By Yarbrough                                          H.B. No. 1540

         75R1628 JRD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the sheriff's department civil service system in

 1-3     certain counties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.   Section 158.034, Local Government Code, is

 1-6     amended to read as follows:

 1-7           Sec. 158.034.  APPOINTMENT OF COMMISSION.  (a)  In a county

 1-8     with a population of less than 2.8 million, if [If] a majority of

 1-9     the employees voting at the election approve  the creation of a

1-10     sheriff's department civil service system, the sheriff,

1-11     commissioners court, and district attorney shall each appoint one

1-12     person to serve as a member of the civil service commission that

1-13     administers the system.  In a county with a population of 2.8

1-14     million or more, if a majority of the employees voting at the

1-15     election approve the creation of a sheriff's department civil

1-16     service system, the sheriff, commissioners court, and district

1-17     attorney shall each appoint two persons to serve as members of the

1-18     civil service commission that administers the system, and the three

1-19     appointing authorities shall appoint one member by joint action

1-20     requiring the affirmative vote of each of the authorities.

1-21           (b)  The sheriff shall designate one of the members as

1-22     chairman of the commission.

1-23           (c) [(b)]  Each member of the commission is appointed for a

1-24     term of two years.  However, the initial members of the commission

 2-1     in a county with a population of less than 2.8 million shall

 2-2     determine by lot which  two of them will serve a term of two years

 2-3     and which one of them will serve a term of one year. In a county

 2-4     with a population of 2.8 million or more:

 2-5                 (1)  the initial member appointed jointly under

 2-6     Subsection (a) serves a term of two years; and

 2-7                 (2)  the initial members appointed by each individual

 2-8     appointing authority shall determine by lot which one of the two

 2-9     initial members appointed by the appointing authority will serve a

2-10     term of two years and which initial member appointed by that

2-11     authority will serve a term of one year.

2-12           (d) [(c)]  The entity that appointed a member of the

2-13     commission whose position becomes vacant shall appoint a person to

2-14     serve the unexpired part of the member's term.

2-15           (e) [(d)]  To be eligible for appointment to the commission,

2-16     a person must:

2-17                 (1)  be at least 25 years old; and

2-18                 (2)  have resided in the county for the three years

2-19     immediately preceding the date on which the person's term will

2-20     begin.

2-21           SECTION 2.  Section 158.035(c), Local Government Code, is

2-22     amended to read as follows:

2-23           (c)  In a county with a population of 2.8 million or more, a

2-24     panel of [at least] three commissioners shall preside at the

2-25     hearing  and vote on the commission's final decision in any case

2-26     involving termination, demotion, or recovery of back pay. A panel's

2-27     decision is the final decision of the commission for purposes of

 3-1     Sections 158.0351 and 158.037. The commission shall adopt rules

 3-2     prescribing the commission's procedures for assigning members to a

 3-3     panel.

 3-4           SECTION 3.  Notwithstanding Section 158.034(b), Local

 3-5     Government Code, as amended by this Act, in a county with a

 3-6     population of 2.8 million or more that established a sheriff's

 3-7     department civil service system before the effective date of this

 3-8     Act:

 3-9                 (1)  the term of each of the three members of the

3-10     commission serving immediately before the effective date of this

3-11     Act continues in effect for the full two years provided by law;

3-12                 (2)  as soon as possible after the effective date of

3-13     this Act, the sheriff, commissioners court, and district attorney

3-14     shall jointly appoint one member of the commission for an initial

3-15     term of more than one year but not more than two years that expires

3-16     on the date that the term of a member of the commission serving

3-17     immediately before the effective date of this Act expires; and

3-18                 (3)  as soon as possible after the effective date of

3-19     this Act, the sheriff, commissioners court, and district attorney

3-20     shall each appoint one member for a term that expires on the next

3-21     date that the term of a member of the commission serving

3-22     immediately before the effective date of this Act expires that is

3-23     not also the date that the current term to which the appointing

3-24     authority already appoints a member expires.

3-25           SECTION 4.  The importance of this legislation and the

3-26     crowded condition of the calendars in both houses create an

3-27     emergency and an imperative public necessity that the

 4-1     constitutional rule requiring bills to be read on three several

 4-2     days in each house be suspended, and this rule is hereby suspended,

 4-3     and that this Act take effect and be in force from and after its

 4-4     passage, and it is so enacted.

 4-5                          COMMITTEE AMENDMENT NO. 1

 4-6           Amend H.B. No. 1540 on page 3, line 3, after the period, by

 4-7     inserting "A panel may not include more than one member who was

 4-8     appointed to the commission by the same individual appointing

 4-9     authority."

4-10     75R9922 JRD-D                                             Gutierrez