88R20612 SCL-F
By: Martinez H.B. No. 2925
Substitute the following for H.B. No. 2925:
By: Rosenthal C.S.H.B. No. 2925
A BILL TO BE ENTITLED
AN ACT
relating to applicability of the civil service system for municipal
firefighters and police officers and sheriff's departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.002(a), Local Government Code, is
amended to read as follows:
(a) This chapter applies only to a municipality[:
[(1)] that:
(1) [(A)] has a population of 10,000 or more; and
(2) [(B)] has a paid fire department or police
department[; and
[(C) has voted to adopt this chapter or the law
codified by this chapter; or
[(2) whose election to adopt this chapter and whose
acts subsequent to that election were validated by the law enacted
by House Bill 822, Acts of the 73rd Legislature, Regular Session,
1993].
SECTION 2. Section 143.005, Local Government Code, is
amended to read as follows:
Sec. 143.005. STATUS OF EMPLOYEES WHEN [IF] CHAPTER BECOMES
APPLICABLE [ADOPTED]. (a) Each fire fighter or police officer
[serving in a municipality that adopts this chapter and] who has
been in the service of a [the] municipality for more than six months
at the time this chapter first becomes applicable to the
municipality [is adopted] and who is entitled to civil service
classification has the status of a civil service employee and is not
required to take a competitive examination to remain in the
position the person occupies at the time this chapter first becomes
applicable to the municipality [of the adoption].
(b) An [In a municipality that adopts this chapter, an]
employee of the fire department whose primary duties are to provide
emergency medical services for the municipality is considered to be
a fire fighter who is a member of the fire department performing
fire medical emergency technology, entitled to civil service
protection, and covered by this chapter.
SECTION 3. Section 143.006(a), Local Government Code, is
amended to read as follows:
(a) The [On adoption of this chapter, the] Fire Fighters'
and Police Officers' Civil Service Commission is established in
each [the] municipality subject to this chapter. The chief
executive of the municipality shall appoint the members of the
commission within 60 days after the date this chapter first becomes
applicable to the municipality [is adopted]. Within 30 days after
the date the municipality's first full fiscal year begins after the
date this chapter first becomes applicable to the municipality [of
the adoption election], the governing body of the municipality
shall implement this chapter.
SECTION 4. Section 143.012(a), Local Government Code, is
amended to read as follows:
(a) The [On adoption of this chapter, the] office of
Director of Fire Fighters' and Police Officers' Civil Service is
established in each [the] municipality subject to this chapter.
The commission shall appoint the director. The director shall
serve as secretary to the commission and perform work incidental to
the civil service system as required by the commission. The
commission may remove the director at any time.
SECTION 5. Section 158.032, Local Government Code, is
amended to read as follows:
Sec. 158.032. APPLICABILITY OF SUBCHAPTER [ELIGIBLE
DEPARTMENTS]. A sheriff's department in a county with a population
of more than 250,000 shall adopt [500,000 may, in accordance with
this subchapter, create] a civil service system.
SECTION 6. Section 158.034(a), Local Government Code, is
amended to read as follows:
(a) In a county with a population of less than 2.8 million,
on the date this subchapter first becomes applicable to the
department [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 2.8 million or more, on the date this subchapter first
becomes applicable to the department [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 two
persons to serve as members of the civil service commission that
administers the system, and the three appointing authorities shall
appoint one member by joint action requiring the affirmative vote
of each of the authorities.
SECTION 7. The following provisions of the Local Government
Code are repealed:
(1) Section 143.002(c);
(2) Section 143.004;
(3) Section 158.033; and
(4) Section 158.039.
SECTION 8. (a) On the effective date of this Act, Chapters
143 and 158, Local Government Code, as amended by this Act, first
become applicable for purposes of the changes in law made by this
Act to a municipality that is subject to Chapter 143, Local
Government Code, as amended by this Act, and a county that is
subject to Chapter 158, Local Government Code, as amended by this
Act, but that was not operating under the applicable chapter
immediately before that date.
(b) A municipality to which Chapter 143, Local Government
Code, as amended by this Act, or a county to which Chapter 158,
Local Government Code, as amended by this Act, is applicable,
without regard to the holding of an election, because of the change
in law made by this Act shall implement a civil service system in
the municipality or county in accordance with Chapter 143 or 158,
Local Government Code, as amended by this Act, as applicable.
SECTION 9. This Act takes effect September 1, 2023.