By: Clemons H.B. No. 1740
73R2239 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the procedures for hiring and promoting persons in a
1-3 fire or police department under municipal civil service.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.025(h), Local Government Code, is
1-6 amended to read as follows:
1-7 (h) <The grade to be placed on the eligibility list for each
1-8 applicant shall be computed by adding an applicant's points under
1-9 Subsection (e), if any, to the applicant's grade on the written
1-10 examination.> Each applicant's grade on the written examination is
1-11 based on a maximum grade of 100 percent and is determined entirely
1-12 by the correctness of the applicant's answers to the questions.
1-13 The minimum passing grade on the examination is 70 percent. An
1-14 applicant must pass the examination to be placed on an eligibility
1-15 list.
1-16 SECTION 2. Section 143.026, Local Government Code, is
1-17 amended to read as follows:
1-18 Sec. 143.026. Procedure for Filling Beginning Positions.
1-19 (a) When a vacancy occurs in a beginning position in a fire or
1-20 police department, the department head shall request in writing
1-21 from the commission the names of suitable persons from the
1-22 eligibility list. The director shall certify to the municipality's
1-23 chief executive the name <names> of each person <the three persons
1-24 having the highest grades> on the eligibility list.
2-1 (b) From the <three> names certified, the chief executive
2-2 shall appoint the person whom the chief executive determines to be
2-3 the best qualified for the position <having the highest grade
2-4 unless there is a valid reason why the person having the second or
2-5 third highest grade should be appointed.>
2-6 <(c) If the chief executive does not appoint the person
2-7 having the highest grade, the chief executive shall clearly set
2-8 forth in writing the good and sufficient reason why the person
2-9 having the highest grade was not appointed.>
2-10 <(d) The reason required by Subsection (c) shall be filed
2-11 with the commission and a copy provided to the person having the
2-12 highest grade. If the chief executive appoints the person having
2-13 the third highest grade, a copy of the report shall also be
2-14 furnished to the person having the second highest grade>.
2-15 SECTION 3. Section 143.033(c), Local Government Code, is
2-16 amended to read as follows:
2-17 (c) Unless a different procedure is adopted under an
2-18 alternate promotional system as provided by Section 143.035, each
2-19 <the grade that must be placed on the eligibility list for each
2-20 police officer or fire fighter shall be computed by adding the
2-21 applicant's points for seniority to the applicant's grade on the
2-22 written examination. Each> applicant's grade on the written
2-23 examination is based on a maximum grade of 100 points and is
2-24 determined entirely by the correctness of the applicant's answers
2-25 to the questions. The passing score in a municipality with a
2-26 population of 1.5 million or more is prescribed by Section 143.108.
2-27 In a municipality with a population of less than 1.5 million, all
3-1 applicants who receive a grade of at least 70 points shall be
3-2 determined to have passed the examination. An applicant must pass
3-3 the examination to be placed on an eligibility list <If a tie score
3-4 occurs, the commission shall determine a method to break the tie>.
3-5 SECTION 4. Sections 143.036(b) and (f), Local Government
3-6 Code, are amended to read as follows:
3-7 (b) If an eligibility list for the position to be filled
3-8 exists on the date the vacancy occurs, the director, on request by
3-9 the department head, shall certify to the department head <the
3-10 names of the three persons having the highest grades on that
3-11 eligibility list. The commission shall certify the names> within
3-12 10 days after the date the commission is notified of the vacancy<.
3-13 If fewer than three names remain on the eligibility list or if only
3-14 one or two eligible promotional candidates passed the promotional
3-15 examination,> each name on the list <must be submitted to the
3-16 department head>.
