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.