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.