3-17 (f) The <Unless the department head has a valid reason for
3-18 not appointing the person, the> department head shall appoint the
3-19 eligible promotional candidate <having the highest grade> on the
3-20 eligibility list who is best qualified for the position. In
3-21 determining who is the best qualified candidate, the department
3-22 head shall consider each candidate's:
3-23 (1) grade on the promotional examination;
3-24 (2) energy and good health;
3-25 (3) ability to get along with people;
3-26 (4) knowledge of the job and technical competence;
3-27 (5) ability to work under pressure;
4-1 (6) dedication and dependability;
4-2 (7) ability to concentrate on an objective;
4-3 (8) learning capacity and problem solving skills;
4-4 (9) positive attitude towards management; and
4-5 (10) leadership potential. <If the department head
4-6 has a valid reason for not appointing the eligible promotional
4-7 candidate having the highest grade, the department head shall
4-8 personally discuss the reason with the person being bypassed before
4-9 appointing another person. The department head shall also file the
4-10 reason in writing with the commission. On application of the
4-11 bypassed eligible promotional candidate, the reason the department
4-12 head did not appoint that person is subject to review by the
4-13 commission.>
4-14 SECTION 5. Section 143.037(b), Local Government Code, is
4-15 amended to read as follows:
4-16 (b) The record must contain:
4-17 (1) the date notice of examination for the position
4-18 was posted;
4-19 (2) the date on which the appointed person took the
4-20 examination;
4-21 (3) the name of each person who conducted the
4-22 examination;
4-23 (4) the grade <relative position of> the appointed
4-24 person made on the examination <eligibility list>;
4-25 (5) the date the appointed person took the physical
4-26 examination, the name of the examining physician, and whether the
4-27 person was accepted or rejected;
5-1 (6) the date the request to fill the vacancy was made;
5-2 (7) the date the appointed person was notified to
5-3 report for duty; and
5-4 (8) the date the appointed person's pay is to start.
5-5 SECTION 6. Section 143.057(a), Local Government Code, is
5-6 amended to read as follows:
5-7 (a) In addition to the other notice requirements prescribed
5-8 by this chapter, the letter of disciplinary action issued to a fire
5-9 fighter or police officer must state that in an appeal of an
5-10 indefinite suspension, a suspension, <a promotional passover,> or a
5-11 recommended demotion, the appealing fire fighter or police officer
5-12 may elect to appeal to an independent third party hearing examiner
5-13 instead of to the commission. The letter must also state that if
5-14 the fire fighter or police officer elects to appeal to a hearing
5-15 examiner, the person waives all rights to appeal to a district
5-16 court except as provided by Subsection (j).
5-17 SECTION 7. Section 143.1015(k), Local Government Code, is
5-18 amended to read as follows:
5-19 (k) In an appeal to a hearing examiner, the director may,
5-20 within five working days after the date the hearing examiner is
5-21 chosen, send to the hearing examiner the following:
5-22 (1) the name of the fire fighter or police officer who
5-23 is appealing;
5-24 (2) the written reasons filed by the department head
5-25 with the commission in the case of <a promotional passover or> a
5-26 recommended demotion;
5-27 (3) the specific provisions of the rules alleged to
6-1 have been violated in the case of a suspension; and
6-2 (4) the date and place of the alleged civil service
6-3 violation.
6-4 The director may not send the hearing examiner the department
6-5 head's original written statement. The department head shall
6-6 submit the written statement and charges to the hearing examiner at
6-7 the hearing.
6-8 SECTION 8. Sections 143.1016(a), (e), and (k), Local
6-9 Government Code, are amended to read as follows:
6-10 (a) In addition to the other notice requirements prescribed
6-11 by this chapter, the letter of disciplinary action issued to a fire
6-12 fighter or police officer must state that in an appeal of an
6-13 indefinite suspension, a suspension, <a promotional pass over,> or
6-14 a recommended demotion, the appealing fire fighter or police
6-15 officer may elect to appeal to an independent third party hearing
6-16 examiner instead of to the commission. The letter must also state
6-17 that if the fire fighter or police officer elects to appeal to a
6-18 hearing examiner, the person waives all rights to appeal to a
6-19 district court except as provided by Subsection (j).
