By:  Seidlits                                         H.B. No. 2228
       73R4296 JRD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal civil service.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 143.004(e), Local Government Code, is
    1-5  amended to read as follows:
    1-6        (e)  If the governing body of a municipality that has
    1-7  operated under this chapter for at least one year receives a
    1-8  petition requesting an election to repeal this chapter that is
    1-9  signed by at least 10 percent of the qualified voters of the
   1-10  municipality, the governing body shall order an election submitting
   1-11  to the voters the question on whether this chapter should be
   1-12  repealed.  If a majority of the qualified voters of the
   1-13  municipality vote to repeal this chapter, this chapter is void in
   1-14  that municipality.
   1-15        SECTION 2.  Section 143.010(c), Local Government Code, is
   1-16  amended to read as follows:
   1-17        (c)  In each hearing, appeal, or review of any kind in which
   1-18  the commission performs an adjudicatory function, the affected fire
   1-19  fighter or police officer is entitled to be represented by counsel
   1-20  or a person the fire fighter or police officer chooses.  The
   1-21  affected fire fighter or police officer is entitled to require the
   1-22  presence of all three commission members at the hearing, appeal, or
   1-23  review.  Each commission proceeding shall be held in public.
   1-24        SECTION 3.  Section 143.023, Local Government Code, is
    2-1  amended by amending Subsection (g) and adding Subsection (h) to
    2-2  read as follows:
    2-3        (g)  In addition to meeting the requirements prescribed by
    2-4  this section, an applicant for a beginning position <in a police
    2-5  department> in a municipality with a population of 1.5 million or
    2-6  more must meet the requirements prescribed by Section 143.105 or
    2-7  143.1051.
    2-8        (h)  The commission, department, or municipality may not
    2-9  impose requirements for a beginning position in a fire department
   2-10  that are in addition to requirements imposed under this section,
   2-11  Section 143.008(b), and Section 143.022.
   2-12        SECTION 4.  Section 143.057(j), Local Government Code, is
   2-13  amended to read as follows:
   2-14        (j)  A district court may hear an appeal of a hearing
   2-15  examiner's award only on the grounds that the hearing examiner
   2-16  <arbitration panel> was without jurisdiction or exceeded its
   2-17  jurisdiction or that the order was procured by fraud, collusion, or
   2-18  other unlawful means.  An appeal must be brought in the district
   2-19  court having jurisdiction in the municipality in which the fire or
   2-20  police department is located.
   2-21        SECTION 5.  Section 143.085(a), Local Government Code, is
   2-22  amended to read as follows:
   2-23        (a)  If a municipality's governing body adopts an ordinance
   2-24  that vacates or abolishes a fire or police department position, the
   2-25  fire fighter or police officer who holds that position shall be
   2-26  demoted to the position immediately below the vacated or abolished
   2-27  position.  If one or more positions of equal rank are vacated or
    3-1  abolished, the fire fighters or police officers who have the least
    3-2  seniority in a position shall be demoted to the position
    3-3  immediately below the vacated or abolished position.  If a fire
    3-4  fighter or police officer is demoted under this subsection without
    3-5  charges being filed against the person for violation of civil
    3-6  service rules, the fire fighter or police officer shall be placed
    3-7  on a position reinstatement list in order of seniority.  If the
    3-8  vacated or abolished position is filled or re-created <within one
    3-9  year after the date it was vacated or abolished>, the position must
   3-10  be filled from the reinstatement list.  Appointments from the
   3-11  reinstatement list shall be made in order of seniority.  A person
   3-12  who is not on the list may not be appointed to the position <during
   3-13  the one-year period> until the reinstatement list is exhausted.
   3-14        SECTION 6.  This Act takes effect September 1, 1993.
   3-15        SECTION 7.  The importance of this legislation and the
   3-16  crowded condition of the calendars in both houses create an
   3-17  emergency and an imperative public necessity that the
   3-18  constitutional rule requiring bills to be read on three several
   3-19  days in each house be suspended, and this rule is hereby suspended.