1-1 By: Whitmire S.B. No. 443
1-2 (In the Senate - Filed February 23, 1993; February 23, 1993,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; April 29, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 April 29, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 443 By: Whitmire
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to municipal civil service and the validation of
1-24 government acts and proceedings regarding certain civil service
1-25 systems.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Section 143.002, Local Government Code, is
1-28 amended to read as follows:
1-29 Sec. 143.002. Municipalities Covered by Chapter. This
1-30 chapter applies only to a municipality:
1-31 (1) that:
1-32 (A) <(1)> has a population of 10,000 or more;
1-33 (B) <(2)> has a paid fire department and police
1-34 department; and
1-35 (C) <(3)> has voted to adopt this chapter or the
1-36 law codified by this chapter; or
1-37 (2) whose election to adopt this chapter and whose
1-38 acts subsequent to that election were validated by the law enacted
1-39 by Senate Bill 443, Acts of the 73rd Legislature, Regular Session,
1-40 1993.
1-41 SECTION 2. Subsection (c), Section 143.023, Local Government
1-42 Code, is amended to read as follows:
1-43 (c) A person who is 45 years of age or older may not be
1-44 certified for a beginning position in a police department in a
1-45 municipality that has a population of 75,000 or more. A person who
1-46 is 36 years of age or older and under 45 may not be certified as
1-47 eligible for a beginning position in a police department in a
1-48 municipality that has a population of 75,000 or more unless the
1-49 person has at least five years' experience as a peace officer or at
1-50 least five years of military experience.
1-51 SECTION 3. (a) The governmental acts and proceedings of a
1-52 municipality relating to an election to adopt a civil service
1-53 system under Subchapter A, Chapter 143, Local Government Code, that
1-54 was held before January 1, 1993, and at which time the municipality
1-55 did not have a paid fire department and police department are
1-56 validated as of the dates they occurred. The validation includes
1-57 the preparation and wording of the ballot proposition, any action
1-58 taken by the municipality in calling and holding the election, and
1-59 any other action taken by the municipality before the effective
1-60 date of this Act in connection with the civil service commission
1-61 appointed after the election. The acts and proceedings may not be
1-62 held invalid because they were not performed in accordance with
1-63 law. A municipality may take any further action or may conduct any
1-64 further proceeding necessary to complete the actions taken by the
1-65 civil service commission that was appointed after the election, and
1-66 any actions taken by the municipality or the civil service
1-67 commission are valid and binding on the municipality and the civil
1-68 service commission.
2-1 (b) This section does not apply to any matter that on the
2-2 effective date of this Act:
2-3 (1) is involved in litigation if the litigation
2-4 ultimately results in the matter being held invalid by a final
2-5 judgment in a court of competent jurisdiction; or
2-6 (2) has been held invalid by a final judgment of a
2-7 court of competent jurisdiction.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.
2-15 * * * * *
2-16 Austin,
2-17 Texas
2-18 April 29, 1993
2-19 Hon. Bob Bullock
2-20 President of the Senate
2-21 Sir:
2-22 We, your Committee on Intergovernmental Relations to which was
2-23 referred S.B. No. 443, have had the same under consideration, and I
2-24 am instructed to report it back to the Senate with the
2-25 recommendation that it do not pass, but that the Committee
2-26 Substitute adopted in lieu thereof do pass and be printed.
2-27 Armbrister,
2-28 Chairman
2-29 * * * * *
2-30 WITNESSES
2-31 FOR AGAINST ON
2-32 ___________________________________________________________________
2-33 Name: Jim Lyde x
2-34 Representing: Tx Municipal Police Assoc.
2-35 City: Austin
2-36 -------------------------------------------------------------------
2-37 Name: Lynwood Moreau x
2-38 Representing: Tx Conference of Police
2-39 City: Houston
2-40 -------------------------------------------------------------------
2-41 Name: NJ Browning x
2-42 Representing: Tx Conference of Police
2-43 City: Dallas
2-44 -------------------------------------------------------------------
2-45 Name: Wade Raper x
2-46 Representing: TCOPS
2-47 City: Irving
2-48 -------------------------------------------------------------------
2-49 Name: Thomas H. Kelly II x
2-50 Representing: TCOPS
2-51 City: Plano
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