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.