BILL ANALYSIS



C.S.H.B. 1049
By: Hunter, B.
04-28-95
Committee Report (Substituted)


BACKGROUND

Under the Texas Civil Service Act, municipalities who hire
personnel in their police departments are limited to considering
only those applicants who score highest on the civil service
examination given to all applicants.   Other considerations like
experience, physical ability, etc. may only be considered on a
pass/fail basis.  Often, this results in the best candidates being
passed over for consideration.


PURPOSE

This legislation permits municipal police departments to select
candidates for beginning positions in their departments using an
alternative selection system.  This system allows for the weighting
of these other considerations.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.


SECTION BY SECTION ANALYSIS

SECTION 1.  Recognizes application of other criteria for filling
positions in addition to examination.

SECTION 2.  Recognizes creation of eligibility lists by
alternative means in addition to examination.

SECTION 3.  Provides for adoption of alternate selection system
upon a vote of sworn police officers; recognizes collective
bargaining agreements; specifies factors for placement on
eligibility lists.

SECTION 4.  Requires civil service director to include
information regarding selection criteria in the records sent to
department head.

SECTION 5.  Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute recognizes alternate system for filling positions
for creation of eligibility lists; adds the requirement that an
alternate system be approved by sworn police officers at an
election; recognizes collective bargaining agreements; deletes
reference to Local Government Code, Section 143.024, concerning
exam notices; adds recognition that persons employed under an
alternate system has same rights as other civil service
personnel.



SUMMARY OF COMMITTEE ACTION

HB 1049 was considered by the committee in a public hearing on
May 1, 1995.  A complete substitute was considered by the
committee.  The substitute was adopted without objection.  The
following people testified in favor of the bill: Rep. Hunter;
Kathleen Merrill, representing the City of Abilene; Melvin
Martin, representing himself and the City of Abilene Police; Ed
Dye, representing himself and Abilene Police Department.  The
following people testified against the bill: Ronald G. DeLord,
representing CLEAT.  The bill was left pending.  CSHB 1049 was
considered in a formal meeting on May 8, 1995.  One amendment was
offered to the substitute.  The amendment was adopted without
objection.  CSHB 1049 was reported favorably as amended, with the
recommendation that it do pass and be printed, by a record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.