BILL ANALYSIS



C.S.H.B. 1770
By: R. Lewis
04-03-95
Committee Report (Substituted)


BACKGROUND

Under current law, sheriff's department officers in municipalities
with populations of 10,000 or more and counties with populations of
75,000 or more have access to the people regarding their pay
benefits.  When seeking a raise, they have the opportunity to
approach the commissioner's court.  The commissioner's court can
either agree to the request, make a counter offer, or reject the
request.  Upon rejection, the people can petition the court for a
pay referendum.  
There is an injustice being done to those officers who do not work
in counties with populations of at least 75,000.

PURPOSE

The purpose of this bill is to decrease the county population
requirement for petitioning for a pay referendum from 75,000 to
30,000.  It does not seek to alter any other petition requirements. 
The issue of fairness is addressed by this bill, as it provides a
dialogue for those officers who are left out of the bargaining
process by current law. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

     Section 1.  Amends Section 152.072(a) of the Local Government
Code to state that the people within a county of 30,000, rather
than 75,000, can petition the commissioner's court to increase the
salary of sheriff's department members.

     Section 2.  Amends Section 152.073(a) of the Local Government
Code to state that a county official responsible for the
compensation of sheriff's department members commits an offense if
he violates Sections 152.071 or 152.072.

     Section 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill stated that the qualified voters of a county with
a population of more than 50,000 may petition the commissioners
court to increase the monthly salary of sheriff's department
members. The committee substitute lowers the population bracket to
30,000.


SUMMARY OF COMMITTEE ACTION

HB 1770 was considered by the County Affairs Committee in a public
hearing on 4/5/95. Jim Lyde testified for HB 1770. The County
Affairs Committee considered a complete committee substitute for HB
1770. The substitute was adopted without objection. HB 1770 was
reported favorably, as substituted, with the recommendation that it
do pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 6 ayes, 0 nays, 0 pnv, 3
absent.