JH C.S.H.B. 3324 75(R)    BILL ANALYSIS


URBAN AFFAIRS
C.S.H.B. 3324
By: Talton
4-10-97
Committee Report (Substituted)



BACKGROUND 

Chapter 143, Local Government Code is the Municipal Civil Service Act for
fire fighters and police officers in the state.  The Act applies to any
municipality with a population of 10,000 or more that adopts the Act by
referendum.  The Act sets out the majority of employment rules for fire
fighters and police officers, including rules related to hiring,
promotions, sick leave and vacation, salary, disciplinary actions,
investigations, and terminations.  The law was enacted to prevent
corruption and political influence in sensitive public safety jobs.   
 
PURPOSE

This bill would make substantive changes to the civil service system for
fire fighters and police officers. 
The bill, as proposed,  would clarify that disciplinary appeals made to
district court would be by trial de novo and that the the district court
shall grant no deference to a previous decision of the civil service
commission. It would clarify that an employee who successfully appeals a
disciplinary action is entitled to all back pay that they employee would
have received had they not been suspended.  It would require that
establish new rules with regards to the investigation of complaints and
require that the department furnish the employee with a copy of a
complaint or witness statement during an investigation.  The bill also
makes other technical and clarification amendments. 

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 Sec. 143.103, Local Government Code, to provide that
after September 1, 1997, a peace officer who is in a specialized police
division and who has not promoted to a rank above entry level, shall be
reclassified as a  member of the uniform and detective class without loss
of pay or benefits.  The seniority of a peace officer reclassified under
this subsection, for the purposes of transfers, regular days off, or
vacations shall be calculated from the date the officer became a member of
the police department if the officer transfers out of a specialized police
division. The seniority of a peace officer reclassified under this
subsection, for the purposes of transfers, regular days off, or vacations
shall be calculated from the date the officer was employed by the
municipality if the officer elects to remain in the specialized division.
Peace officers in specialized police divisions who have promoted to a
supervisory rank above entry level shall continue to promote within their
respective class and the department shall maintain the current career
ladder within the established specialized classes for this purpose.  As
special division supervisors at the lowest rank promote to a higher rank,
the vacated supervisory position in a specialized police division shall be
filled by the next police officer on an eligibility list for promotion to
the lowest supervisor rank from the uniform and detective class. A uniform
and detective class police officer who is promoted to fill a supervisor
position in a specialized police division shall remain a member of the
uniform and detective class. A supervisor of one class may exercise the
full sanctions, powers, and duties of their respective offices in the
supervision, management, and control of a member of another class who is
placed under the  command of the supervisor by the head of the police
department. 

SECTION 2.  Adds Sec. 143.1261, Local Government Code, which authorizes
the creation of legislative leave time banks. A police officer or fire
fighter may donate 1 hour per month of accumulated vacation or
compensatory time to a time bank established and maintained by the
municipality in the name of a police or fire employee organization.  The
police officer or fire fighter must authorize the donation in writing on a
form provided by the employee organization and approved by the
municipality. The municipality will transfer the donated time to the
employee organization's time bank account each month until such time that
the police officer or fire fighter revokes the authorization in writing.
Leave time donated to a time bank under this section may be used to fund
legislative leave used by a police officer or fire fighter who is a member
of a police or fire fighter employee organization in lieu of the cash
reimbursement required by  Section 143.126.  A request to use leave time
in an organizations time bank, must be made in writing and submitted to
the municipality by the president of the police or fire fighter
organization, or his designee. The municipality may determine the actual
cash value of the donated leave time and credit the amount to an account
in the name of the organization and then deduct the actual cash value of
legislative leave used from this account or exchange hours used by a
police officer or fire fighter for legislative leave on a one for one
basis for hours accumulated in the time bank account regardless of the
value.  An employee organization may not use more than 4000 hours from the
organization's legislative leave time bank in a calendar year. 
     
SECTION 3.  Effective Date. September 1, 1997.

SECTION 4.  EMERGENCY CLAUSE.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill would have amended Sec. 143.015, Local Government Code,
relating to disciplinary appeals by fire fighters or police officers to
district court.  The bill would have created a new section 143.058
relating to furnishing documents of an investigation.  The bill would have
amended Sec. 143.117 and Sec. 143.119 relating to the written statement
and charges of a suspension.  The bill would have amended Sec. 143.120
relating to a department head refusing to obey a decision of the civil
service commission. The bill would have amended Sec. 143.1215 relating to
the repayment of back wages after reinstatement.  The bill would have
amended Sec. 143.123 relating to the definition of "complainant" and
"interrogation". The bill would have amended Sec. 143.123 relating to the
right of a police officer or fire fighter to confer with legal counsel
during an investigation and the rules to be followed during the
investigation. The bill would have amended Sec. 143.128, 143.129, 143.130,
and 143.134 relating to the grievance procedure. 
 
The substitute amends Sec. 143.103 relating to the classification of peace
officers in specialized police divisions in certain municipalities.  The
substitute also creates a new section 143.1261 which authorizes a
legislative leave time bank in certain municipalities.  The original bill
amended sections of the civil service statute that applied to all
municipalities under the chapter, while the substitute amends and creates
new law that only applies to municipalities with a population of 1.5
million or more (Houston).