By Tillery H.B. No. 1262
74R4927 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to applying the municipal civil service system to certain
1-3 municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.002, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 143.002. MUNICIPALITIES COVERED BY CHAPTER. This
1-8 chapter applies only to a municipality<:>
1-9 <(1)> that:
1-10 (1) <(A)> has a population of 10,000 or more; and
1-11 (2) <(B)> has a paid fire department or <and> police
1-12 department<; and>
1-13 <(C) has voted to adopt this chapter or the law
1-14 codified by this chapter; or>
1-15 <(2) whose election to adopt this chapter and whose
1-16 acts subsequent to that election were validated by the law enacted
1-17 by House Bill 822, Acts of the 73rd Legislature, Regular Session,
1-18 1993>.
1-19 SECTION 2. Section 143.005, Local Government Code, is
1-20 amended to read as follows:
1-21 Sec. 143.005. STATUS OF EMPLOYEES WHEN <IF> CHAPTER BECOMES
1-22 APPLICABLE <ADOPTED>. Each fire fighter or police officer <serving
1-23 in a municipality that adopts this chapter and> who has been in the
1-24 service of the municipality for more than six months at the time
2-1 this chapter first becomes applicable to the municipality <is
2-2 adopted> and who is entitled to civil service classification has
2-3 the status of a civil service employee and is not required to take
2-4 a competitive examination to remain in the position the person
2-5 occupies at the time this chapter first becomes applicable to the
2-6 municipality <of the adoption>.
2-7 SECTION 3. Section 143.006(a), Local Government Code, is
2-8 amended to read as follows:
2-9 (a) The <On adoption of this chapter, the> Fire Fighters'
2-10 and Police Officers' Civil Service Commission is established in
2-11 each <the> municipality subject to this chapter. The chief
2-12 executive of the municipality shall appoint the members of the
2-13 commission within 60 days after the date this chapter first becomes
2-14 applicable to the municipality <is adopted>. Within 30 days after
2-15 the date the municipality's first full fiscal year begins after the
2-16 date this chapter first becomes applicable to the municipality <of
2-17 the adoption election>, the governing body of the municipality
2-18 shall implement this chapter.
2-19 SECTION 4. Section 143.012(a), Local Government Code, is
2-20 amended to read as follows:
2-21 (a) The <On adoption of this chapter, the> office of
2-22 Director of Fire Fighters' and Police Officers' Civil Service is
2-23 established in each <the> municipality subject to this chapter.
2-24 The commission shall appoint the director. The director shall
2-25 serve as secretary to the commission and perform work incidental to
2-26 the civil service system as required by the commission. The
2-27 commission may remove the director at any time.
3-1 SECTION 5. Section 143.004, Local Government Code, is
3-2 repealed.
3-3 SECTION 6. (a) On the effective date of this Act, Chapter
3-4 143, Local Government Code, as amended by this Act, first becomes
3-5 applicable for purposes of the changes in law made by this Act to a
3-6 municipality that is subject to Chapter 143, Local Government Code,
3-7 as amended by this Act, but that was not operating under that
3-8 chapter immediately before that date.
3-9 (b) A municipality to which Chapter 143, Local Government
3-10 Code, is, without regard to the holding of an election, applicable
3-11 because of the change in law made by this Act shall implement a
3-12 civil service system in the municipality in accordance with the
3-13 terms of Chapter 143, Local Government Code, as amended by this
3-14 Act.
3-15 SECTION 7. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.