Bill Text: TX HB1094 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the sheriff's department civil service system in certain counties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-16 - No action taken in committee [HB1094 Detail]
Download: Texas-2017-HB1094-Introduced.html
85R2598 PAM-F | ||
By: Alvarado | H.B. No. 1094 |
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relating to the sheriff's department civil service system in | ||
certain counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 158.034(a), (b), and (c), Local | ||
Government Code, are amended to read as follows: | ||
(a) In a county with a population of less than 3.3 [ |
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million, 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 3.3 [ |
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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 three | ||
[ |
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that administers the system, and the three appointing authorities | ||
shall appoint two members [ |
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the affirmative vote of each of the authorities. | ||
(b) In a county with a population of less than 3.3 million, | ||
the [ |
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the commission. In a county with a population of 3.3 million or | ||
more, the sheriff shall designate one of the members as chairman and | ||
one of the members as vice chairman of the commission. | ||
(c) Each member of the commission is appointed for a term of | ||
two years. However, the initial members of the commission in a | ||
county with a population of less than 3.3 [ |
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determine by lot which two of them will serve a term of two years and | ||
which one of them will serve a term of one year. In a county with a | ||
population of 3.3 [ |
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(1) the initial members [ |
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under Subsection (a) serve [ |
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(2) the initial members appointed by each individual | ||
appointing authority shall determine by lot which one of the three | ||
[ |
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serve a term of two years and which two of the three initial members | ||
[ |
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SECTION 2. Section 158.035(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) In a county with a population of 3.3 [ |
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more, a panel of three commissioners shall preside at the hearing | ||
and vote on the commission's final decision in any case involving | ||
termination, demotion, or recovery of back pay. A panel's decision | ||
is the final decision of the commission for purposes of Sections | ||
158.0351 and 158.037. The commission shall adopt rules prescribing | ||
the commission's procedures for assigning members to a panel. A | ||
panel may not include more than one member who was appointed to the | ||
commission by the same individual appointing authority. | ||
SECTION 3. Section 158.0351(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) This section applies only to a county with a population | ||
of 3.3 [ |
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SECTION 4. Sections 158.038(b) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(b) The sheriff of a county with a population of less than | ||
3.3 million [ |
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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; and | ||
(4) 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 [ |
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3.3 million or more 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; and | ||
(3) 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. | ||
SECTION 5. (a) The appointing authorities described by | ||
Section 158.034(a), Local Government Code, as amended by this Act, | ||
in a county with a population of 3.3 million or more that has | ||
created a sheriff's department civil service system before the | ||
effective date of this Act shall appoint additional members to | ||
serve as members of the sheriff's department civil service | ||
commission as provided by Section 158.034(a), Local Government | ||
Code, as amended by this Act. The term of the initial additional | ||
member appointed jointly by the appointing authorities under this | ||
section serves a term of two years. Each initial additional member | ||
appointed by each appointing authority under this section shall | ||
draw lots for the appropriate number of one-year and two-year terms | ||
as needed to establish staggered terms as required by Section | ||
158.034(c), Local Government Code, as amended by this Act. | ||
(b) After the appointments have been made as provided by | ||
Subsection (a) of this section, the sheriff in a county with a | ||
population of 3.3 million or more that has created a sheriff's | ||
department civil service system before the effective date of this | ||
Act shall designate one of the members of the sheriff's department | ||
civil service commission as vice chairman of the commission as | ||
provided by Section 158.034(b), Local Government Code, as amended | ||
by this Act. | ||
SECTION 6. This Act takes effect September 1, 2017. |