BILL ANALYSIS



S.B. 1014
By: Gallegos (Turner, S.)
May 17, 1995
Committee Report (Unamended)


BACKGROUND

Police officers are directly affected by the promotional rules and
procedures the department has in place.  These rules can affect
everything from pay raises to personal safety of the individual
officers.  Currently, police departments that have not adopted the
Fire and Police Employee Relations Act can only change the
promotional system with the recommendation of the head of the
police department and a vote of the majority of the police officers
in the department.  If the head of the police department refuses to
call an election, an unfair and irrational system cannot be
replaced.  The requirement that a majority of the police officers
in the department affirmatively vote for the bill is an undue
burden.

PURPOSE

As proposed, S.B. 1014 authorizes the Police Officers' Civil
Commission to adopt promotional systems in certain police
departments.

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 143.035(b), Local Government Code, as
follows:

     (b)  Authorizes the Police Officers' Civil Commission to adopt
     an alternate promotional system to select persons to occupy
     nonentry level positions other than positions that are filled
     by appointment by the police department head, on receipt of a
     petition signed by at least 20 percent of the sworn police
     officers in the department which may be vetoed by the head of
     police, and after a simple majority vote of the police
     officers who vote in the election at which the issue is
     submitted to a vote.  Requires a promotional system to be a
     system suggested by the head of the police department or the
     petitioning police officers and to comply with the
     requirements prescribed by this section.
     
     SECTION 2.     Emergency clause.
           Effective date: upon passage.


SUMMARY OF COMMITTEE ACTION

SB 1014 was considered by the committee in a public hearing on
April 24, 1995.  The following people testified in favor of the
bill: Rep. Turner; Carvel McNeil, representing Houston Police
Patrolmen's Union; Jack Means, representing himself and Texas
Conference of Police and Sheriffs; and S. David Mireles,
representing Houston Police Patrolmen's Union.  The following
people testified against the bill: Mark Clark; representing the
Combined Law Enforcement Associations of Texas.  The bill was left
pending.  SB 1014 was considered in a formal meeting on May 17,
1995.   The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
5 ayes, 1 nay, 0 pnv, and 3 absent.