BILL ANALYSIS



S.B. 563
By: Armbrister (McCoulskey)
March 16, 1995
Committee Report (Unamended)


BACKGROUND

Under Section 22.076, Local Government Code, the governing body of
a Type A general law city may by ordinance abolish the office of
elected marshal and confer the duties of the office on a municipal
police officer or on any other peace officer of the county. 
Current law does not permit Type B general law cities this same
authority.  Maintaining the position of marshal is even more
burdensome on Type B cities, because in small cities it is often
difficult to find an individual who is a qualified peace officer
willing to run for election to this position.

PURPOSE

As proposed, S.B. 563 authorizes municipalities with populations of
less than 5,000 (Type B cities) to abolish the position of marshal.

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 the Local Government Code by adding Section
23.029, as follows:

     Sec. 23.029.  ABOLITION OF OFFICE OF MARSHAL.  Authorizes the
     governing body of a municipality with a population of less
     than 5,000 to abolish, by ordinance, the office of marshal and
     confer the duties of the office on a municipal police officer
     appointed as the governing body directs or on any other peace
     officer of the county.  Prohibits an elected marshal from
     being removed from office under this subsection.
     
SECTION 2. Emergency clause.
           Effective date:  90 days after adjournment.



SUMMARY OF COMMITTEE ACTION

S.B. 563 was considered by the committee in a public hearing on
March 20, 1995.  The following people testified in favor of the
bill: Rep. McCoulskey; and G.W. Longserre, representing the town of
Thompson.  The bill was reported favorably, without amendment, with
the recommendation that it do pass and be printed, by a record vote
of 7 ayes, 0 nays, 2 pnv, and 0 absent.