BILL ANALYSIS S.B. 477 By: Gallegos Intergovernmental Relations 03-09-95 Committee Report (Unamended) BACKGROUND Currently, Harris County deputy sheriffs and Houston police officers enjoy the benefits of state civil service protection; officers employed by the Houston Metropolitan Transit Authority (METRO) do not. These officers perform the same basic job functions as Houston police officers, including filing Houston Police Department (HPD) reports in many instances. The board that oversees METRO is composed primarily of members appointed by Harris County and the City of Houston. There is speculation that METRO officers will be transferred into HPD or the Harris County Sheriff's Department. The METRO officers are concerned about how this will affect their career paths and opportunities. Some hold the opinion that since METRO was created as a separate political entity, METRO police officers should be kept within that entity and be protected like most of the other officers in the county. PURPOSE As proposed, S.B. 477 provides for the creation and dissolution of a civil service system for peace officers employed by a metropolitan rapid transit authority. 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 Title 5, Local Government Code, by adding Chapter 175, as follows: CHAPTER 175. CIVIL SERVICE SYSTEM FOR PEACE OFFICERS IN CERTAIN TRANSIT AUTHORITIES Sec. 175.001. DEFINITIONS. Defines "commission," "department," and "employee." Sec. 175.002. APPLICABILITY. Provides that this chapter applies to a transit authority that employs peace officers under Section 13, Article 1118x, V.T.C.S. Sec. 175.003. PETITION AND ELECTION. (a) Requires the head of the governing body of the transit authority to order a departmental election, on the question of the creation of a transit authority police civil service system, after receiving a petition signed by at least 20 percent of the employees requesting an election. (b) Authorizes the governing body of the transit authority to establish the police civil service system on its own accord, in lieu of the election. (c) Requires the governing body to hold the election after the 15th day but on or before the 45th day after the date the petition is submitted. Requires the election to be by secret ballot and provides that each employee is entitled to vote at the election. (d) Sets forth the required language for the ballot. (e) Requires the governing body of the transit authority to canvass the votes and declare the result. Sec. 175.004. APPOINTMENT OF COMMISSION. (a) Authorizes the mayor and county judge of areas with the largest population within the jurisdiction of the authority and the governing body of the authority to each appoint one person to serve as a member of the civil service commission (commission) that administers the system, if a majority of the employees voting at the election approve the creation of a transit authority police civil service system. (b) Sets forth the composition of the commission. (c) Requires the entity or person that appointed a member of the commission whose position becomes vacant to appoint a person to serve the unexpired part of the member's term. (d) Sets forth eligibility requirements for an appointee to the commission. Sec. 175.005. POWERS OF COMMISSION. (a) Requires the commission to adopt, publish, and enforce rules regarding certain matters relating to the selection of employees and the procedural and substantive rights, advancement, benefit, and working conditions of employees. (b) Authorizes the commission to adopt or use as a guide any civil service law or rule of the United States, this state, or a political subdivision in this state to the extent that the law or rule promotes the purposes of this chapter and is consistent with the needs and circumstances of the department. (c) Requires all three commissioners to preside at the hearing and vote on the commission's final decision in any case involving termination, demotion, or recovery of back pay. Sec. 175.006. PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR COMPLAINT. (a) Authorizes the head of a department to temporarily suspend an employee who is indicted for a felony or officially charged with committing a Class A or Class B misdemeanor, with or without pay for a period not to exceed 30 days after the date of final disposition of the specified felony indictment or misdemeanor complaint. (b) Requires the head of the department to notify the suspended employee in writing of the temporary suspension for a specific time period with or without pay. (c) Authorizes an employee indicted for a felony or officially charged with committing a Class A or B misdemeanor who has also been charged by the head of the department with a civil service rule violation to delay the civil service hearing for not more than 30 days after the date of the final disposition of the indictment or complaint. (d) Authorizes an employee, who has been temporarily suspended by the head of the department and was not convicted of the charge in a court, to appeal to the commission for recovery of back pay. Authorizes the commission to award all or partial back pay and modify or uphold the decision of the head of the department. (e) Provides that an acquittal or dismissal of an indictment or complaint does not mean that an employee has not violated a civil service rule and does not negate the charge that may have been or may be brought against the employee by the head of the department. (f) Provides that conviction of a felony is cause for dismissal, and conviction of a Class A or B misdemeanor may be cause for disciplinary action or dismissal. Sec. 175.007. COMPENSATION AND STAFF. Provides that the members of the commission serve without compensation but requires the governing body of the transit authority to reimburse each member for expenses incurred in performing the member's duties. Requires the governing body of the transit authority to provide the commission with adequate office space and sufficient funds to employ an adequate staff and to purchase necessary supplies and equipment. Sec. 175.008. APPEALS. (a) Authorizes an employee who is demoted, suspended, or removed from a position to appeal the decision by filing a petition in a district county court within 30 days after the date of the decision. (b) Provides that an appeal under this section is by trial de novo, and the judgment of the district court is appealable as in other civil cases. (c) Authorizes the court to order reinstatement of the employee, payment of back pay, or other appropriate relief, if the district court renders a judgment for the petitioner. Sec. 175.009. EXEMPTIONS. (a) Provides that certain employees may be exempt from taking a competitive examination or performing any other act to maintain the person's employment or position. (b) Authorizes the department head to designate as exempt certain employees from the civil service system. Sec. 175.010. DISSOLUTION OF SYSTEM. (a) Requires the governing body to order a departmental election on the question of dissolution of the department's police civil service system if 20 percent of the employees of the department petition the governing body of the transit authority to dissolve the system. (b) Makes conforming changes. (c) Sets forth required language for the ballot. (d) Makes conforming changes. (e) Requires the governing body to declare the department police civil service system dissolved if the proposition is approved by a majority of the employees at the election. Sec. 175.011. EXCLUSIVITY. Provides that a civil service system created under this chapter and in effect applies to the department to the exclusion of a civil service system created under another law. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.