By:  Thompson, G.                                     H.B. No. 2082
       73R1435 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of a municipal employees civil service
    1-3  commission in certain municipalities; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 143.002, Local Government Code, is
    1-6  amended to read as follows:
    1-7        Sec. 143.002.  Municipalities Covered by Chapter.  This
    1-8  chapter applies only to a municipality that:
    1-9              (1)  has a population of 10,000 or more;
   1-10              (2)  has a paid fire department and police department;
   1-11  <and>
   1-12              (3)  has voted to adopt this chapter or the law
   1-13  codified by this chapter; and
   1-14              (4)  does not have a Municipal Employees Civil Service
   1-15  Commission organized under Chapter 145.
   1-16        SECTION 2.  Subtitle A, Title 5, Local Government Code, is
   1-17  amended by adding Chapter 145 to read as follows:
   1-18     CHAPTER 145.  MUNICIPAL CIVIL SERVICE:  EMPLOYEES IN GENERAL
   1-19                   SUBCHAPTER A.  GENERAL PROVISIONS
   1-20        Sec. 145.001.  PURPOSE.  (a)  The purpose of this chapter is
   1-21  to secure efficient municipal government composed of capable
   1-22  personnel who are free from political influence and who have
   1-23  permanent employment tenure as public servants.
   1-24        (b)  The members of the Municipal Employees Civil Service
    2-1  Commission shall administer this chapter in accordance with this
    2-2  purpose.
    2-3        Sec. 145.002.  MUNICIPALITIES COVERED BY CHAPTER.  This
    2-4  chapter applies only to a municipality that has a population of
    2-5  400,000 or more.
    2-6        Sec. 145.003.  DEFINITIONS.  In this chapter:
    2-7              (1)  "Commission" means the Municipal Employees Civil
    2-8  Service Commission.
    2-9              (2)  "Department head" means the head of a department
   2-10  of municipal government or that person's equivalent, regardless of
   2-11  the name or title used.
   2-12              (3)  "Director" means the director of municipal
   2-13  employees civil service.
   2-14              (4)  "Employee" means a person who was appointed in
   2-15  substantial compliance with this chapter or who is entitled to
   2-16  civil service status under Section 145.004.
   2-17        Sec. 145.004.  STATUS OF EMPLOYEES.  Each employee serving in
   2-18  a municipality who has been in the service of the municipality for
   2-19  more than six months before the implementation date of this chapter
   2-20  in the municipality  and who is entitled to civil service
   2-21  classification has the status of a civil service employee and is
   2-22  not required to take a competitive examination to remain in the
   2-23  position the person occupies on that date.
   2-24        Sec. 145.005.  IMPLEMENTATION:  COMMISSION.  (a)  The
   2-25  Municipal Employees Civil Service Commission is established in the
   2-26  municipality.  The chief executive of the municipality shall
   2-27  appoint the initial members of the commission before November 1,
    3-1  1993.  Within 30 days after the date the municipality's first full
    3-2  fiscal year begins on or after January 1, 1994, the governing body
    3-3  of the municipality shall implement this chapter.
    3-4        (b)  The commission consists of three members appointed by
    3-5  the municipality's chief executive and confirmed by the governing
    3-6  body of the municipality.  Members serve staggered three-year terms
    3-7  with the term of one member expiring each year.  If a vacancy
    3-8  occurs or if an appointee fails to qualify within 10 days after the
    3-9  date of appointment, the chief executive shall appoint a person to
   3-10  serve for the remainder of the unexpired term in the same manner as
   3-11  the original appointment.
   3-12        (c)  A person appointed to the commission must:
   3-13              (1)  be of good moral character;
   3-14              (2)  be a United States citizen;
   3-15              (3)  be a resident of the municipality who has resided
   3-16  in the municipality for more than three years;
   3-17              (4)  be over 25 years of age; and
   3-18              (5)  not have held a public office within the preceding
   3-19  three years.
   3-20        (d)  In making initial appointments, the chief executive
   3-21  shall designate one member to serve a one-year term, one member to
   3-22  serve a two-year term, and one member to serve a three-year term.
   3-23  If a municipality has a Fire Fighters' and Police Officers' Civil
   3-24  Service Commission immediately before this chapter takes effect in
   3-25  that municipality, that civil service commission shall continue as
   3-26  the commission established by this section and shall administer the
   3-27  civil service system as prescribed by this chapter.  As the terms
    4-1  of the members of the previously existing commission expire, the
    4-2  chief executive shall appoint members as prescribed by this
    4-3  section.  If necessary to create staggered terms as prescribed by
    4-4  this section, the chief executive shall appoint the initial
    4-5  members, required to be appointed under this chapter, to serve
    4-6  terms of less than three years.
    4-7        (e)  Initial members shall elect a chairman and a
    4-8  vice-chairman within 10 days after the date all members have
    4-9  qualified.  Each January, the members shall elect a chairman and a
   4-10  vice-chairman.
   4-11        (f)  The governing body of the municipality shall provide to
   4-12  the commission adequate and suitable office space in which to
   4-13  conduct business.
   4-14        (g)  The chief executive of a municipality commits an offense
   4-15  if the chief executive knowingly or intentionally fails to appoint
   4-16  the initial members of the commission within the period prescribed
   4-17  by Subsection (a).  An offense under this subsection is a
   4-18  misdemeanor punishable by a fine of not less than $100 or more than
   4-19  $200.  Each day after the period that the chief executive knowingly
   4-20  or intentionally fails to make a required appointment constitutes a
   4-21  separate offense.
   4-22        (h)  The chief executive of a municipality or a municipal
   4-23  official commits an offense if the person knowingly or
   4-24  intentionally refuses to implement this chapter or attempts to
   4-25  obstruct the enforcement of this chapter.  An offense under this
   4-26  subsection is a misdemeanor punishable by a fine of not less than
   4-27  $100 or more than $200.
    5-1        Sec. 145.006.  REMOVAL OF COMMISSION MEMBER.  (a)  If at a
    5-2  meeting held for that purpose the governing body of the
    5-3  municipality finds that a commission member is guilty of misconduct
    5-4  in office, the governing body may remove the member.  The member
    5-5  may request that the meeting be held as an open hearing in
    5-6  accordance with the open meetings law, Chapter 271, Acts of the
    5-7  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
    5-8  Texas Civil Statutes).
    5-9        (b)  If a commission member is indicted or charged by
   5-10  information with a criminal offense involving moral turpitude, the
   5-11  member shall be automatically suspended from office until the
   5-12  disposition of the charge.  Unless the member pleads guilty or is
   5-13  found to be guilty, the member shall resume office at the time of
   5-14  disposition of the charge.
   5-15        (c)  The governing body may appoint a substitute commission
   5-16  member during a period of suspension.  If a member pleads guilty to
   5-17  or is found to be guilty of a criminal offense involving moral
   5-18  turpitude, the governing body shall appoint a replacement
   5-19  commission member to serve the remainder of the disqualified
   5-20  member's term of office.
   5-21        Sec. 145.007.  ADOPTION AND PUBLICATION OF RULES.  (a)  A
   5-22  commission shall adopt rules necessary for the proper conduct of
   5-23  commission business.
   5-24        (b)  The commission may not adopt a rule permitting the
   5-25  appointment or employment of a person who is:
   5-26              (1)  without good moral character;
   5-27              (2)  physically or mentally unfit; or
    6-1              (3)  incompetent to discharge the duties of the
    6-2  appointment or employment.
    6-3        (c)  The commission shall adopt rules that prescribe cause
    6-4  for removal or suspension of an employee.  The rules must comply
    6-5  with the grounds for removal prescribed by Section 145.051.
    6-6        (d)  The commission shall publish each rule it adopts and
    6-7  each classification and seniority list for each department of a
    6-8  municipality.  The rules and lists shall be made available on
    6-9  demand.  A rule is considered to be adopted and sufficiently
   6-10  published if the commission adopts the rule by majority vote and
   6-11  causes the rule to be written, typewritten, or printed.
   6-12  Publication in a newspaper is not required and the governing body
   6-13  of the municipality is not required to act on the rule.
   6-14        (e)  A rule is not valid and binding on the commission until
   6-15  the commission:
   6-16              (1)  mails a copy of the rule to the commissioner, if
   6-17  the municipality has an elected commissioner, and to all municipal
   6-18  department heads;
   6-19              (2)  posts a copy of the rule for a seven-day period at
   6-20  a conspicuous place in the central municipal offices; and
   6-21              (3)  mails a copy of the rule to each municipal
   6-22  department.
   6-23        (f)  The director shall keep copies of all rules for free
   6-24  distribution to employees who request copies and for inspection by
   6-25  any interested person.
   6-26        Sec. 145.008.  COMMISSION INVESTIGATIONS AND INSPECTIONS.
   6-27  (a)  The commission or a commission member designated by the
    7-1  commission may investigate and report on all matters relating to
    7-2  the enforcement and effect of this chapter and any rules adopted
    7-3  under this chapter and shall determine if the chapter and rules are
    7-4  being obeyed.
    7-5        (b)  During an investigation, the commission or the
    7-6  commission member may:
    7-7              (1)  administer oaths;
    7-8              (2)  issue subpoenas to compel the attendance of
    7-9  witnesses and the production of books, papers, documents, and
   7-10  accounts relating to the investigation; and
   7-11              (3)  cause the deposition of witnesses residing inside
   7-12  or outside the state.
