BILL ANALYSIS C.S.S.B. 755 By: Whitmire Intergovernmental Relations 4-28-95 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 requires a quorum of a county commission to preside at hearings concerning certain employment matters of sheriff's department employees of certain counties. 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 158.035, Local Government Code, by amending Subsection (c) and adding Subsection (d), as follows: (c) Requires a quorum of a county civil service commission (commission), rather than at least three commissioners, in a county with a population of 2.8 million or more, to preside at a hearing in any case involving termination, demotion, or recovery of back pay. Provides that the commission's decision is considered in favor of the employee unless a majority of commissioners at the hearing vote to terminate, demote, or deny a recovery of back pay; or if the commission's vote is a tie, a commissioner who was absent from the hearing, not later than the fifth day after the date of the hearing, reviews the records, tapes, and documents of the hearing and based on that review submits to the commission a written statement that the commissioner votes to terminate, demote, or deny a recovery of back pay. (d) Provides that this subsection applies only to a county with a population of 2.8 million or more. Requires the commission to provide a 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, no later than 10 days before the date on which the commission holds a meeting to consider any change to the civil service rules. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.