6-20 (e) The appeal hearing must begin within 60 days after the
6-21 date the appeal is filed and shall begin as soon as the hearing
6-22 examiner can be scheduled. If the hearing examiner cannot begin
6-23 the hearing within 45 calendar days after the date of selection,
6-24 the fire fighter or police officer may, within two days after
6-25 learning of that fact, call for the selection of a new hearing
6-26 examiner using the procedure prescribed by Subsection (d). If the
6-27 appeal hearing is not begun within 60 days after the date the
7-1 appeal is filed, the indefinite suspension, suspension,
7-2 <promotional pass over,> or recommended demotion is upheld and the
7-3 appeal is withdrawn if the fire fighter or police officer is not
7-4 ready to proceed, and the appeal is sustained if the department
7-5 head is not ready to proceed. In computing the 60-day period, a
7-6 period of delay not to exceed 30 calendar days because of a
7-7 continuance granted at the request of the department head or his
7-8 representative or the fire fighter or police officer or his
7-9 representative on good cause being shown, or because of the
7-10 unavoidable unavailability of the hearing examiner on the date of
7-11 the hearing, or because of the pendency of a motion to consolidate
7-12 with another hearing as provided in Subsection (k) of this section
7-13 is excluded. In no event may a hearing examiner grant a
7-14 continuance beyond 30 days in an indefinite suspension. A hearing
7-15 examiner may grant a continuance beyond the 30-day period upon good
7-16 cause being shown in a disciplinary suspension unless the fire
7-17 fighter or police officer has another disciplinary action pending.
7-18 (k) In an appeal of an indefinite suspension, a suspension,
7-19 <a promotional pass over,> or a recommended demotion, each
7-20 appealing fire fighter or police officer or the appealing fire
7-21 fighter's or police officer's representative shall be entitled to
7-22 the selection of a hearing examiner pursuant to Subsection (d) of
7-23 this section to hear the case. The fire fighter, police officer,
7-24 department head, or a representative of any of those may, within 10
7-25 days of the date they received notice of the appeal, file a motion
7-26 with a copy to the opposing side to consolidate the case with that
7-27 of one or more other fire fighters or police officers where the
8-1 charges arise out of the same incident. The motion to consolidate
8-2 may be agreed to in writing and filed with the director. If a
8-3 motion to consolidate the cases is filed and not agreed to, a
8-4 hearing examiner shall be chosen pursuant to the provisions of
8-5 Subsection (d) of this section to hear the motion. The decision of
8-6 the hearing examiner shall be final and binding as to the issue of
8-7 consolidation. The hearing examiner chosen to hear the motion to
8-8 consolidate shall not hear the case, and the provisions of
8-9 Subsection (d) of this section shall be used to choose the hearing
8-10 examiner with the day the decision is rendered being the equivalent
8-11 of the date the appeal was filed.
8-12 SECTION 9. Section 143.127(a), Local Government Code, is
8-13 amended to read as follows:
8-14 (a) A fire fighter or police officer may file a grievance as
8-15 provided by this subchapter. The fire fighter or police officer
8-16 may file a grievance that relates to the same aspects of the
8-17 person's employment over which the civil service commission for the
8-18 employees of the municipality who are not subject to this chapter
8-19 would have lawful jurisdiction, including but not limited to a
8-20 written or oral reprimand, transfers, job performance reviews, and
8-21 job assignments. The fire fighter or police officer may not file a
8-22 grievance relating to:
8-23 (1) a disciplinary suspension, indefinite suspension,
8-24 <promotional pass over,> or demotion or other action or decision
8-25 for which a hearing, review, or appeal is otherwise provided by
8-26 this chapter; or
8-27 (2) an allegation of discrimination based, in whole or
9-1 in part, on race, color, religion, sex, or national origin.
9-2 SECTION 10. Sections 143.025(e), 143.033(b), and 143.036(g),
9-3 Local Government Code, are repealed.
9-4 SECTION 11. The changes in law made by this Act relating to
9-5 an appointment to a beginning position, promotion, or appeal of a
9-6 promotional passover in certain fire and police departments apply
9-7 only to an appointment to a beginning position, promotion, or
9-8 promotional passover that occurs on or after the effective date of
9-9 this Act, without regard to whether the appointment to a beginning
9-10 position, promotion, or promotional passover is based on an
9-11 eligibility list that was created before, on, or after the
9-12 effective date of this Act. An appointment to a beginning
9-13 position, promotion, or promotional passover that occurs before the
9-14 effective date of this Act is governed by the law relating to those
9-15 actions that exists on the date that the appointment to a beginning
9-16 position, promotion, or promotional passover occurs, and the former
9-17 law is continued in effect for this purpose.
9-18 SECTION 12. This Act takes effect September 1, 1993.
9-19 SECTION 13. The importance of this legislation and the
9-20 crowded condition of the calendars in both houses create an
9-21 emergency and an imperative public necessity that the
9-22 constitutional rule requiring bills to be read on three several
9-23 days in each house be suspended, and this rule is hereby suspended.