   7-13        (c)  A deposition taken in connection with an investigation
   7-14  under this section must be taken in the manner prescribed by law
   7-15  for taking a similar deposition in a civil action in federal
   7-16  district court.
   7-17        (d)  An oath administered or a subpoena issued under this
   7-18  section has the same force and effect as an oath administered by a
   7-19  magistrate in the magistrate's judicial capacity.
   7-20        (e)  A person who fails to respond to a subpoena issued under
   7-21  this section commits an offense punishable as prescribed by Section
   7-22  145.015.
   7-23        Sec. 145.009.  COMMISSION APPEAL PROCEDURE.  (a)  Except as
   7-24  otherwise provided by this chapter, if an employee wants to appeal
   7-25  to the commission from an action for which an appeal or review is
   7-26  provided by this chapter, the employee shall file an appeal with
   7-27  the commission within 10 days after the date the action occurred.
    8-1        (b)  The appeal must include the basis for the appeal and a
    8-2  request for a commission hearing.  The appeal must also contain a
    8-3  statement denying the truth of the charge as made, a statement
    8-4  taking exception to the legal sufficiency of the charge, a
    8-5  statement alleging that the recommended action does not fit the
    8-6  offense or alleged offense, or a combination of these statements.
    8-7        (c)  In each hearing, appeal, or review of any kind in which
    8-8  the commission performs an adjudicatory function, the affected
    8-9  employee is entitled to be represented by counsel or a person the
   8-10  employee chooses.  Each commission proceeding shall be held in
   8-11  public.
   8-12        (d)  The commission may issue subpoenas and subpoenas duces
   8-13  tecum for the attendance of witnesses and for the production of
   8-14  documentary material.
   8-15        (e)  The affected employee may request the commission to
   8-16  subpoena any books, records, documents, papers, accounts, or
   8-17  witnesses that the employee considers pertinent to the case.  The
   8-18  employee must make the request before the 10th day before the date
   8-19  the commission hearing will be held.  If the commission does not
   8-20  subpoena the material, the commission shall, before the third day
   8-21  before the date the hearing will be held, make a written report to
   8-22  the employee stating the reason it will not subpoena the requested
   8-23  material.  This report shall be read into the public record of the
   8-24  commission hearing.
   8-25        (f)  Witnesses may be placed under the rule at the commission
   8-26  hearing.
   8-27        (g)  The commission shall conduct the hearing fairly and
    9-1  impartially as prescribed by this chapter and shall render a just
    9-2  and fair decision.  The commission may consider only the evidence
    9-3  submitted at the hearing.
    9-4        (h)  The commission shall maintain a public record of each
    9-5  proceeding with copies available at cost.
    9-6        Sec. 145.010.  DECISIONS AND RECORDS.  (a)  Each concurring
    9-7  commission member shall sign a decision issued by the commission.
    9-8        (b)  The commission shall keep records of each hearing or
    9-9  case that comes before the commission.
   9-10        (c)  Each rule, opinion, directive, decision, or order issued
   9-11  by the commission must be written and constitutes a public record
   9-12  that the commission shall retain on file.
   9-13        Sec. 145.011.  DIRECTOR.  (a)  On adoption of this chapter,
   9-14  the office of director of municipal employees civil service is
   9-15  established in the municipality.  The commission shall appoint the
   9-16  director.  The director shall serve as secretary to the commission
   9-17  and perform work incidental to the civil service system as required
   9-18  by the commission.  The commission may remove the director at any
   9-19  time.
   9-20        (b)  A person appointed as director must meet each
   9-21  requirement for appointment to the commission prescribed by Section
   9-22  145.005(c).
   9-23        (c)  A person appointed as director may be a commission
   9-24  member, a municipal employee, or some other person.
   9-25        (d)  The municipality's governing body shall determine the
   9-26  salary, if any, to be paid to the director.
   9-27        (e)  If, immediately before this chapter takes effect in a
   10-1  municipality, the municipality has a duly and legally constituted
   10-2  director of fire fighters' and police officers' civil service,
   10-3  regardless of title, that director shall continue in office as the
   10-4  director established by this section and shall administer the civil
   10-5  service system as prescribed by this chapter.
   10-6        Sec. 145.012.  APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD.
   10-7  (a)  Unless elected, each department head is appointed by the
   10-8  municipality's chief executive and confirmed by the municipality's
   10-9  governing body.  In a municipality having an elected fire or police
  10-10  commissioner, each department head in the fire or police department
  10-11  is appointed by the fire or police commissioner in whose department
  10-12  the vacancy exists and is confirmed by the municipality's governing
  10-13  body.
  10-14        (b)  A person appointed as head of a fire department must be
  10-15  eligible for certification by the Commission on Fire Protection
  10-16  Personnel Standards and Education at the intermediate level or its
  10-17  equivalent as determined by that commission and must have served as
  10-18  a fully paid fire fighter for at least five years.  A person
  10-19  appointed as head of a police department must be eligible for
  10-20  certification by the Commission on Law Enforcement Officer
  10-21  Standards and Education at the intermediate level or its equivalent
  10-22  as determined by that commission and must have served as a bona
  10-23  fide law enforcement officer for at least five years.
  10-24        (c)  Except as provided by Subsection (d), if a person is
  10-25  removed from the position of department head, the person shall be
  10-26  reinstated in the department and placed in a position with a rank
  10-27  not lower than that held by the person immediately before
   11-1  appointment as department head.  The person retains all rights of
   11-2  seniority in the department.
   11-3        (d)  If a person serving as department head is charged with
   11-4  an offense in violation of civil service rules and is dismissed
   11-5  from the civil service or discharged from his position as
   11-6  department head, the person has the same rights and privileges of a
   11-7  hearing before the commission and in the same manner and under the
   11-8  same conditions as a classified employee.  If the commission finds
   11-9  that the charges are untrue or unfounded, the person shall
  11-10  immediately be restored to the same classification that the person
  11-11  held before appointment as department head.  The person has all the
  11-12  rights and privileges of the prior position according to seniority
  11-13  and shall be paid his full salary for the time of suspension.
  11-14        Sec. 145.013.  APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED
  11-15  IMMEDIATELY BELOW DEPARTMENT HEAD.  (a)  If approved by the
  11-16  governing body of the municipality by resolution or ordinance, a
  11-17  department head in the municipality in which at least four
  11-18  classifications exist below the classification of department head
  11-19  may appoint each person occupying an authorized position in the
  11-20  classification immediately below that of department head, as
  11-21  prescribed by this section.  The classification immediately below
  11-22  that of department head may include a person who has a different
  11-23  title but has the same pay grade.
  11-24        (b)  A person appointed to a position in the classification
  11-25  immediately below that of the head of the police department must:
  11-26              (1)  be employed by the municipality's police
  11-27  department as a sworn police officer;
   12-1              (2)  have at least two years' continuous service in
   12-2  that department as a sworn police officer; and
   12-3              (3)  meet the requirements for appointment as head of a
   12-4  police department prescribed by Section 145.012(b).
   12-5        (c)  A person appointed to a position in the classification
   12-6  immediately below that of the head of the fire department must:
   12-7              (1)  be employed by the municipality's fire department;
   12-8              (2)  have a permanent classification in at least an
   12-9  officer level; and
  12-10              (3)  meet the requirements for appointment as head of a
  12-11  fire department prescribed by Section 145.012(b).
  12-12        (d)  The department head shall make each appointment under
  12-13  this section within 90 days after the date a vacancy occurs in the
  12-14  position.
  12-15        (e)  A person appointed under this section serves at the
  12-16  pleasure of the department head.  A person who is removed from the
  12-17  position by the department head shall be reinstated in the
  12-18  department and placed in the same classification, or its
  12-19  equivalent, that the person held before appointment.  The person
  12-20  retains all rights of seniority in the department.
  12-21        (f)  If a person appointed under this section is charged with
  12-22  an offense in violation of civil service rules and indefinitely
  12-23  suspended by the department head, the person has the same rights
  12-24  and privileges of a hearing before the commission in the same
  12-25  manner and under the same conditions as a classified employee.  If
  12-26  the commission, a hearing examiner, or a court of competent
  12-27  jurisdiction finds the charges to be untrue or unfounded, the
   13-1  person shall immediately be restored to the same classification, or
   13-2  its equivalent, that the person held before appointment.  The
   13-3  person has all the rights and privileges of the prior position
   13-4  according to seniority, and shall be repaid for any lost wages.
   13-5        (g)  A person serving under permanent appointment in a
   13-6  position in the classification immediately below that of the
   13-7  department head on the implementation date of this chapter in the
   13-8  municipality is not required to meet the requirements of this
   13-9  section or to be appointed or reappointed as a condition of tenure
  13-10  or continued employment.
  13-11        Sec. 145.014.  APPEAL OF COMMISSION DECISION TO DISTRICT
  13-12  COURT.  (a)  If an employee is dissatisfied with any commission
  13-13  decision, the employee may file a petition in district court asking
  13-14  that the decision be set aside.  The petition must be filed within
  13-15  10 days after the date the final commission decision:
  13-16              (1)  is sent to the employee by certified mail; or
  13-17              (2)  is personally received by the employee or by that
  13-18  person's designee.
