BWH H.B. 1540 75(R)BILL ANALYSIS


COUNTY AFFAIRS
H.B. 1540
By: Yarbrough
4-2-97
Committee Report (Amended)



BACKGROUND 

During the 73rd Legislative Session, in response to a different problem,
the Legislature changed the sheriff's department civil service commission
quorums from two to all three members.  The new quorum standard has
resulted in a backlog of work for the commission in large counties. This
backlog is due primarily because it is difficult for all three
commissioners to attend simultaneously. 

PURPOSE

This legislation changes the procedure for appointing and the authority of
a sheriff's department civil service commission and panel in a county with
a population of more than 2.8 million or more. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 158.034, Local Government Code, as follows:

 1) Subsection (a) requires if in a county with a population of more than
2.8 million, a majority of the employees voting at the election approve
the creation of a sheriff's department civil service system, the sheriff,
commissioners court, and district attorney shall each appoint two persons
to serve as members of the civil service commission that administers the
system, and the three  appointing authorities shall appoint one member by
joint action requiring the affirmative votes of each of the authorities; 

 2) Subsection (b) provides the sheriff shall designate one of the members
as chairman of the commission; and 

 3) Subsection (c) provides that each member of the commission is
appointment for a term of two years.   The initial members of the
commission in a county with a population of less than 2.8 million shall
determine by lot which two of them will serve a term of two years and
which one of them will serve a term of one year.  In a county with a
population of 2.8 million or more the initial member appointed jointly
under Subsection (a) serves a term of two years; and the initial members
appointed by each individual appointing authority shall determine by lot
which one of the two initial members appointed by the appointing authority
will serve a term of two years and which initial member appointed by that
authority will serve a term of one year. 
 
SECTION 2. Amends Subsection (c), Section 158.035, Local Government Code,
as follows to provide that, in a county with a population of 2.8 million
or more, a panel of three commissioners shall preside and vote on the
commission's final decision in any case involving termination, demotion,
or recovery of back pay.  A panel's decision is a final decision of the
commission for purposes of Sections 158.0351 and 158.037. The commission
shall adopt rules prescribing the commission's procedures for assigning
members to a panel. 
 
SECTION 3. Instructional language regarding the terms for commissioners of
a commission created before the effective date of this act.  

SECTION 4. Emergency clause.


EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 adds language to Section 158.035(c) to provide
that each panel member must be appointed by a different appointing
authority.