Texas 2023 - 88th Regular

Texas House Bill HB2925 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R20612 SCL-F
2	2	By: Martinez H.B. No. 2925
3	3	Substitute the following for H.B. No. 2925:
4	4	By: Rosenthal C.S.H.B. No. 2925
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to applicability of the civil service system for municipal
10	10	firefighters and police officers and sheriff's departments.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 143.002(a), Local Government Code, is
13	13	amended to read as follows:
14	14	(a) This chapter applies only to a municipality[:
15	15	[(1)] that:
16	16	(1) [(A)] has a population of 10,000 or more; and
17	17	(2) [(B)] has a paid fire department or police
18	18	department[; and
19	19	[(C) has voted to adopt this chapter or the law
20	20	codified by this chapter; or
21	21	[(2) whose election to adopt this chapter and whose
22	22	acts subsequent to that election were validated by the law enacted
23	23	by House Bill 822, Acts of the 73rd Legislature, Regular Session,
24	24	1993].
25	25	SECTION 2. Section 143.005, Local Government Code, is
26	26	amended to read as follows:
27	27	Sec. 143.005. STATUS OF EMPLOYEES WHEN [IF] CHAPTER BECOMES
28	28	APPLICABLE [ADOPTED]. (a) Each fire fighter or police officer
29	29	[serving in a municipality that adopts this chapter and] who has
30	30	been in the service of a [the] municipality for more than six months
31	31	at the time this chapter first becomes applicable to the
32	32	municipality [is adopted] and who is entitled to civil service
33	33	classification has the status of a civil service employee and is not
34	34	required to take a competitive examination to remain in the
35	35	position the person occupies at the time this chapter first becomes
36	36	applicable to the municipality [of the adoption].
37	37	(b) An [In a municipality that adopts this chapter, an]
38	38	employee of the fire department whose primary duties are to provide
39	39	emergency medical services for the municipality is considered to be
40	40	a fire fighter who is a member of the fire department performing
41	41	fire medical emergency technology, entitled to civil service
42	42	protection, and covered by this chapter.
43	43	SECTION 3. Section 143.006(a), Local Government Code, is
44	44	amended to read as follows:
45	45	(a) The [On adoption of this chapter, the] Fire Fighters'
46	46	and Police Officers' Civil Service Commission is established in
47	47	each [the] municipality subject to this chapter. The chief
48	48	executive of the municipality shall appoint the members of the
49	49	commission within 60 days after the date this chapter first becomes
50	50	applicable to the municipality [is adopted]. Within 30 days after
51	51	the date the municipality's first full fiscal year begins after the
52	52	date this chapter first becomes applicable to the municipality [of
53	53	the adoption election], the governing body of the municipality
54	54	shall implement this chapter.
55	55	SECTION 4. Section 143.012(a), Local Government Code, is
56	56	amended to read as follows:
57	57	(a) The [On adoption of this chapter, the] office of
58	58	Director of Fire Fighters' and Police Officers' Civil Service is
59	59	established in each [the] municipality subject to this chapter.
60	60	The commission shall appoint the director. The director shall
61	61	serve as secretary to the commission and perform work incidental to
62	62	the civil service system as required by the commission. The
63	63	commission may remove the director at any time.
64	64	SECTION 5. Section 158.032, Local Government Code, is
65	65	amended to read as follows:
66	66	Sec. 158.032. APPLICABILITY OF SUBCHAPTER [ELIGIBLE
67	67	DEPARTMENTS]. A sheriff's department in a county with a population
68	68	of more than 250,000 shall adopt [500,000 may, in accordance with
69	69	this subchapter, create] a civil service system.
70	70	SECTION 6. Section 158.034(a), Local Government Code, is
71	71	amended to read as follows:
72	72	(a) In a county with a population of less than 2.8 million,
73	73	on the date this subchapter first becomes applicable to the
74	74	department [if a majority of the employees voting at the election
75	75	approve the creation of a sheriff's department civil service
76	76	system], the sheriff, commissioners court, and district attorney
77	77	shall each appoint one person to serve as a member of the civil
78	78	service commission that administers the system. In a county with a
79	79	population of 2.8 million or more, on the date this subchapter first
80	80	becomes applicable to the department [if a majority of the
81	81	employees voting at the election approve the creation of a
82	82	sheriff's department civil service system], the sheriff,
83	83	commissioners court, and district attorney shall each appoint two
84	84	persons to serve as members of the civil service commission that
85	85	administers the system, and the three appointing authorities shall
86	86	appoint one member by joint action requiring the affirmative vote
87	87	of each of the authorities.
88	88	SECTION 7. The following provisions of the Local Government
89	89	Code are repealed:
90	90	(1) Section 143.002(c);
91	91	(2) Section 143.004;
92	92	(3) Section 158.033; and
93	93	(4) Section 158.039.
94	94	SECTION 8. (a) On the effective date of this Act, Chapters
95	95	143 and 158, Local Government Code, as amended by this Act, first
96	96	become applicable for purposes of the changes in law made by this
97	97	Act to a municipality that is subject to Chapter 143, Local
98	98	Government Code, as amended by this Act, and a county that is
99	99	subject to Chapter 158, Local Government Code, as amended by this
100	100	Act, but that was not operating under the applicable chapter
101	101	immediately before that date.
102	102	(b) A municipality to which Chapter 143, Local Government
103	103	Code, as amended by this Act, or a county to which Chapter 158,
104	104	Local Government Code, as amended by this Act, is applicable,
105	105	without regard to the holding of an election, because of the change
106	106	in law made by this Act shall implement a civil service system in
107	107	the municipality or county in accordance with Chapter 143 or 158,
108	108	Local Government Code, as amended by this Act, as applicable.
109	109	SECTION 9. This Act takes effect September 1, 2023.