Texas 2025 - 89th Regular

Texas House Bill HB2098 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2273 SCL-F
2	2	By: Martinez H.B. No. 2098
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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 25,000 [10,000] or more;
17	17	and
18	18	(2) [(B)] has a paid fire department or police
19	19	department[; and
20	20	[(C) has voted to adopt this chapter or the law
21	21	codified by this chapter; or
22	22	[(2) whose election to adopt this chapter and whose
23	23	acts subsequent to that election were validated by the law enacted
24	24	by House Bill 822, Acts of the 73rd Legislature, Regular Session,
25	25	1993].
26	26	SECTION 2. Section 143.005, Local Government Code, is
27	27	amended to read as follows:
28	28	Sec. 143.005. STATUS OF EMPLOYEES WHEN [IF] CHAPTER BECOMES
29	29	APPLICABLE [ADOPTED]. (a) Each fire fighter or police officer
30	30	[serving in a municipality that adopts this chapter and] who has
31	31	been in the service of a [the] municipality for more than six months
32	32	at the time this chapter first becomes applicable to the
33	33	municipality [is adopted] and who is entitled to civil service
34	34	classification has the status of a civil service employee and is not
35	35	required to take a competitive examination to remain in the
36	36	position the person occupies at the time this chapter first becomes
37	37	applicable to the municipality [of the adoption].
38	38	(b) An [In a municipality that adopts this chapter, an]
39	39	employee of the fire department whose primary duties are to provide
40	40	emergency medical services for the municipality is considered to be
41	41	a fire fighter who is a member of the fire department performing
42	42	fire medical emergency technology, entitled to civil service
43	43	protection, and covered by this chapter.
44	44	SECTION 3. Section 143.006(a), Local Government Code, is
45	45	amended to read as follows:
46	46	(a) The [On adoption of this chapter, the] Fire Fighters'
47	47	and Police Officers' Civil Service Commission is established in
48	48	each [the] municipality subject to this chapter. The chief
49	49	executive of the municipality shall appoint the members of the
50	50	commission within 60 days after the date this chapter first becomes
51	51	applicable to the municipality [is adopted]. Within 30 days after
52	52	the date the municipality's first full fiscal year begins after the
53	53	date this chapter first becomes applicable to the municipality [of
54	54	the adoption election], the governing body of the municipality
55	55	shall implement this chapter.
56	56	SECTION 4. Section 143.012(a), Local Government Code, is
57	57	amended to read as follows:
58	58	(a) The [On adoption of this chapter, the] office of
59	59	Director of Fire Fighters' and Police Officers' Civil Service is
60	60	established in each [the] municipality subject to this chapter.
61	61	The commission shall appoint the director. The director shall
62	62	serve as secretary to the commission and perform work incidental to
63	63	the civil service system as required by the commission. The
64	64	commission may remove the director at any time.
65	65	SECTION 5. Section 158.032, Local Government Code, is
66	66	amended to read as follows:
67	67	Sec. 158.032. APPLICABILITY OF SUBCHAPTER [ELIGIBLE
68	68	DEPARTMENTS]. A sheriff's department in a county with a population
69	69	of 250,000 or more shall adopt [than 500,000 may, in accordance with
70	70	this subchapter, create] a civil service system.
71	71	SECTION 6. Section 158.034(a), Local Government Code, is
72	72	amended to read as follows:
73	73	(a) In a county with a population of less than 2.8 million,
74	74	on the date this subchapter first becomes applicable to the
75	75	department [if a majority of the employees voting at the election
76	76	approve the creation of a sheriff's department civil service
77	77	system], the sheriff, commissioners court, and district attorney
78	78	shall each appoint one person to serve as a member of the civil
79	79	service commission that administers the system. In a county with a
80	80	population of 2.8 million or more, on the date this subchapter first
81	81	becomes applicable to the department [if a majority of the
82	82	employees voting at the election approve the creation of a
83	83	sheriff's department civil service system], the sheriff,
84	84	commissioners court, and district attorney shall each appoint two
85	85	persons to serve as members of the civil service commission that
86	86	administers the system, and the three appointing authorities shall
87	87	appoint one member by joint action requiring the affirmative vote
88	88	of each of the authorities.
89	89	SECTION 7. The following provisions of the Local Government
90	90	Code are repealed:
91	91	(1) Section 143.002(c);
92	92	(2) Section 143.004;
93	93	(3) Section 158.033; and
94	94	(4) Section 158.039.
95	95	SECTION 8. (a) On the effective date of this Act, Chapters
96	96	143 and 158, Local Government Code, as amended by this Act, first
97	97	become applicable for purposes of the changes in law made by this
98	98	Act to a municipality that is subject to Chapter 143, Local
99	99	Government Code, as amended by this Act, and a county that is
100	100	subject to Chapter 158, Local Government Code, as amended by this
101	101	Act, but that was not operating under the applicable chapter
102	102	immediately before that date.
103	103	(b) A municipality to which Chapter 143, Local Government
104	104	Code, as amended by this Act, or a county to which Chapter 158,
105	105	Local Government Code, as amended by this Act, is applicable,
106	106	without regard to the holding of an election, because of the change
107	107	in law made by this Act shall implement a civil service system in
108	108	the municipality or county in accordance with Chapter 143 or 158,
109	109	Local Government Code, as amended by this Act, as applicable.
110	110	SECTION 9. This Act takes effect September 1, 2025.