  13-19        (b)  An appeal under this section is by trial de novo.  The
  13-20  district court may grant the appropriate legal or equitable relief
  13-21  necessary to carry out the purposes of this chapter.  The relief
  13-22  may include reinstatement or promotion with back pay if an order of
  13-23  suspension, dismissal, or demotion is set aside.
  13-24        (c)  The court may award reasonable attorney's fees to the
  13-25  prevailing party and assess court costs against the nonprevailing
  13-26  party.
  13-27        (d)  If the court finds for the employee, the court shall
   14-1  order the municipality to pay lost wages to the employee.
   14-2        Sec. 145.015.  PENALTY FOR VIOLATION OF CHAPTER.  (a)  An
   14-3  employee commits an offense if the person violates this chapter.
   14-4        (b)  An offense under this section or Section 145.007 is a
   14-5  misdemeanor punishable by a fine of not less than $10 or more than
   14-6  $100, confinement in the county jail for not more than 30 days, or
   14-7  both fine and confinement.
   14-8           (Sections 145.016-145.020 reserved for expansion
   14-9             SUBCHAPTER B.  CLASSIFICATION AND APPOINTMENT
  14-10        Sec. 145.021.  CLASSIFICATION; EXAMINATION REQUIREMENT.  (a)
  14-11  The commission shall provide for the classification of all
  14-12  employees.  The municipality's governing body shall establish the
  14-13  classifications by ordinance.  The governing body by ordinance
  14-14  shall prescribe the number of positions in each classification.
  14-15        (b)  Except for the department head and a person the
  14-16  department head appoints in accordance with Section 145.013, each
  14-17  employee is classified as prescribed by this subchapter and has
  14-18  civil service protection.  The failure of the governing body to
  14-19  establish a position by ordinance does not result in the loss of
  14-20  civil service benefits by a person entitled to civil service
  14-21  protection or appointed to the position in substantial compliance
  14-22  with this chapter.
  14-23        (c)  Except as provided by Sections 145.012 and 145.013, an
  14-24  existing position or classification or a position or classification
  14-25  created in the future either by name or by increase in salary may
  14-26  be filled only from an eligibility list that results from an
  14-27  examination held in accordance with this chapter.
   15-1        Sec. 145.022.  EMPLOYMENT REQUIREMENTS AND EXAMINATIONS.  (a)
   15-2  The commission shall set the requirements for applicants for
   15-3  beginning and promotional positions in accordance with this
   15-4  chapter.  The requirements must be the same for all applicants.
   15-5        (b)  The commission shall require each applicant for a
   15-6  beginning or a promotional position to take an appropriate physical
   15-7  examination.  The commission may require each applicant for a
   15-8  beginning position to take a mental examination.  The examination
   15-9  shall be administered by a physician, psychiatrist, or
  15-10  psychologist, as appropriate, appointed by the commission.  The
  15-11  municipality shall pay for each examination.
  15-12        (c)  If an applicant is rejected by the physician,
  15-13  psychiatrist, or psychologist, as appropriate, the applicant may
  15-14  request another examination by a board of three physicians,
  15-15  psychiatrists, or psychologists, as appropriate, appointed by the
  15-16  commission.  The applicant must pay for the board examination.  The
  15-17  board's decision is final.
  15-18        Sec. 145.023.  ELIGIBILITY FOR BEGINNING POSITION.  (a)  A
  15-19  person may not take an entrance examination for a beginning
  15-20  position in the municipality unless the person is at least 18 years
  15-21  of age.
  15-22        (b)  An applicant may not be certified as eligible for a
  15-23  beginning position with a fire department unless the applicant
  15-24  meets all legal requirements necessary to become eligible for
  15-25  future certification by the Commission on Fire Protection Personnel
  15-26  Standards and Education.
  15-27        (c)  An applicant may not be certified as eligible for a
   16-1  beginning position with a police department unless the applicant
   16-2  meets all legal requirements necessary to become eligible for
   16-3  future licensing by the Commission on Law Enforcement Officer
   16-4  Standards and Education.
   16-5        Sec. 145.024.  ENTRANCE EXAMINATION NOTICE.  (a)  Before the
   16-6  10th day before the date an entrance examination is held, the
   16-7  commission shall cause a notice of the examination to be posted in
   16-8  plain view on a bulletin board located in the main lobby of the
   16-9  municipality's main office, the lobby of the building in which the
  16-10  governing body of the municipality meets, and in the commission's
  16-11  office.  The notice must show the position to be filled or for
  16-12  which the examination is to be held, and the date, time, and place
  16-13  of the examination.
  16-14        (b)  The notice required by Subsection (a) must also state
  16-15  the period during which the eligibility list created as a result of
  16-16  the examination will be effective.
  16-17        Sec. 145.025.  ENTRANCE EXAMINATIONS.  (a)  The commission
  16-18  shall provide for open, competitive, and free entrance examinations
  16-19  to provide eligibility lists for beginning positions in the
  16-20  departments of the municipality.  The examinations are open to each
  16-21  person who makes a proper application and meets the requirements
  16-22  prescribed by this chapter.
  16-23        (b)  An eligibility list for a beginning position in a
  16-24  department of the municipality may be created only as a result of a
  16-25  competitive examination held in the presence of each applicant for
  16-26  the position.  The examination must be based on the person's
  16-27  knowledge of and qualifications for work in the department and must
   17-1  inquire into the applicant's general education and mental ability.
   17-2  A person may not be appointed to the department of a municipality
   17-3  except as a result of the examination.
   17-4        (c)  An applicant may not take an examination unless at least
   17-5  one other applicant taking the examination is present.
   17-6        (d)  Examinations for beginning positions in the department
   17-7  of a municipality may be held at different locations if each
   17-8  applicant takes the same examination and is examined in the
   17-9  presence of other applicants.
  17-10        (e)  An additional five points shall be added to the
  17-11  examination grade of an applicant who served in the United States
  17-12  armed forces, received an honorable discharge, and made a passing
  17-13  grade on the examination.
  17-14        (f)  An applicant may not take the examination for a
  17-15  particular eligibility list more than once.
  17-16        (g)  The commission shall keep each eligibility list for a
  17-17  beginning position in effect for a period of not less than six
  17-18  months or more than 12 months, unless the names of all applicants
  17-19  on the list have been referred to the appropriate department.  The
  17-20  commission shall determine the length of the period.
  17-21        (h)  The grade to be placed on the eligibility list for each
  17-22  applicant shall be computed by adding an applicant's points under
  17-23  Subsection (e), if any, to the applicant's grade on the written
  17-24  examination.  Each applicant's grade on the written examination is
  17-25  based on a maximum grade of 100 percent and is determined entirely
  17-26  by the correctness of the applicant's answers to the questions.
  17-27  The minimum passing grade on the examination is 70 percent.  An
   18-1  applicant must pass the examination to be placed on an eligibility
   18-2  list.
   18-3        Sec. 145.026.  PROCEDURE FOR FILLING BEGINNING POSITIONS.
   18-4  (a)  When a vacancy occurs in a beginning position in a
   18-5  department, the department head shall request in writing from the
   18-6  commission the names of suitable persons from the eligibility list.
   18-7  The director shall certify to the municipality's chief executive
   18-8  the names of the three persons having the highest grades on the
   18-9  eligibility list.
  18-10        (b)  From the three names certified, the chief executive
  18-11  shall appoint the person having the highest grade unless there is a
  18-12  valid reason why the person having the second or third highest
  18-13  grade should be appointed.
  18-14        (c)  If the chief executive does not appoint the person
  18-15  having the highest grade, the chief executive shall clearly set
  18-16  forth in writing the good and sufficient reason why the person
  18-17  having the highest grade was not appointed.
  18-18        (d)  The reason required by Subsection (c) shall be filed
  18-19  with the commission and a copy provided to the person having the
  18-20  highest grade.  If the chief executive appoints the person having
  18-21  the third highest grade, a copy of the report shall also be
  18-22  furnished to the person having the second highest grade.
  18-23        Sec. 145.027.  PROBATIONARY PERIOD.  (a)  A person appointed
  18-24  to a beginning position in a department must serve a probationary
  18-25  period of one year beginning on that person's date of employment as
  18-26  a municipal employee.
  18-27        (b)  During an employee's probationary period, the department
   19-1  head shall discharge the person and remove the person from the
   19-2  payroll if the person's appointment was not regular or was not made
   19-3  in accordance with this chapter or the commission rules.
   19-4        (c)  During an employee's probationary period, the person may
   19-5  not be prohibited from joining or required to join an employee
   19-6  organization.  Joining or not joining an employee organization is
   19-7  not a ground for retaining or not retaining an employee serving a
   19-8  probationary period.
   19-9        (d)  An employee who was appointed in substantial compliance
  19-10  with this chapter and who serves the entire probationary period
  19-11  automatically becomes a full-fledged civil service employee and has
  19-12  full civil service protection.
  19-13        Sec. 145.028.  ELIGIBILITY FOR PROMOTION.  (a)  Except as
  19-14  provided by Section 145.012, an employee is not eligible for
  19-15  promotion unless the person has served in that department in the
  19-16  next lower position or other positions specified by the commission
  19-17  for at least two years at any time before the date the promotional
  19-18  examination is held.
