1-1 By: Gallegos (Senate Sponsor - Whitmire) H.B. No. 822
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 20, 1993, reported favorably by
1-5 the following vote: Yeas 10, Nays 0; May 20, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to municipal civil service and the validation of
1-23 government acts and proceedings regarding certain civil service
1-24 systems.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 143.002, Local Government Code, is
1-27 amended to read as follows:
1-28 Sec. 143.002. Municipalities Covered by Chapter. This
1-29 chapter applies only to a municipality:
1-30 (1) that:
1-31 (A) <(1)> has a population of 10,000 or more;
1-32 (B) <(2)> has a paid fire department and police
1-33 department; and
1-34 (C) <(3)> has voted to adopt this chapter or the
1-35 law codified by this chapter; or
1-36 (2) whose election to adopt this chapter and whose
1-37 acts subsequent to that election were validated by the law enacted
1-38 by House Bill 822, Acts of the 73rd Legislature, Regular Session,
1-39 1993.
1-40 SECTION 2. (a) The governmental acts and proceedings of a
1-41 municipality relating to an election to adopt a civil service
1-42 system under Subchapter A, Chapter 143, Local Government Code, that
1-43 was held before January 1, 1993, and at which time the municipality
1-44 did not have a paid fire department and police department are
1-45 validated as of the dates they occurred. The validation includes
1-46 the preparation and wording of the ballot proposition, any action
1-47 taken by the municipality in calling and holding the election, and
1-48 any other action taken by the municipality before the effective
1-49 date of this Act in connection with the civil service commission
1-50 appointed after the election. The acts and proceedings may not be
1-51 held invalid because they were not performed in accordance with
1-52 law. A municipality may take any further action or may conduct any
1-53 further proceeding necessary to complete the actions taken by the
1-54 civil service commission that was appointed after the election, and
1-55 any actions taken by the municipality or the civil service
1-56 commission are valid and binding on the municipality and the civil
1-57 service commission.
1-58 (b) This section does not apply to any matter that on the
1-59 effective date of this Act:
1-60 (1) is involved in litigation if the litigation
1-61 ultimately results in the matter being held invalid by a final
1-62 judgment in a court of competent jurisdiction; or
1-63 (2) has been held invalid by a final judgment of a
1-64 court of competent jurisdiction.
1-65 SECTION 3. The importance of this legislation and the
1-66 crowded condition of the calendars in both houses create an
1-67 emergency and an imperative public necessity that the
1-68 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended,
2-2 and that this Act take effect and be in force from and after its
2-3 passage, and it is so enacted.
2-4 * * * * *
2-5 Austin,
2-6 Texas
2-7 May 20, 1993
2-8 Hon. Bob Bullock
2-9 President of the Senate
2-10 Sir:
2-11 We, your Committee on Intergovernmental Relations to which was
2-12 referred H.B. No. 822, have had the same under consideration, and I
2-13 am instructed to report it back to the Senate with the
2-14 recommendation that it do pass and be printed.
2-15 Armbrister,
2-16 Chairman
2-17 * * * * *
2-18 WITNESSES
2-19 FOR AGAINST ON
2-20 ___________________________________________________________________
2-21 Name: Jim Lyde x
2-22 Representing: TML
2-23 City: Austin
2-24 -------------------------------------------------------------------
2-25 Name: Ken Bailey x
2-26 Representing: Tx State Assoc Fire Fighters
2-27 City: Austin
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