By Clemons                                            H.B. No. 1071
       74R1740 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the procedures for hiring persons in a fire or police
    1-3  department under municipal civil service.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 143.025(h), Local Government Code, is
    1-6  amended to read as follows:
    1-7        (h)  <The grade to be placed on the eligibility list for each
    1-8  applicant shall be computed by adding an applicant's points under
    1-9  Subsection (e), if any, to the applicant's grade on the written
   1-10  examination.>  Each applicant's grade on the written examination is
   1-11  based on a maximum grade of 100 percent and is determined entirely
   1-12  by the correctness of the applicant's answers to the questions.
   1-13  The minimum passing grade on the examination is 70 percent.  An
   1-14  applicant must pass the examination to be placed on an eligibility
   1-15  list.
   1-16        SECTION 2.  Section 143.026, Local Government Code, is
   1-17  amended to read as follows:
   1-18        Sec. 143.026.  Procedure for Filling Beginning Positions.
   1-19  (a)  When a vacancy occurs in a beginning position in a fire or
   1-20  police department, the department head shall request in writing
   1-21  from the commission the names of suitable persons from the
   1-22  eligibility list.  The director shall certify to the municipality's
   1-23  chief executive the name <names> of each person <the three persons
   1-24  having the highest grades> on the eligibility list.
    2-1        (b)  From the <three> names certified, the chief executive
    2-2  shall appoint the person whom the chief executive determines to be
    2-3  the best qualified for the position.  In determining who is the
    2-4  best qualified person, the chief executive shall consider each
    2-5  person's:
    2-6              (1)  energy and good health;
    2-7              (2)  knowledge of the job and technical competence;
    2-8              (3)  problem-solving skills;
    2-9              (4)  prior experience; and
   2-10              (5)  race and gender, to the extent allowed by federal
   2-11  law and to the extent necessary to redress an imbalance in the
   2-12  composition by race or gender of the classified members of the
   2-13  department <having the highest grade unless there is a valid reason
   2-14  why the person having the second or third highest grade should be
   2-15  appointed.>
   2-16        <(c)  If the chief executive does not appoint the person
   2-17  having the highest grade, the chief executive shall clearly set
   2-18  forth in writing the good and sufficient reason why the person
   2-19  having the highest grade was not appointed.>
   2-20        <(d)  The reason required by Subsection (c) shall be filed
   2-21  with the commission and a copy provided to the person having the
   2-22  highest grade.  If the chief executive appoints the person having
   2-23  the third highest grade, a copy of the report shall also be
   2-24  furnished to the person having the second highest grade>.
   2-25        SECTION 3.  Section 143.037(b), Local Government Code, is
   2-26  amended to read as follows:
   2-27        (b)  The record must contain:
    3-1              (1)  the date notice of examination for the position
    3-2  was posted;
    3-3              (2)  the date on which the appointed person took the
    3-4  examination;
    3-5              (3)  the name of each person who conducted the
    3-6  examination;
    3-7              (4)  the grade the appointed person made on the
    3-8  entrance examination for a beginning position or the relative
    3-9  position of the appointed person on the eligibility list for a
   3-10  nonentry position, as appropriate;
   3-11              (5)  the date the appointed person took the physical
   3-12  examination, the name of the examining physician, and whether the
   3-13  person was accepted or rejected;
   3-14              (6)  the date the request to fill the vacancy was made;
   3-15              (7)  the date the appointed person was notified to
   3-16  report for duty; and
   3-17              (8)  the date the appointed person's pay is to start.
   3-18        SECTION 4.  Section 143.025(e), Local Government Code, is
   3-19  repealed.
   3-20        SECTION 5.  The changes in law made by this Act relating to
   3-21  an appointment to a beginning position in certain fire and police
   3-22  departments apply only to an appointment to a beginning position
   3-23  that occurs on or after the effective date of this Act, without
   3-24  regard to whether the appointment is based on an eligibility list
   3-25  that was created before, on, or after the effective date of this
   3-26  Act.  An appointment to a beginning position that occurs before the
   3-27  effective date of this Act is governed by the law relating to the
    4-1  appointment that exists on the date that the appointment occurs,
    4-2  and the former law is continued in effect for this purpose.
    4-3        SECTION 6.  This Act takes effect September 1, 1995.
    4-4        SECTION 7.  The importance of this legislation and the
    4-5  crowded condition of the calendars in both houses create an
    4-6  emergency and an imperative public necessity that the
    4-7  constitutional rule requiring bills to be read on three several
    4-8  days in each house be suspended, and this rule is hereby suspended.