  19-19        (b)  A police officer or fire fighter is not eligible for
  19-20  promotion unless the person has served in that police or fire
  19-21  department in the next lower position or other positions specified
  19-22  by the commission for at least two years immediately before the
  19-23  date the promotional examination is held.  A police officer or fire
  19-24  fighter is not eligible for promotion to the rank of captain or its
  19-25  equivalent unless the person has at least four years' actual
  19-26  service in that police or fire department.
  19-27        (c)  If a person is recalled on active military duty for not
   20-1  more than 24 months, the two-year service requirements prescribed
   20-2  by Subsections (a) and (b) do not apply and the person is entitled
   20-3  to have time spent on active military duty considered as duty in
   20-4  the department.  If the active military duty exceeds 12 months, the
   20-5  person on return must serve in the department for 90 days before
   20-6  the person is eligible to participate in a promotional examination.
   20-7  This time is considered necessary to bring the person up to date on
   20-8  equipment and techniques.
   20-9        Sec. 145.029.  PROMOTIONAL EXAMINATION NOTICE.  (a)  Before
  20-10  the 90th day before the date a promotional examination is held, the
  20-11  commission shall post a notice that lists the sources from which
  20-12  the examination questions will be taken.
  20-13        (b)  Before the 30th day before the date a promotional
  20-14  examination is held, the commission shall post a notice of the
  20-15  examination in plain view on a bulletin board located in the main
  20-16  lobby of the city hall, in the main lobby of the department, and in
  20-17  the commission's office.  The notice must show the position to be
  20-18  filled or for which the examination is to be held, and the date,
  20-19  time, and place of the examination.  The commission shall also
  20-20  furnish sufficient copies of the notice for posting in the offices
  20-21  of the department in which the position will be filled.
  20-22        (c)  The notice required by Subsection (b) may also include
  20-23  the name of each source used for the examination, the number of
  20-24  questions taken from each source, and the chapter used in each
  20-25  source.
  20-26        Sec. 145.030.  ELIGIBILITY FOR PROMOTIONAL EXAMINATION.  (a)
  20-27  Each promotional examination is open to each employee who at any
   21-1  time has continuously held for at least two years a position in the
   21-2  classification that is immediately below, in salary, the
   21-3  classification for which the examination is to be held.
   21-4        (b)  If the department has adopted a classification plan that
   21-5  classifies positions on the basis of similarity in duties and
   21-6  responsibilities, each promotional examination is open to each
   21-7  employee who has continuously held for at least two years a
   21-8  position at the next lower pay grade, if it exists, in the
   21-9  classification for which the examination is to be held.
  21-10        (c)  If there are not enough employees in the next lower
  21-11  position with two years' service in that position to provide an
  21-12  adequate number of persons to take the examination, the commission
  21-13  may open the examination to persons in that position with less than
  21-14  two years' service.  If there is still an insufficient number, the
  21-15  commission may open the examination to persons with at least two
  21-16  years' experience in the second lower position, in salary, to the
  21-17  position for which the examination is to be held.
  21-18        (d)  If an employee had previously terminated the employee's
  21-19  employment with the department and is subsequently reemployed by
  21-20  the same department, the employee must again meet the two-year
  21-21  service requirement for eligibility to take a promotional
  21-22  examination.  In determining if an employee has met the two-year
  21-23  service requirement, a department may not consider service in a
  21-24  department in another municipality.
  21-25        (e)  This section does not prohibit lateral crossover between
  21-26  classes.
  21-27        Sec. 145.031.  PROMOTIONAL EXAMINATION PROCEDURE.  (a)  The
   22-1  commission shall adopt rules governing promotions and shall hold
   22-2  promotional examinations to provide eligibility lists for each
   22-3  classification in the departments of a municipality.  The
   22-4  examinations shall be held substantially as prescribed by this
   22-5  section.
   22-6        (b)  Each eligible promotional candidate shall be given an
   22-7  identical examination in the presence of the other eligible
   22-8  promotional candidates.
   22-9        (c)  The examination must be entirely in writing and may not
  22-10  in any part consist of an oral interview.
  22-11        (d)  The examination questions must test the knowledge of the
  22-12  eligible promotional candidates about information and facts and
  22-13  must be based on:
  22-14              (1)  the duties of the position for which the
  22-15  examination is held;
  22-16              (2)  material that is of reasonably current publication
  22-17  and that has been made reasonably available to each member of the
  22-18  department involved in the examination; and
  22-19              (3)  any study course given by the departmental schools
  22-20  of instruction.
  22-21        (e)  The examination questions must be taken from the sources
  22-22  posted as prescribed by Section 145.029(a).  Employees may suggest
  22-23  source materials for the examinations.
  22-24        (f)  The examination questions must be prepared and composed
  22-25  so that the grading of the examination can be promptly completed
  22-26  immediately after the examination is over.
  22-27        (g)  The director is responsible for the preparation and
   23-1  security of each promotional examination.  The fairness of the
   23-2  competitive promotional examination is the responsibility of the
   23-3  commission, the director, and each municipal employee involved in
   23-4  the preparation or administration of the examination.
   23-5        (h)  A person commits an offense if the person knowingly or
   23-6  intentionally:
   23-7              (1)  reveals a part of a promotional examination to an
   23-8  unauthorized person; or
   23-9              (2)  receives from an authorized or unauthorized person
  23-10  a part of a promotional examination for unfair personal gain or
  23-11  advantage.
  23-12        (i)  An offense under Subsection (h) is a misdemeanor
  23-13  punishable by a fine of not less than $1,000, confinement in the
  23-14  county jail for not more than one year, or both the fine and the
  23-15  confinement.
  23-16        Sec. 145.032.  PROMOTIONAL EXAMINATION GRADES.  (a)  The
  23-17  grading of each promotional examination shall begin when one
  23-18  eligible promotional candidate completes the examination.  As the
  23-19  eligible promotional candidates finish the examination, the
  23-20  examinations shall be graded at the examination location and in the
  23-21  presence of any candidate who wants to remain during the grading.
  23-22        (b)  Each employee is entitled to receive one point for each
  23-23  year of seniority as a classified employee in that department, with
  23-24  a maximum of 10 points.
  23-25        (c)  The grade that must be placed on the eligibility list
  23-26  for each employee shall be computed by adding the applicant's
  23-27  points for seniority to the applicant's grade on the written
   24-1  examination.  Each applicant's grade on the written examination is
   24-2  based on a maximum grade of 100 points and is determined entirely
   24-3  by the correctness of the applicant's answers to the questions.
   24-4  All applicants who receive a grade of at least 70 points shall be
   24-5  determined to have passed the examination.  If a tie score occurs,
   24-6  the commission shall determine a method to break the tie.
   24-7        (d)  Within 24 hours after a promotional examination is held,
   24-8  the commission shall post the individual raw test scores on a
   24-9  bulletin board located in the main lobby of the city hall.
  24-10        Sec. 145.033.  REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.
  24-11  (a)  On request, each eligible promotional candidate from the
  24-12  department is entitled to examine the person's promotional
  24-13  examination and answers, the examination grading, and the source
  24-14  material for the examination.  If dissatisfied, the candidate may
  24-15  appeal, within five business days, to the commission for review in
  24-16  accordance with this chapter.  In computing this period, a
  24-17  Saturday, Sunday, or legal holiday is not considered a business
  24-18  day.
  24-19        (b)  The eligible promotional candidate may not remove the
  24-20  examination or copy a question used in the examination.
  24-21        Sec. 145.034.  PROCEDURE FOR MAKING PROMOTIONAL APPOINTMENTS.
  24-22  (a)  When a vacancy occurs in a nonentry position that is not
  24-23  appointed by the department head as provided by Section 145.013,
  24-24  the vacancy shall be filled as prescribed by this section.
  24-25        (b)  If an eligibility list for the position to be filled
  24-26  exists on the date the vacancy occurs, the director, on request by
  24-27  the department head, shall certify to the department head the names
   25-1  of the three persons having the highest grades on that eligibility
   25-2  list.  The commission shall certify the names within 10 days after
   25-3  the date the commission is notified of the vacancy.  If fewer than
   25-4  three names remain on the eligibility list or if only one or two
   25-5  eligible promotional candidates passed the promotional examination,
   25-6  each name on the list must be submitted to the department head.
   25-7        (c)  The commission shall submit names from an existing
   25-8  eligibility list to the department head until the vacancy is filled
   25-9  or the list is exhausted.
  25-10        (d)  If an eligibility list does not exist on the date a
  25-11  vacancy occurs or a new position is created, the commission shall
  25-12  hold an examination to create a new eligibility list within 90 days
  25-13  after the date the vacancy occurs or a new position is created.
  25-14        (e)  If an eligibility list exists on the date a vacancy
  25-15  occurs, the department head shall fill the vacancy by permanent
  25-16  appointment from the eligibility list furnished by the commission
  25-17  within 60 days after the date the vacancy occurs.  If an
  25-18  eligibility list does not exist, the department head shall fill the
  25-19  vacancy by permanent appointment from an eligibility list that the
  25-20  commission shall provide within 90 days after the date the vacancy
  25-21  occurs.
  25-22        (f)  Unless the department head has a valid reason for not
  25-23  appointing the person, the department head shall appoint the
  25-24  eligible promotional candidate having the highest grade on the
  25-25  eligibility list.  If the department head has a valid reason for
  25-26  not appointing the eligible promotional candidate having the
  25-27  highest grade, the department head shall personally discuss the
   26-1  reason with the person being bypassed before appointing another
   26-2  person.  The department head shall also file the reason in writing
   26-3  with the commission.  On application of the bypassed eligible
   26-4  promotional candidate, the reason the department head did not
   26-5  appoint that person is subject to review by the commission.
