Bill Text: TX HB2037 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the promotional system used in certain municipal civil service fire departments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-13 - Referred to Urban Affairs [HB2037 Detail]
Download: Texas-2017-HB2037-Introduced.html
85R10633 JCG-F | ||
By: Button | H.B. No. 2037 |
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relating to the promotional system used in certain municipal civil | ||
service fire departments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 143.035, Local Government | ||
Code, is amended to read as follows: | ||
Sec. 143.035. ALTERNATE PROMOTIONAL SYSTEM [ |
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SECTION 2. Section 143.035, Local Government Code, is | ||
amended by amending Subsections (a), (b), (c), (d), (e), (f), (g), | ||
and (i) to read as follows: | ||
(a) This section does not apply to a municipality that has | ||
adopted Chapter 174 [ |
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(b) The [ |
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system as provided by this section for a police department or fire | ||
department to select persons to occupy nonentry level positions | ||
other than positions that are filled by appointment by the | ||
department head of the police department or fire department, as | ||
applicable, if: | ||
(1) for the police department: | ||
(A) the department head recommends adoption of | ||
the alternate system; and | ||
(B) the sworn police officers in the department | ||
approve the adoption by a majority vote; or | ||
(2) for the fire department: | ||
(A) the department head recommends the adoption | ||
of the alternate system; and | ||
(B) the fire fighters in the department approve | ||
the adoption by a majority vote. [ |
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(c) The commission shall order the director to conduct an | ||
election [ |
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(1) all sworn police officers or all fire fighters, as | ||
applicable, within the rank immediately below the classification | ||
for which the promotional examination is to be administered; or | ||
(2) [ |
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department or all fire fighters in the fire department, as | ||
applicable. | ||
(d) The director shall hold the election on or after the | ||
30th day after the date notice of the election is posted at the | ||
applicable police or fire department. The election shall be | ||
conducted throughout each regular work shift at an accessible | ||
location within the applicable police or fire department during a | ||
24-hour period. | ||
(e) The ballot shall contain the specific amendment to the | ||
promotional procedure. Each sworn police officer or each fire | ||
fighter, as applicable, shall be given the opportunity to vote by | ||
secret ballot "for" or "against" the amendment. | ||
(f) The alternate [ |
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approved by a majority vote of the sworn police officers or the fire | ||
fighters voting. A defeated promotional system amendment may not | ||
be placed on a ballot for a vote by the sworn police officers or the | ||
fire fighters, as applicable, for at least 12 months after the date | ||
the prior election was held, but this provision does not apply if | ||
the head of the police department or fire department, as | ||
applicable, recommends a different proposal to the commission. | ||
(g) The commission shall canvass the votes within 30 days | ||
after the date the election is held. An appeal alleging election | ||
irregularity must be filed with the commission within five working | ||
days after the date the election closes. If approved by the sworn | ||
police officers or the fire fighters, as applicable, the | ||
promotional system amendment becomes effective after all election | ||
disputes have been ruled on and the election votes have been | ||
canvassed by the commission. | ||
(i) At any time after an alternate promotional system has | ||
been adopted under this section by a police department or fire | ||
department and has been in effect for at least 180 days, a petition | ||
signed by at least 35 percent of the sworn police officers or the | ||
fire fighters, as applicable, may be submitted to the commission | ||
asking that the alternate promotional system be reconsidered. If a | ||
petition is submitted, the commission shall, within 60 days after | ||
the date the petition is filed, hold an election as prescribed by | ||
this section. If a majority of those voting vote to terminate, the | ||
commission shall terminate the alternate promotional system. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |