BILL ANALYSIS



C.S.S.B. 755
By: Whitmire (Bosse)
May 10, 1995
Committee Report (Substituted)


BACKGROUND

The 73rd Legislature, in response to another problem, changed the
civil service quorum from two to three members.  The new quorum
standard has resulted in a backlog of work for the county civil
service commission since it is difficult for all three
commissioners to attend simultaneously.

PURPOSE

As proposed, C.S.S.B. 755 provides procedures for appointing
alternate commissioners to serve on a civil service commission and
sets a requirement for a civil service commission that changes
civil service rules in a county with a population of 2.8 million or
more.

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 158.034, Local Government Code, by adding
Subsection (e) as follows:

     (e)  Each entity that appointed a member of the commission
     shall appoint a person to serve as an alternate commissioner
     at any time that the member appointed by the entity under
     Subsection (a) is unable to attend a commission hearing.  An
     alternate commissioner must meet the same eligibility
     requirements and is appointed for the same term as a member of
     the commission who is appointed under Subsection (a).  For
     purposes of determining the existence of a quorum or a
     majority vote at a commission hearing, the presence or vote of
     an alternate commissioner constitutes the presence or vote of
     the commission member appointed by the entity that appointed
     the alternate.
          
     SECTION 2.     Amends Section 158.035, Local Government Code, by adding
Subsections (d) and (e) as follows:

     (d)  An alternate commissioner appointed under Section
158.034(e) may submit a vote to the commission only during a
commission hearing the alternate commissioner attends in place of
a commissioner appointed under Section 158.034(a).

     (e)  This subsection applies only to a county with a
population of 2.8 million or more.  Not later than the 10th day
before the date on which the commission holds a meeting to consider
any change to the civil service rules, the commission shall provide
written notice of the meeting by mail to the sheriff and to any
employee organization that represents employees governed by the
commission and requests notice under this subsection.

SECTION 3. Effective Date.

SECTION 4. Emergency clause.




COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute provides that each entity that appointed
a member of the commission shall appoint a person to serve as an
alternate commissioner at any time that the member appointed by the
entity under Subsection (a) is unable to attend a commission
hearing; the eligibility requirements are the same for the
appointed commissioner and alternate commissioner; for determining
or majority vote, the presence or vote of an alternate commissioner
constitutes the presence or vote of the commission member appointed
by the entity that appointed the alternate.  

The original bill provided that the commissions decision is
considered in favor of the employee unless a majority of the
commissioners at the hearing vote to terminate, demote, or deny
recovery of back pay or if the commissions vote is a tie, a
commissioner who is absent from the hearing, not later than the 5th
day after the date of the hearing, reviews the records, tapes, and
documents of the hearing and based on that review submits to the
commissions a written statement that the commissioner votes to
terminate, demote, or deny recovery of back pay.  


SUMMARY OF COMMITTEE ACTION

SB 755 was considered by the County Affairs Committee in formal
meeting on 5/10/95. The committee considered a complete committee
substitute. The committee substitute was adopted without objection.
SB 755 was reported favorably, as substituted, with the
recommendation that it do pass and be printed, by the record vote
of 8 ayes, 0 nays, 0 pnv, 1 absent.