   26-6        (g)  If a person is bypassed, the person's name is returned
   26-7  to its place on the eligibility list and shall be resubmitted to
   26-8  the department head if a vacancy occurs.  If the department head
   26-9  refuses three times to appoint a person, files the reasons for the
  26-10  refusals in writing with the commission, and the commission does
  26-11  not set aside the refusals, the person's name shall be removed from
  26-12  the eligibility list.
  26-13        (h)  Each promotional eligibility list remains in existence
  26-14  for one year after the date on which the written examination is
  26-15  given, unless exhausted.  At the expiration of the one-year period,
  26-16  the eligibility list expires and a new examination may be held.
  26-17        Sec. 145.035.  RECORD OF CERTIFICATION AND APPOINTMENT.  (a)
  26-18  When a person is certified and appointed to a position in a
  26-19  department, the director shall forward the appointed person's
  26-20  record to the proper department head.  The director shall also
  26-21  forward a copy of the record to the chief executive and shall
  26-22  retain a copy in the civil service files.
  26-23        (b)  The record must contain:
  26-24              (1)  the date notice of examination for the position
  26-25  was posted;
  26-26              (2)  the date on which the appointed person took the
  26-27  examination;
   27-1              (3)  the name of each person who conducted the
   27-2  examination;
   27-3              (4)  the relative position of the appointed person on
   27-4  the eligibility list;
   27-5              (5)  the date the appointed person took the physical
   27-6  examination, the name of the examining physician, and whether the
   27-7  person was accepted or rejected;
   27-8              (6)  the date the request to fill the vacancy was made;
   27-9              (7)  the date the appointed person was notified to
  27-10  report for duty; and
  27-11              (8)  the date the appointed person's pay is to start.
  27-12        (c)  If the director intentionally fails to comply with this
  27-13  section, the commission shall immediately remove the director from
  27-14  office.
  27-15        (d)  The director's failure to comply with this section does
  27-16  not affect the civil service status of an employee.
  27-17        Sec. 145.036.  TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
  27-18  (a)  The department head may designate a person from the next lower
  27-19  classification to temporarily fill a position in a higher
  27-20  classification.  The designated person is entitled to the base
  27-21  salary of the higher position plus the person's own longevity or
  27-22  seniority pay, educational incentive pay, and certification pay
  27-23  during the time the person performs the duties.
  27-24        (b)  The temporary performance of the duties of a higher
  27-25  position by a person who has not been promoted as prescribed by
  27-26  this chapter may not be construed as a promotion.
  27-27           (Sections 145.037-145.040 reserved for expansion
   28-1                      SUBCHAPTER C.  COMPENSATION
   28-2        Sec. 145.041.  SALARY.  (a)  Except as provided by Section
   28-3  145.036, all employees in the same classification are entitled to
   28-4  the same base salary.
   28-5        (b)  In addition to the base salary, an employee is entitled
   28-6  to each of the following types of pay, if applicable:
   28-7              (1)  longevity or seniority pay; and
   28-8              (2)  assignment pay as authorized by Section 145.042.
   28-9        Sec. 145.042.  ASSIGNMENT PAY.   (a)  The governing body of a
  28-10  municipality may authorize assignment pay for employees who perform
  28-11  specialized functions in their respective departments.
  28-12        (b)  The assignment pay is in an amount and is payable under
  28-13  conditions set by ordinance and is in addition to the regular pay
  28-14  received by members of the department.
  28-15        (c)  If the ordinance applies equally to each person who
  28-16  meets the criteria established by the ordinance, the ordinance may
  28-17  provide for payment to each employee who meets training or
  28-18  education criteria for an assignment or the ordinance may set
  28-19  criteria that provide for payment only to an employee in a special
  28-20  assignment.
  28-21        (d)  A department head is not eligible for the assignment pay
  28-22  authorized by this section.
  28-23        Sec. 145.043.  ACCUMULATION AND PAYMENT OF SICK LEAVE.  (a)
  28-24  A permanent or temporary employee is allowed sick leave with pay
  28-25  accumulated at the rate of 1-1/4  full working days for each full
  28-26  month employed in a calendar year, so as to total 15 working days
  28-27  to a person's credit each 12 months.
   29-1        (b)  An employee may accumulate sick leave without limit and
   29-2  may use the leave if unable to work because of a bona fide illness.
   29-3  If an ill employee exhausts the sick leave and can conclusively
   29-4  prove that the illness was incurred in the performance of duties,
   29-5  an extension of sick leave shall be granted.
   29-6        (c)  An employee who leaves the classified service for any
   29-7  reason is entitled to receive in a lump-sum payment the full amount
   29-8  of the person's salary for accumulated sick leave if the person has
   29-9  accumulated not more than 90 days of sick leave.  If an employee
  29-10  has accumulated more than 90 working days of sick leave, the
  29-11  person's employer may limit payment to the amount that the person
  29-12  would have received if the person had been allowed to use 90 days
  29-13  of accumulated sick leave during the last six months of employment.
  29-14  The lump-sum payment is computed by compensating the employee for
  29-15  the accumulated time at the highest permanent pay classification
  29-16  for which the person was eligible during the last six months of
  29-17  employment.  The employee is paid for the same period for which the
  29-18  person would have been paid if the person had taken the sick leave
  29-19  but does not include additional holidays and any sick leave or
  29-20  vacation time that the person might have accrued during the 90
  29-21  days.
  29-22        (d)  To facilitate the settlement of the accounts of a
  29-23  deceased employee, all unpaid compensation, including all
  29-24  accumulated sick leave, due at the time of death to an active
  29-25  employee who dies as a result of a line-of-duty injury or illness,
  29-26  shall be paid to the persons in the first applicable category of
  29-27  the following prioritized list:
   30-1              (1)  to the beneficiary or beneficiaries the employee
   30-2  designated in writing to receive the compensation and filed with
   30-3  the commission before the person's death;
   30-4              (2)  to the employee's surviving spouse;
   30-5              (3)  to the employee's child or children and to the
   30-6  descendants of a deceased child, by representation;
   30-7              (4)  to the employee's parents or to their survivors;
   30-8  or
   30-9              (5)  to the properly appointed legal representative of
  30-10  the employee's estate, or in the absence of a representative, to
  30-11  the person determined to be entitled to the payment under the state
  30-12  law of descent and distribution.
  30-13        (e)  Payment of compensation to a person in accordance with
  30-14  Subsection (d) is a bar to recovery by another person.
  30-15        Sec. 145.044.  VACATIONS.  (a)  Each employee is entitled to
  30-16  earn a minimum of 15 working days' vacation leave with pay in each
  30-17  year.
  30-18        (b)  In computing the length of time an employee may be
  30-19  absent from work on vacation leave, only those calendar days during
  30-20  which the person would be required to work if not on vacation may
  30-21  be counted as vacation days.
  30-22        (c)  Unless approved by the municipality's governing body, an
  30-23  employee may not accumulate vacation leave from year to year.
  30-24           (Sections 145.045-145.050 reserved for expansion
  30-25                  SUBCHAPTER D.  DISCIPLINARY ACTIONS
  30-26        Sec. 145.051.  CAUSE FOR REMOVAL OR SUSPENSION.  A commission
  30-27  rule prescribing cause for removal or suspension of an employee is
   31-1  not valid unless it involves one or more of the following grounds:
   31-2              (1)  conviction of a felony or other crime involving
   31-3  moral turpitude;
   31-4              (2)  violations of a municipal charter provision;
   31-5              (3)  acts of incompetency;
   31-6              (4)  neglect of duty;
   31-7              (5)  discourtesy to the public or to a fellow employee
   31-8  while the employee is in the line of duty;
   31-9              (6)  acts showing lack of good moral character;
  31-10              (7) drinking intoxicants while on duty or intoxication
  31-11  while off duty;
  31-12              (8)  conduct prejudicial to good order;
  31-13              (9)  refusal or neglect to pay just debts;
  31-14              (10)  absence without leave;
  31-15              (11)  shirking duty; or
  31-16              (12)  violation of an applicable department rule or
  31-17  special order.
  31-18        Sec. 145.052.  DISCIPLINARY SUSPENSIONS.  (a)  The department
  31-19  head may suspend an employee  under the department head's
  31-20  supervision or jurisdiction for the violation of a civil service
  31-21  rule.  The suspension may be for a reasonable period not to exceed
  31-22  15 calendar days or for an indefinite period.  An indefinite
  31-23  suspension is equivalent to dismissal from the department.
  31-24        (b)  If the department head suspends an employee, the
  31-25  department head shall, within 120 hours after the hour of
  31-26  suspension, file a written statement with the commission giving the
  31-27  reasons for the suspension.  The department head shall immediately
   32-1  deliver a copy of the statement in person to the suspended
   32-2  employee.
   32-3        (c)  The copy of the written statement must inform the
   32-4  suspended employee that if the person wants to appeal to the
   32-5  commission, the person must file a written appeal with the
   32-6  commission within 10 days after the date the person receives the
   32-7  copy of the statement.
