By:  Whitmire                                          S.B. No. 755
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to procedures for certain employment matters concerning
    1-2  sheriff's department employees of certain counties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 158.035, Local Government Code, is
    1-5  amended by amending Subsection (c) and by adding Subsection (d) to
    1-6  read as follows:
    1-7        (c)  In a county with a population of 2.8 million or more, a
    1-8  quorum of the commission <at least three commissioners> shall
    1-9  preside at the hearing <and vote on the commission's final
   1-10  decision> in any case involving termination, demotion, or recovery
   1-11  of back pay.  The commission's decision is considered in favor of
   1-12  the employee unless:
   1-13              (1)  a majority of commissioners at the hearing vote to
   1-14  terminate, demote, or deny a recovery of back pay; or
   1-15              (2)  if the commission's vote is a tie, a commissioner
   1-16  who was absent from the hearing, not later than the fifth day after
   1-17  the date of the hearing, reviews the records, tapes, and documents
   1-18  of the hearing and based on that review submits to the commission a
   1-19  written statement that the commissioner votes to terminate, demote,
   1-20  or deny a recovery of back pay.
   1-21        (d)  This subsection applies only to a county with a
   1-22  population of 2.8 million or more.  Not later than the 10th day
   1-23  before the date on which the commission holds a meeting to consider
   1-24  any change to the civil service rules, the commission shall provide
    2-1  written notice of the meeting by mail to the sheriff and to any
    2-2  employee organization that:
    2-3              (1)  represents employees governed by the commission;
    2-4  and
    2-5              (2)  requests notice under this subsection.
    2-6        SECTION 2.  This Act takes effect September 1, 1995.
    2-7        SECTION 3.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended.