By Hunter of Taylor H.B. No. 1049
Substitute the following for H.B. No. 1049:
By Hill C.S.H.B. No. 1049
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an alternative selection system for filling beginning
1-3 positions in police departments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.021(c), Texas Local Government Code,
1-6 is amended to read as follows:
1-7 (c) Except as provided by Sections 143.013, 143.014, and
1-8 143.102, an existing position or classification or a position or
1-9 classification created in the future either by name or by increase
1-10 in salary may be filled only from an eligibility list that results
1-11 from an examination held or from the application of other criteria
1-12 established in accordance with this chapter.
1-13 SECTION 2. Section 143.025(b), Local Government Code, is
1-14 amended to read as follows:
1-15 (b) Unless a police department uses an alternate selection
1-16 system adopted under Section 143.0265, an <An> eligibility list for
1-17 a beginning position in the fire or police department may be
1-18 created only as a result of a competitive examination held in the
1-19 presence of each applicant for the position. The examination must
1-20 be based on the person's knowledge of and qualifications for fire
1-21 fighting and work in the fire department or for police work and
1-22 work in the police department and must inquire into the applicant's
1-23 general education and mental ability. A person may not be
2-1 appointed to the fire or police department except as a result of
2-2 the examination or as a result of a police department's use of an
2-3 alternate selection system adopted under Section 143.0265.
2-4 SECTION 3. Subchapter B, Chapter 143, Local Government Code,
2-5 is amended by adding Section 143.0265 to read as follows:
2-6 Section 143.0265. ALTERNATE SELECTION SYSTEM FOR FILLING
2-7 BEGINNING POSITIONS IN THE POLICE DEPARTMENT.
2-8 (a) On the recommendation of the head of the police
2-9 department and a majority vote of the sworn police officers in the
2-10 department, the commission may adopt an alternate selectionn system
2-11 for filling beginning positions in the police department.
2-12 (b) The commission may order the director to conduct an
2-13 election and to submit the revised selection system to all sworn
2-14 police officers in the department.
2-15 (c) The director shall hold an election on or after the
2-16 thirtieth day after the date that notice of the election is posted
2-17 at the department. The election shall be conducted throughout each
2-18 regular work shift at an accessible location within the department
2-19 during a twenty-four hour period.
2-20 (d) The ballot shall contain the specific amendment to the
2-21 selection procedure. Each sworn police officer shall be given the
2-22 opportunity to vote by secret ballot "for" or "against" the
2-23 amendment.
2-24 (e) The revised selection system must be approved by a
2-25 majority vote of the sworn police officers voting. A defeated
3-1 selection system amendment may not be placed on a ballot for a vote
3-2 by the sworn officers for at least twelve months after the date the
3-3 prior election was held, but this provision does not apply if the
3-4 head of the department recommends a different proposal to the
3-5 commission.
3-6 (f) The commission shall canvass the votes within thirty
3-7 days after the date that the election is held. An appeal alleging
3-8 election irregularity must be filed with the commission within five
3-9 working days after the date the election closes. If approved by
3-10 the sworn police officers, the selection system amendment becomes
3-11 effective after all election disputes have been ruled on and the
3-12 election votes have been canvassed by the commission.
3-13 (g) In departments where a collective bargaining agreement
3-14 exists, the alternative selection system must be approved by the
3-15 collective bargaining agent or entity representing the sworn
3-16 officers of the department.
3-17 (h) The alternate selection system shall be based on
3-18 criteria designed to measure a person's fitness for the position.
3-19 Applicants for beginning positions must meet the requirements under
3-20 Sections 143.021, 143.022, and 143.023. Other factors involved in
3-21 determining a person's placement on the eligibility list may
3-22 include the person's:
3-23 (1) ability to perform job-related tasks;
3-24 (2) background in education and military services;
3-25 (3) conduct and demeanor during a personal interview.
4-1 (i) If a department adopts an alternate selection system
4-2 under this section, the department shall specify in writing the
4-3 criteria used to evaluate a candidate for a position. The
4-4 department shall publish information about the job-relevance,
4-5 development, administration, scoring, and interpretation of all
4-6 factors involved in determining placement on the eligibility list.
4-7 (j) At any time after an alternate selection system has been
4-8 adopted under this section and has been in effect for at least 180
4-9 days, the department head may petition the commission to terminate
4-10 the alternate selection system, and after receiving the petition,
4-11 the commission shall terminate the alternate system.
4-12 (k) If the alternate system is terminated, an additional
4-13 list may not be created under the alternate system.
4-14 (l) An existing eligibility list, whether created under the
4-15 system prescribed by this chapter or created under an alternate
4-16 system adopted under this section, may not be terminated before or
4-17 extended beyond its expiration date. A person selected under an
4-18 alternate system has the same rights and the same status as a
4-19 person selected under other provisions of this chapter even if the
4-20 alternate system is later terminated.
4-21 SECTION 4. Section 143.037, Local Government Code, is
4-22 amended by adding Subsection (e) to read as follows:
4-23 (e) If a person is certified and appointed to a beginning
4-24 position in a department that has adopted an alternate selection
4-25 under Section 143.0265, the director shall include in the record
5-1 required by this section any applicable information described by
5-2 Subsection (b) and any necessary information regarding criteria
5-3 applied to a person under the alternate system.
5-4 SECTION 5. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring that bills be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended,
5-9 and that this Act take effect and be in force from and after its
5-10 passage, and it is so enacted.