1-1  By:  Whitmire                                          S.B. No. 755
    1-2        (In the Senate - Filed February 24, 1995; February 27, 1995,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; April 27, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 7, Nays 1;
    1-6  April 27, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 755                   By:  Leedom
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to procedures for certain employment matters concerning
   1-11  sheriff's department employees of certain counties.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 158.035, Local Government Code, is
   1-14  amended by amending Subsection (c) and by adding Subsection (d) to
   1-15  read as follows:
   1-16        (c)  In a county with a population of 2.8 million or more, a
   1-17  quorum of the commission <at least three commissioners> shall
   1-18  preside at the hearing <and vote on the commission's final
   1-19  decision> in any case involving termination, demotion, or recovery
   1-20  of back pay.  The commission's decision is considered in favor of
   1-21  the employee unless:
   1-22              (1)  a majority of commissioners at the hearing vote to
   1-23  terminate, demote, or deny a recovery of back pay; or
   1-24              (2)  if the commission's vote is a tie, a commissioner
   1-25  who was absent from the hearing, not later than the fifth day after
   1-26  the date of the hearing, reviews the records, tapes, and documents
   1-27  of the hearing and based on that review submits to the commission a
   1-28  written statement that the commissioner votes to terminate, demote,
   1-29  or deny a recovery of back pay.
   1-30        (d)  This subsection applies only to a county with a
   1-31  population of 2.8 million or more.  Not later than the 10th day
   1-32  before the date on which the commission holds a meeting to consider
   1-33  any change to the civil service rules, the commission shall provide
   1-34  written notice of the meeting by mail to the sheriff and to any
   1-35  employee organization that:
   1-36              (1)  represents employees governed by the commission;
   1-37  and
   1-38              (2)  requests notice under this subsection.
   1-39        SECTION 2.  This Act takes effect September 1, 1995.
   1-40        SECTION 3.  The importance of this legislation and the
   1-41  crowded condition of the calendars in both houses create an
   1-42  emergency and an imperative public necessity that the
   1-43  constitutional rule requiring bills to be read on three several
   1-44  days in each house be suspended, and this rule is hereby suspended.
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