   32-8        (d)  The written statement filed by the department head with
   32-9  the commission must point out each civil service rule alleged to
  32-10  have been violated by the suspended employee and must describe the
  32-11  alleged acts of the person that the department head contends are in
  32-12  violation of the civil service rules.  It is not sufficient for the
  32-13  department head merely to refer to the provisions of the rules
  32-14  alleged to have been violated.
  32-15        (e)  If the department head does not specifically point out
  32-16  in the written statement the act or acts of the employee that
  32-17  allegedly violated the civil service rules, the commission shall
  32-18  promptly reinstate the person.
  32-19        (f)  If offered by the department head, the employee may
  32-20  agree in writing to voluntarily accept, with no right of appeal, a
  32-21  suspension of 16 to 90 calendar days for the violation of a civil
  32-22  service rule.   The employee must accept the offer within five
  32-23  working days after the date the offer is made.  If the person
  32-24  refuses the offer and wants to appeal to the commission, the person
  32-25  must file a written appeal with the commission within 15 days after
  32-26  the date the person receives the copy of the written statement of
  32-27  suspension.
   33-1        (g)  In the original written statement and charges and in any
   33-2  hearing conducted under this chapter, the department head may not
   33-3  complain of an act that occurred earlier than the 180th day
   33-4  preceding the date the department head suspends the employee.  If
   33-5  the act is allegedly related to criminal activity including the
   33-6  violation of a federal, state, or local law for which the employee
   33-7  is subject to a criminal penalty, the department head may not
   33-8  complain of an act that is discovered earlier than the 180th day
   33-9  preceding the date the department head suspends the employee.  The
  33-10  department head must allege that the act complained of is related
  33-11  to criminal activity.
  33-12        Sec. 145.053.  APPEAL OF DISCIPLINARY SUSPENSION.  (a)  If a
  33-13  suspended employee appeals the suspension to the commission, the
  33-14  commission shall hold a hearing and render a decision in writing
  33-15  within 30 days after the date it receives notice of appeal.  The
  33-16  suspended person and the commission may agree to postpone the
  33-17  hearing for a definite period.
  33-18        (b)  In a hearing conducted under this section, the
  33-19  department head is restricted to the department head's original
  33-20  written statement and charges, which may not be amended.
  33-21        (c)  The commission may deliberate the decision in closed
  33-22  session but may not consider evidence that was not presented at the
  33-23  hearing.  The commission shall vote in open session.
  33-24        (d)  In its decision, the commission shall state whether the
  33-25  suspended employee is:
  33-26              (1)  permanently dismissed from the department;
  33-27              (2)  temporarily suspended from the department; or
   34-1              (3)  restored to the person's former position or status
   34-2  in the department's classified service.
   34-3        (e)  If the commission finds that the period of disciplinary
   34-4  suspension should be reduced, the commission may order a reduction
   34-5  in the period of suspension.  If the suspended employee is restored
   34-6  to the position or class of service from which the person was
   34-7  suspended, the employee is entitled to full compensation for the
   34-8  actual time lost as a result of the suspension at the rate of pay
   34-9  provided for the position or class of service from which the person
  34-10  was suspended.
  34-11        (f)  The commission may suspend or dismiss an employee only
  34-12  for violation of civil service rules and only after a finding by
  34-13  the commission of the truth of specific charges against the
  34-14  employee.
  34-15        Sec. 145.054.  DEMOTIONS.  (a)  If the head of a department
  34-16  wants an employee under the department head's supervision or
  34-17  jurisdiction to be involuntarily demoted, the department head may
  34-18  recommend in writing to the commission that the commission demote
  34-19  the employee.
  34-20        (b)  The department head must include in the recommendation
  34-21  for demotion the reasons the department head recommends the
  34-22  demotion and a request that the commission order the demotion.  The
  34-23  department head must immediately furnish a copy of the
  34-24  recommendation in person to the affected employee.
  34-25        (c)  The commission may refuse to grant the request for
  34-26  demotion.  If the commission believes that probable cause exists
  34-27  for ordering the demotion, the commission shall give the employee
   35-1  written notice  to appear before the commission for a public
   35-2  hearing at a time and place specified in the notice.  The
   35-3  commission shall give the notice before the 10th day before the
   35-4  date the hearing will be held.
   35-5        (d)  The employee is entitled to a full and complete public
   35-6  hearing, and the commission may not demote an employee without that
   35-7  public hearing.
   35-8        (e)  A voluntary demotion in which the employee has accepted
   35-9  the terms of the demotion in writing is not subject to this
  35-10  section.
  35-11        Sec. 145.055.  UNCOMPENSATED DUTY.  (a)  In this section,
  35-12  "uncompensated duty" means days of work without pay that are in
  35-13  addition to regular or normal workdays.
  35-14        (b)  The head of a department may assign an employee to
  35-15  uncompensated duty.  The department head may not impose
  35-16  uncompensated duty unless the employee agrees to accept the duty.
  35-17  If the employee agrees to accept uncompensated duty, the department
  35-18  head shall give the person a written statement that specifies the
  35-19  date or dates on which the person will perform uncompensated duty.
  35-20        (c)  Uncompensated duty may be in place of or in combination
  35-21  with a period of disciplinary suspension without pay.  If
  35-22  uncompensated duty is combined with a disciplinary suspension, the
  35-23  total number of uncompensated days may not exceed 15.
  35-24        (d)  An employee may not earn or accrue any wage, salary, or
  35-25  benefit arising from length of service while the person is
  35-26  suspended or performing uncompensated duty.  The days on which an
  35-27  employee performs assigned uncompensated duty may not be taken into
   36-1  consideration in determining eligibility for a promotional
   36-2  examination.  A disciplinary suspension does not constitute a break
   36-3  in a continuous position or in service in the department in
   36-4  determining eligibility for a promotional examination.
   36-5        (e)  Except as provided by this section, an employee who
   36-6  performs assigned uncompensated duty retains all rights and
   36-7  privileges of the person's position in the department and of the
   36-8  person's employment by the municipality.
   36-9        Sec. 145.056.  PROCEDURES AFTER FELONY INDICTMENT OR
  36-10  MISDEMEANOR COMPLAINT.  (a)  If an employee is indicted for a
  36-11  felony or officially charged with the commission of a Class A or B
  36-12  misdemeanor, the department head may temporarily suspend the person
  36-13  with or without pay for a period not to exceed 30 days after the
  36-14  date of final disposition of the specified felony indictment or
  36-15  misdemeanor complaint.
  36-16        (b)  The department head shall notify the employee in writing
  36-17  that the person is being temporarily suspended for a specific
  36-18  period with or without pay and that the temporary suspension is not
  36-19  intended to reflect an opinion on the merits of the indictment  or
  36-20  complaint.
  36-21        (c)  If the action directly related to the felony indictment
  36-22  or misdemeanor complaint occurred or was discovered on or after the
  36-23  180th day before the date of the indictment or complaint, the
  36-24  department head may, within 30 days after the date of final
  36-25  disposition of the indictment or complaint, bring a charge against
  36-26  the employee for a violation of civil service rules.
  36-27        (d)  An employee indicted for a felony or officially charged
   37-1  with the commission of a Class A or B misdemeanor who has also been
   37-2  charged by the department head with civil service violations
   37-3  directly related to the indictment or complaint may delay the civil
   37-4  service hearing for not more than 30 days after the date of the
   37-5  final disposition of the indictment or complaint.
   37-6        (e)  If the department head temporarily suspends an employee
   37-7  under this section and the employee is not found guilty of the
   37-8  indictment or complaint in a court of competent jurisdiction, the
   37-9  employee may appeal to the commission or to a hearing examiner for
  37-10  recovery of back pay.  The commission or hearing examiner may award
  37-11  all or part of the back pay or reject the appeal.
  37-12        (f)  Acquittal or dismissal of an indictment or a complaint
  37-13  does not mean that an employee has not violated civil service
  37-14  rules and does not negate the charges that may have been or may be
  37-15  brought against the employee by the department head.
  37-16        (g)  Conviction of a felony is cause for dismissal, and
  37-17  conviction of a Class A or B misdemeanor may be cause for
  37-18  disciplinary action or indefinite suspension.
  37-19        (h)  The department head may order an indefinite suspension
  37-20  based on an act classified as a felony or a Class A or B
  37-21  misdemeanor after the 180-day period following the date of the
  37-22  discovery of the act by the department if the department head
  37-23  considers delay to be necessary to protect a criminal investigation
  37-24  of the person's conduct.  If the department head intends to order
  37-25  an indefinite suspension after the 180-day period, the department
  37-26  head must file with the attorney general a statement describing the
  37-27  criminal investigation and its objectives within 180 days after the
   38-1  date the act complained of occurred.
   38-2        Sec. 145.057.  HEARING EXAMINERS.  (a)  In addition to the
   38-3  other notice requirements prescribed by this chapter, the letter of
   38-4  disciplinary action issued to an employee must state that in an
   38-5  appeal of an indefinite suspension, a suspension, a promotional
   38-6  passover, or a recommended demotion, the appealing  employee may
   38-7  elect to appeal to an independent third-party hearing examiner
   38-8  instead of to the commission.  The letter must also state that if
   38-9  the employee elects to appeal to a hearing examiner, the person
  38-10  waives all rights to appeal to a district court except as provided
  38-11  by Subsection (j).
