By Serna H.B. No. 2393
75R7996 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a civil service system for community supervision and
1-3 corrections departments in certain counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 158, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. CIVIL SERVICE SYSTEM FOR COMMUNITY
1-8 SUPERVISION AND CORRECTIONS DEPARTMENT
1-9 Sec. 158.101. DEFINITIONS. In this subchapter:
1-10 (1) "Commission" means a civil service commission for
1-11 a community supervision and corrections department.
1-12 (2) "Employee" means an employee of a community
1-13 supervision and corrections department who obtains a position by
1-14 appointment and who is not authorized by statute to perform
1-15 governmental functions involving an exercise of discretion in the
1-16 person's own right.
1-17 (3) "Department" means a community supervision and
1-18 corrections department.
1-19 Sec. 158.102. ELIGIBLE DISTRICTS. A judicial district with
1-20 jurisdiction in a county that has a boundary that is contiguous
1-21 with the border between this state and the United Mexican States
1-22 may, in accordance with this subchapter, create a civil service
1-23 system for the community supervision and corrections department
1-24 that serves the judicial district.
2-1 Sec. 158.103. EMPLOYEES COVERED. The civil service system
2-2 includes all the employees of the community supervision and
2-3 corrections department who are not exempted from the system by the
2-4 express terms of this subchapter.
2-5 Sec. 158.104. ACTION BY DISTRICT JUDGES. A reference in
2-6 this subchapter to the district judge means the district judge who
2-7 tries criminal cases in the judicial district. If the judicial
2-8 district has more than one district judge who tries criminal cases
2-9 in the district, a reference in this subchapter to the district
2-10 judge means a majority of those judges.
2-11 Sec. 158.105. CREATION BY ORDER. (a) A civil service system
2-12 for the community supervision and corrections department may be
2-13 created by an order adopted by the district judge.
2-14 (b) A copy of an order adopted under this section shall be
2-15 kept by the district judge. The copy of the order is public
2-16 information.
2-17 Sec. 158.106. APPOINTMENT OF COMMISSION. (a) If a civil
2-18 service system is created under this subchapter, the district judge
2-19 shall appoint five persons to serve as the members of the civil
2-20 service commission that administers the system and designate one of
2-21 the members as the presiding officer of the commission.
2-22 (b) Each member of the commission is appointed for a term of
2-23 two years.
2-24 (c) The district judge shall fill a vacancy on the
2-25 commission by appointing a person to serve the unexpired part of
2-26 the term of the member whose position is vacant.
2-27 (d) To be eligible for appointment to the commission, a
3-1 person must:
3-2 (1) be at least 25 years of age; and
3-3 (2) have resided in a county in which the judicial
3-4 district has jurisdiction for the three years immediately preceding
3-5 the date on which the person's term will begin.
3-6 Sec. 158.107. POWERS OF THE COMMISSION. (a) The commission
3-7 shall adopt, publish, and enforce rules regarding:
3-8 (1) selection and classification of employees;
3-9 (2) competitive examinations;
3-10 (3) promotions, seniority, and tenure;
3-11 (4) layoffs and dismissals;
3-12 (5) disciplinary actions;
3-13 (6) grievance procedures; and
3-14 (7) other matters relating to the selection of
3-15 employees and the procedural and substantive rights, advancement,
3-16 benefits, and working conditions of employees.
3-17 (b) The commission may adopt or use as a guide any civil
3-18 service law or rule of the United States, this state, or a
3-19 political subdivision in this state to the extent that the law or
3-20 rule promotes the purposes of this subchapter and serves the needs
3-21 of the judicial district.
3-22 (c) The commission may not adopt or enforce a rule requiring
3-23 an employee to retire because of age. The commission may adopt a
3-24 rule requiring an employee, on reaching an age set by the
3-25 commission, to submit annually to the commission an affidavit from
3-26 a physician stating that the employee is physically and mentally
3-27 capable of continuing employment.
4-1 Sec. 158.108. COMPENSATION AND STAFF. The members of the
4-2 commission serve without compensation, but the district judge shall
4-3 reimburse each member for all necessary expenses incurred in
4-4 performing the member's duties. The district judge shall provide
4-5 the commission with adequate office space and sufficient funds to
4-6 employ an adequate staff and to purchase necessary supplies and
4-7 equipment.
4-8 Sec. 158.109. APPEALS. (a) An employee who, on a final
4-9 decision by the commission, is demoted, suspended, or removed from
4-10 the employee's position may appeal the decision by filing a
4-11 petition in district court within 30 days after the date of the
4-12 decision.
4-13 (b) The judgment of the district court is appealable as in
4-14 other civil cases.
4-15 (c) If the district court renders judgment for the
4-16 petitioner, the court may order reinstatement of the employee,
4-17 payment of back pay, or other appropriate relief.
4-18 Sec. 158.110. DISSOLUTION OF SYSTEM. (a) If, after a civil
4-19 service system under this subchapter has been in effect for at
4-20 least one year, 10 percent of the registered voters of the judicial
4-21 district petition the district judge to dissolve the system, the
4-22 district judge shall call an election to determine whether the
4-23 system will be dissolved.
4-24 (b) The ballot for the election shall be printed to provide
4-25 for voting for or against the proposition: "Dissolution of the
4-26 civil service system for the community supervision and corrections
4-27 department."
5-1 (c) If the proposition is approved by a majority of the
5-2 voters voting at the election, the district judge shall declare the
5-3 result and by order dissolve the civil service system. A copy of
5-4 the order dissolving the system shall be placed in the minutes of
5-5 the court's proceedings.
5-6 Sec. 158.111. LIMITATION ON ELECTIONS. The district judge
5-7 may not call an election under Section 158.110 for at least two
5-8 years after the date of any previous election under that section.
5-9 SECTION 2. This Act takes effect September 1, 1997.
5-10 SECTION 3. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended.