By: Rosenthal H.B. No. 4477
A BILL TO BE ENTITLED
AN ACT
relating to the requirement to employ an adequate staff for a civil
service commission of certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 158.036, Local Government Code, is
amended to read as follows:
Sec. 158.036. COMPENSATION AND STAFF. The members of the
commission serve without compensation, but the commissioners court
shall reimburse each member for actual and necessary expenses
incurred in performing the member's duties. The commissioners
court shall provide the commission with adequate office space and
sufficient funds to employ an adequate staff and to purchase
necessary supplies and equipment and shall employ an adequate staff
to support the commission.
SECTION 2. Section 158.038, Local Government Code, is
amended by adding Subsections (b)(5) and (c)(4) to read as follows:
Sec. 158.038. EXEMPTIONS. (a) A person who is an employee
of a department on the date that a civil service system is adopted
under this subchapter in the department may not be required to take
a competitive examination or perform any other act under this
subchapter to maintain the person's employment.
(b) The sheriff of a county with a population of 3.3 million
or less may designate as exempt from the civil service system:
(1) the position of chief deputy;
(2) four positions of major deputy;
(3) one or more positions in the office of
departmental legal counsel;
(4) grant-funded positions; and
(5) additional positions in the department; provided,
however, that the sheriff may not designate as exempt a total of
more than 10 positions.
(c) The sheriff of a county with a population of more than
3.3 million may designate as exempt from the civil service system:
(1) the position of chief deputy;
(2) one or more positions in the office of
departmental legal counsel;
(3) grant-funded positions; and
(4) additional positions in the department, not to
exceed 25 in number, that have been determined by the civil service
commission to be administrative or supervisory positions;
provided, however, that the sheriff may not designate as exempt any
position in the deputy classifications of captain or below. The
designation of any such additional exempt position by the sheriff
shall not diminish the number of positions within the deputy
classifications of captain or below.
(d) At the time a new sheriff takes office, an employee
holding an exempt position may be transferred to the nonexempt
position held by the employee immediately before being promoted to
an exempt position. A person who was not an officer in the
department when appointed to an exempt position may be transferred
only to an entry level position in accordance with the system's
civil service rules.
SECTION 3. This Act takes effect September 1, 2025.