code.

 

EFFECTIVE DATE 

 

September 1, 2023.