  38-12        (b)  To exercise the choice of appealing to a hearing
  38-13  examiner, the appealing employee must submit to the director a
  38-14  written request as part of the original notice of appeal required
  38-15  under this chapter stating the person's decision to appeal to an
  38-16  independent third-party hearing examiner.
  38-17        (c)  The hearing examiner's decision is final and binding on
  38-18  all parties.  If the employee decides to appeal to an independent
  38-19  third-party hearing examiner, the person automatically waives all
  38-20  rights to appeal to a district court except as provided by
  38-21  Subsection (j).
  38-22        (d)  If the appealing employee chooses to appeal to a hearing
  38-23  examiner, the employee and the department head, or their designees,
  38-24  shall first attempt to agree on the selection of an impartial
  38-25  hearing examiner.  If the parties do not agree on the selection of
  38-26  a hearing examiner on or within 10 days after the date the appeal
  38-27  is filed, the director shall immediately request a list of seven
   39-1  qualified neutral arbitrators from the American Arbitration
   39-2  Association or the Federal Mediation and Conciliation Service, or
   39-3  their successors in function.  The employee and the department
   39-4  head, or their designees, may agree on one of the seven neutral
   39-5  arbitrators on the list.  If they do not agree within five working
   39-6  days after the date they received the list, each party or the
   39-7  party's designee shall alternate striking a name from the list and
   39-8  the name remaining is the hearing examiner.  The parties or their
   39-9  designees shall agree on a date for the hearing.
  39-10        (e)  The appeal hearing shall begin as soon as the hearing
  39-11  examiner can be scheduled.  If the hearing examiner cannot begin
  39-12  the hearing within 45 calendar days after the date of selection,
  39-13  the employee may, within two days after learning of that fact, call
  39-14  for the selection of a new hearing examiner using the procedure
  39-15  prescribed by Subsection (d).
  39-16        (f)  In each hearing conducted under this section, the
  39-17  hearing examiner has the same duties and powers as the commission,
  39-18  including the right to issue subpoenas.
  39-19        (g)  In a hearing conducted under this section, the parties
  39-20  may agree to an expedited hearing procedure.  Unless otherwise
  39-21  agreed by the parties, in an expedited procedure the hearing
  39-22  examiner shall render a decision on the appeal within 10 days after
  39-23  the date the hearing ended.
  39-24        (h)  In an appeal that does not involve an expedited hearing
  39-25  procedure, the hearing examiner shall make a reasonable effort to
  39-26  render a decision on the appeal within 30 days after the date the
  39-27  hearing ends or the briefs are filed.  The hearing examiner's
   40-1  inability to meet the time requirements imposed by this section
   40-2  does not affect the hearing examiner's jurisdiction, the validity
   40-3  of the disciplinary action, or the hearing examiner's final
   40-4  decision.
   40-5        (i)  The hearing examiner's fees and expenses are shared
   40-6  equally by the appealing employee and by the department.  The costs
   40-7  of a witness are paid by the party who calls the witness.
   40-8        (j)  A district court may hear an appeal of a hearing
   40-9  examiner's award only on the grounds that the arbitration panel was
  40-10  without jurisdiction or exceeded its jurisdiction or that the order
  40-11  was procured by fraud, collusion, or other unlawful means.  An
  40-12  appeal must be brought in the district court having jurisdiction in
  40-13  the municipality in which the department is located.
  40-14           (Sections 145.058-145.070 reserved for expansion
  40-15                         SUBCHAPTER E.  LEAVES
  40-16        Sec. 145.071.  LEAVES OF ABSENCE; RESTRICTION PROHIBITED.
  40-17  (a)  If a sufficient number of employees are available to carry out
  40-18  the normal functions of the department, an employee may not be
  40-19  refused a reasonable leave of absence without pay to attend a
  40-20  school, convention, or meeting if the purpose of the school,
  40-21  convention, or meeting is to secure a more efficient department and
  40-22  better working conditions for department personnel.
  40-23        (b)  A rule that affects an employee's constitutional right
  40-24  to appear before or to petition the legislature may not be adopted.
  40-25        Sec. 145.072.  MILITARY LEAVE OF ABSENCE.  (a)  On written
  40-26  application of an employee, the commission shall grant the person a
  40-27  military leave of absence without pay to enable the person to enter
   41-1  a branch of the United States military service.  The leave of
   41-2  absence may not exceed the period of compulsory military service or
   41-3  the basic minimum enlistment period for the branch of service the
   41-4  employee enters.
   41-5        (b)  The commission shall grant to an employee a leave of
   41-6  absence for initial training or annual duty in the military
   41-7  reserves or the national guard.
   41-8        (c)  While an employee who received a military leave of
   41-9  absence serves in the military, the commission shall fill the
  41-10  person's position in the department in accordance with this
  41-11  chapter.  The employee who fills the position is subject to
  41-12  replacement by the person who received the military leave at the
  41-13  time the person returns to active duty in the department.
  41-14        (d)  On termination of active military service, an employee
  41-15  who received a military leave of absence under this section is
  41-16  entitled to be reinstated to the position that the person held in
  41-17  the department at the time the leave of absence was granted if the
  41-18  person:
  41-19              (1)  receives an honorable discharge;
  41-20              (2)  remains physically and mentally fit to discharge
  41-21  the duties of that position; and
  41-22              (3)  makes an application for reinstatement within 90
  41-23  days after the date the person is discharged from military service.
  41-24        (e)  On reinstatement, the employee shall receive full
  41-25  seniority credit for the time spent in the military service.
  41-26        (f)  If the reinstatement of an employee who  received a
  41-27  military leave of absence causes that person's replacement to be
   42-1  returned to a lower position in grade or compensation, the replaced
   42-2  person has a preferential right to a subsequent appointment or
   42-3  promotion to the same or a similar position from which the person
   42-4  was demoted.  This preferential right has priority over an
   42-5  eligibility list and is subject to the replaced person remaining
   42-6  physically and mentally fit to discharge the duties of that
   42-7  position.
   42-8        Sec. 145.073.  LINE-OF-DUTY ILLNESS OR INJURY LEAVE OF
   42-9  ABSENCE.  (a)  A municipality shall provide to an employee a leave
  42-10  of absence for an illness or injury related to the person's line of
  42-11  duty.   The leave is with full pay for a period commensurate with
  42-12  the nature of the line-of-duty illness or injury.  If necessary,
  42-13  the leave shall continue for at least one year.
  42-14        (b)  At the end of the one-year period, the municipality's
  42-15  governing body may extend the line-of-duty illness or injury leave
  42-16  at full or reduced pay.  If the employee's salary is reduced below
  42-17  60 percent of the person's regular monthly salary and the
  42-18  municipality has an employee's pension fund, the person may retire
  42-19  on pension until able to return to duty.
  42-20        (c)  If pension benefits are not available to an employee who
  42-21  is temporarily disabled by a line-of-duty injury or illness and if
  42-22  the year at full pay and any extensions granted by the governing
  42-23  body have expired, the employee may use accumulated sick leave,
  42-24  vacation time, and other accrued benefits before the person is
  42-25  placed on temporary leave.
  42-26        (d)  If an employee is temporarily disabled  by an injury or
  42-27  illness that is not related to the person's line of duty, the
   43-1  person may use all sick leave, vacation time, and other accumulated
   43-2  time before the person is placed on temporary leave.
   43-3        (e)  After recovery from a temporary disability, an employee
   43-4  shall be reinstated at the same rank and with the same seniority
   43-5  the person had before going on temporary leave.  Another employee
   43-6  may voluntarily do the work of an injured employee until the person
   43-7  returns to duty.
   43-8        Sec. 145.074.  REAPPOINTMENT AFTER RECOVERY FROM DISABILITY.
   43-9  With the commission's approval and if otherwise qualified, an
  43-10  employee who has been certified by a physician selected by an
  43-11  employees' relief or retirement fund as having recovered from a
  43-12  disability for which the person has been receiving a monthly
  43-13  disability pension is eligible for reappointment to the classified
  43-14  position that the person held on the date the person qualified for
  43-15  the monthly disability pension.
  43-16           (Sections 145.075-145.080 reserved for expansion
  43-17                SUBCHAPTER F.  MISCELLANEOUS PROVISIONS
  43-18        Sec. 145.081.  DETERMINATION OF PHYSICAL AND MENTAL FITNESS.
  43-19  (a)  If a question arises as to whether an employee is sufficiently
  43-20  physically or mentally fit to continue the person's duties, the
  43-21  employee shall submit to the commission a report from the person's
  43-22  personal physician, psychiatrist, or psychologist, as appropriate.
  43-23        (b)  If the commission, the department head, or the employee
  43-24  questions the report, the commission shall appoint a physician,
  43-25  psychiatrist, or psychologist, as appropriate, to examine the
  43-26  employee and to submit a report to the commission, the department
  43-27  head, and the person.
   44-1        (c)  If the report of the appointed physician, psychiatrist,
   44-2  or psychologist, as appropriate, disagrees with the report of the
   44-3  employee's personal physician, psychiatrist, or psychologist, as
   44-4  appropriate, the commission shall appoint a three-member board
   44-5  composed of a physician, a psychiatrist, and a psychologist, or any
   44-6  combination, as appropriate, to examine the employee.  The board's
   44-7  findings as to the person's fitness for duty shall determine the
   44-8  issue.
   44-9        (d)  The employee shall pay the cost of the services of the
  44-10  person's personal physician, psychiatrist, or psychologist, as
  44-11  appropriate.  The municipality shall pay all other costs.
