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1-12 repealed.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.