Bill Text: TX HB4337 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to positions designated as exempt from sheriff's department civil service systems in certain counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-14 - Comm. report sent to Local & Consent Calendar [HB4337 Detail]
Download: Texas-2019-HB4337-Introduced.html
86R7707 MP-F | ||
By: Bohac | H.B. No. 4337 |
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relating to positions designated as exempt from sheriff's | ||
department civil service systems in certain counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 158.038, Local Government Code, is | ||
amended by amending Subsections (b), (c), and (d) and adding | ||
Subsections (c-1) and (e) to read as follows: | ||
(b) The sheriff of a county with a population of [ |
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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; and | ||
(4) additional positions in the department; provided, | ||
however, that the sheriff may not designate as exempt a total of | ||
more than 12 [ |
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(c) The sheriff of a county with a population of 900,000 or | ||
more [ |
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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[ |
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(A) determined by the civil service commission to | ||
be administrative or supervisory positions; or | ||
(B) designated by the sheriff as a specialist | ||
position[ |
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(c-1) For exemptions under Subsection (c)(3): | ||
(1) the number of exemptions may not exceed: | ||
(A) 15 in a county with a population of 900,000 or | ||
more but less than 1.5 million; | ||
(B) 18 in a county with a population of 1.5 | ||
million or more but less than 2 million; | ||
(C) 20 in a county with a population of 2 million | ||
or more but less than 2.5 million; | ||
(D) 25 in a county with a population of 2.5 | ||
million or more but less than 3 million; and | ||
(E) 30 in a county with a population of 3 million | ||
or more; | ||
(2) the sheriff may not designate as exempt: | ||
(A) a position in the deputy classifications of | ||
captain or below in a county with a population of 3 million or more; | ||
or | ||
(B) a position in the deputy classifications of | ||
lieutenant or below in a county with a population of less than 3 | ||
million; and | ||
(3) the designation of exempt positions may not reduce | ||
the number of positions within the deputy classifications: | ||
(A) of captain or below in a county with a | ||
population of 3 million or more; or | ||
(B) of sergeant or below in a county with a | ||
population of less than 3 million. | ||
(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 within the pay grade of that exempt | ||
position in accordance with the system's civil service rules. | ||
(e) Not later than the 90th day after the date a sheriff | ||
designates a position as exempt under this section, an employee may | ||
request a transfer to the nonexempt position held by the employee | ||
before the employee's last promotion. | ||
SECTION 2. 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, 2019. |