  44-12        Sec. 145.082.  EFFICIENCY REPORTS.  (a)  The commission may
  44-13  develop proper procedures and rules for semiannual efficiency
  44-14  reports and grades for each employee.
  44-15        (b)  If the commission collects efficiency reports on
  44-16  employees, the commission shall provide each person with a copy of
  44-17  that person's report.
  44-18        (c)  Within 10 calendar days after the date an employee
  44-19  receives the copy of the person's efficiency report, the person may
  44-20  make a statement in writing concerning the efficiency report.  The
  44-21  statement shall be placed in the person's personnel file with the
  44-22  efficiency report.
  44-23        Sec. 145.083.  FORCE REDUCTION AND REINSTATEMENT LIST.  (a)
  44-24  If a municipality's governing body adopts an ordinance that vacates
  44-25  or abolishes a department position, the employee who holds that
  44-26  position shall be demoted to the position immediately below the
  44-27  vacated or abolished position.  If one or more positions of equal
   45-1  rank are vacated or abolished, the employees who  have the least
   45-2  seniority in a position shall be demoted to the position
   45-3  immediately below the vacated or abolished position.  If an
   45-4  employee is demoted under this subsection without charges being
   45-5  filed against the person for violation of civil service rules, the
   45-6  employee shall be placed on a position reinstatement list in order
   45-7  of seniority.  If the vacated or abolished position is filled or
   45-8  re-created within one year after the date it was vacated or
   45-9  abolished, the position must be filled from the reinstatement list.
  45-10  Appointments from the reinstatement list shall be made in order of
  45-11  seniority.  A person who is not on the list may not be appointed to
  45-12  the position during the one-year period until the reinstatement
  45-13  list is exhausted.
  45-14        (b)  If a position in the lowest classification is abolished
  45-15  or vacated and an employee must be dismissed from the department,
  45-16  the employee with the  least seniority shall be dismissed.  If an
  45-17  employee is dismissed under this subsection without charges being
  45-18  filed against the person for violation of civil service rules, the
  45-19  employee shall be placed on a reinstatement list in order of
  45-20  seniority.  Appointments from the reinstatement list shall be made
  45-21  in order of seniority.  Until the reinstatement list is exhausted,
  45-22  a person may not be appointed from an eligibility list.  When a
  45-23  person has been on a reinstatement list for three years, the person
  45-24  shall be dropped from the list but shall be restored to the list at
  45-25  the request of the commission.
  45-26        Sec. 145.084.  POLITICAL ACTIVITIES.  (a)  While in uniform
  45-27  or on active duty, an employee may not take an active part in
   46-1  another person's political campaign for an elective position of the
   46-2  municipality.
   46-3        (b)  For the purposes of this section, a person takes an
   46-4  active part in a political campaign if the person:
   46-5              (1)  makes a political speech;
   46-6              (2)  distributes a card or other political literature;
   46-7              (3)  writes a letter;
   46-8              (4)  signs a petition;
   46-9              (5)  actively and openly solicits votes; or
  46-10              (6)  makes public derogatory remarks about a candidate
  46-11  for an elective position of the municipality.
  46-12        (c)  An employee may not be required to contribute to a
  46-13  political fund or to render a political service to a person or
  46-14  party.  An employee may not be removed, reduced in classification
  46-15  or salary, or otherwise prejudiced for refusing to contribute to a
  46-16  political fund or to render a political service.
  46-17        (d)  A municipal official who attempts to violate Subsection
  46-18  (c) violates this chapter.
  46-19        (e)  Except as expressly provided by this section, the
  46-20  commission or the municipality's governing body may not restrict an
  46-21  employee's right to engage in a political activity.
  46-22        Sec. 145.085.  STRIKE PROHIBITION.  (a)  An employee may not
  46-23  engage in a strike against the governmental agency that employs the
  46-24  employee.
  46-25        (b)  In addition to the penalty prescribed by Section
  46-26  145.015, if an employee is convicted of an offense for violating
  46-27  this section, the person shall be automatically released and
   47-1  discharged from the department.  After the person is discharged
   47-2  from the department, the person may not receive any pay or
   47-3  compensation from public funds used to support the department.
   47-4        Sec. 145.086.  UNLAWFUL RESIGNATION OR RETIREMENT.  (a)  A
   47-5  person commits an offense if the person accepts money or anything
   47-6  of value from another person in return for retiring or resigning
   47-7  from the person's civil service position.
   47-8        (b)  A person commits an offense if the person gives money or
   47-9  anything of value to another person in return for the other
  47-10  person's retirement or resignation from the person's civil service
  47-11  position.
  47-12        (c)  An offense under this section is a Class A misdemeanor.
  47-13        Sec. 145.087.  PERSONNEL FILE.  (a)  The director or the
  47-14  director's designee shall maintain a personnel file on each
  47-15  employee.  The personnel file must contain any letter, memorandum,
  47-16  or document relating to:
  47-17              (1)  a commendation, congratulation, or honor bestowed
  47-18  on the employee by a member of the public or by the employing
  47-19  department for an action, duty, or activity that relates to the
  47-20  person's official duties;
  47-21              (2)  any misconduct by the employee if the letter,
  47-22  memorandum, or document is from the employing department and if the
  47-23  misconduct resulted in disciplinary action by the employing
  47-24  department in accordance with this chapter; and
  47-25              (3)  the periodic evaluation of the employee by a
  47-26  supervisor.
  47-27        (b)  A letter, memorandum, or document relating to alleged
   48-1  misconduct by the employee may not be placed in the person's
   48-2  personnel file if the employing department determines that there is
   48-3  insufficient evidence to sustain the charge of misconduct.
   48-4        (c)  A letter, memorandum, or document relating to
   48-5  disciplinary action taken against the employee or to alleged
   48-6  misconduct  by the employee that is placed in the person's
   48-7  personnel file as provided by Subsection (a)(2) shall be removed
   48-8  from the employee's file if the commission finds that:
   48-9              (1)  the disciplinary action was taken without just
  48-10  cause; or
  48-11              (2)  the charge of misconduct was not supported by
  48-12  sufficient evidence.
  48-13        (d)  If a negative letter, memorandum, document, or other
  48-14  notation of negative impact is included in an employee's personnel
  48-15  file, the director or the director's designee shall, within 30 days
  48-16  after the date of the inclusion, notify the employee.  The employee
  48-17  may, on or before the 15th day after the date of receipt of the
  48-18  notification, file a written response to the negative letter,
  48-19  memorandum, document, or other notation.
  48-20        (e)  The employee is entitled, on request, to a copy of any
  48-21  letter, memorandum, or document placed in the person's personnel
  48-22  file.  The municipality may charge the employee a reasonable fee
  48-23  not to exceed actual cost for any copies provided under this
  48-24  subsection.
  48-25        (f)  The director or the director's designee may not release
  48-26  any information contained in an employee's  personnel file without
  48-27  first obtaining the person's written permission, unless the release
   49-1  of the information is required by law.
   49-2        (g)  A department may maintain a personnel file on an
   49-3  employee employed by the department for the department's use, but
   49-4  the department may not release any information contained in the
   49-5  department file to any agency or person requesting information
   49-6  relating to an employee.  The department shall refer to the
   49-7  director or the director's designee a person or agency that
   49-8  requests information that is maintained in the employee's personnel
   49-9  file.
  49-10        SECTION 3.  The chapter heading to Chapter 143, Local
  49-11  Government Code, is amended to read as follows:
  49-12                CHAPTER 143.  MUNICIPAL CIVIL SERVICE:
  49-13                 FIRE AND POLICE DEPARTMENT EMPLOYEES
  49-14        SECTION 4.  Subchapter G, Chapter 143, Local Government Code,
  49-15  is repealed.
  49-16        SECTION 5.  (a)  The changes in law made by this Act relating
  49-17  to a criminal or civil penalty that may be imposed apply only to a
  49-18  violation of Chapter 145, Local Government Code, or a rule adopted
  49-19  by the Municipal Employees Civil Service Commission that occurs on
  49-20  or after the effective date of this Act.  A violation occurs on or
  49-21  after the effective date of this Act only if each element of the
  49-22  violation occurs on or after that date.  A violation that occurs
  49-23  before the effective date of this Act is governed by the law in
  49-24  effect on the date the violation occurred, and the former law is
  49-25  continued in effect for this purpose.
  49-26        (b)  The changes in law made by this Act relating to
  49-27  disciplinary proceedings apply only to a proceeding instituted on
   50-1  or after the effective  date of this Act.  A disciplinary
   50-2  proceeding instituted before the effective  date of this Act is
   50-3  governed by the law in effect on the date the proceeding was
   50-4  instituted, and the former law is continued in effect for this
   50-5  purpose.
   50-6        (c)  Sick leave, vacation leave, or other benefits received
   50-7  by an employee in another civil service system or in employment
   50-8  with a municipality is transferred as a benefit to the Municipal
   50-9  Employees Civil Service Commission.
  50-10        SECTION 6.  This Act takes effect September 1, 1993.
  50-11        SECTION 7.  The importance of this legislation and the
  50-12  crowded condition of the calendars in both houses create an
  50-13  emergency and an imperative public necessity that the
  50-14  constitutional rule requiring bills to be read on three several
  50-15  days in each house be suspended, and this rule is hereby suspended.