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.