By Hunter                                       H.B. No. 2511

      75R7090 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to an alternate selection system for filling beginning

 1-3     positions in police departments.

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

 1-5           SECTION 1.  Section 143.021(c), Local Government Code, is

 1-6     amended to read as follows:

 1-7           (c)  Except as provided by Sections 143.013, 143.014,

 1-8     143.0251, 143.102, and 143.1251, an existing position or

 1-9     classification or a position or classification created in the

1-10     future either by name or by increase in salary may be filled only

1-11     from an eligibility list that results from an examination held or

1-12     from the application of other criteria established in accordance

1-13     with this chapter.

1-14           SECTION 2.  Section 143.025(b), Local Government Code, is

1-15     amended to read as follows:

1-16           (b)  Unless a police department uses an alternate selection

1-17     system adopted under Section 143.0265, an [An] eligibility list for

1-18     a beginning position in the fire or police department may be

1-19     created only as a result of a competitive examination held in the

1-20     presence of each applicant for the position.  The examination must

1-21     be based on the person's knowledge of and qualifications for fire

1-22     fighting and work in the fire department or for police work and

1-23     work in the police department and must inquire into the applicant's

1-24     general education and mental ability.  A person may not be

 2-1     appointed to the fire or police department except as a result of

 2-2     the examination or as a result of a police department's use of an

 2-3     alternate selection system adopted under Section 143.0265.

 2-4           SECTION 3.  Subchapter B, Chapter 143, Local Government Code,

 2-5     is amended by adding Section 143.0265 to read as follows:

 2-6           Sec. 143.0265.  ALTERNATE SELECTION SYSTEM FOR FILLING

 2-7     BEGINNING POSITIONS IN POLICE DEPARTMENT.  (a)  On the

 2-8     recommendation of the head of the police department and a majority

 2-9     vote of the sworn police officers in the department, the commission

2-10     may adopt an alternate selection system for filling beginning

2-11     positions in the police department.

2-12           (b)  The commission may order the director to conduct an

2-13     election and to submit the revised selection system to all sworn

2-14     police officers in the department.

2-15           (c)  The director shall hold an election on or after the 30th

2-16     day after the date that notice of the election is posted at the

2-17     department.  The election shall be conducted throughout each

2-18     regular work shift at an accessible location within the department

2-19     during a 24-hour period.

2-20           (d)  The ballot shall contain the specific amendment to the

2-21     selection procedure.  Each sworn police officer shall be given the

2-22     opportunity to vote by secret ballot for or against the amendment.

2-23           (e)  The revised selection system must be approved by a

2-24     majority vote of the sworn police officers voting.  A defeated

2-25     selection system amendment may not be placed on a ballot for a vote

2-26     by the sworn officers for at least 12 months after the date the

2-27     prior election was held, but this provision does not apply if the

 3-1     head of the department recommends a different proposal to the

 3-2     commission.

 3-3           (f)  The commission shall canvass the votes within 30 days

 3-4     after the date that the election is held.  An appeal alleging

 3-5     election irregularity must be filed with the commission within five

 3-6     working days after the date the election closes.  If approved by

 3-7     the sworn police officers, the selection system amendment becomes

 3-8     effective after all election disputes have been ruled on and the

 3-9     election votes have been canvassed by the commission.

3-10           (g)  In departments in which a collective bargaining

3-11     agreement exists, the alternate selection system must be approved

3-12     by the collective bargaining agent or entity representing the sworn

3-13     officers of the department.

3-14           (h)  The alternate selection system shall be based on

3-15     criteria designed to measure a person's fitness for the position.

3-16     Applicants for beginning positions must meet the requirements under

3-17     Sections 143.021, 143.022, and 143.023.

3-18           (i)  An eligibility list for a beginning position in the

3-19     police department may be created as a result of evaluating and

3-20     scoring applicants in a combination of job-related processes,

3-21     dimensions, or exercises.  A department that adopts the alternate

3-22     selection system will specify in writing information about the

3-23     development, job-relatedness, administration, scoring, and

3-24     interpretation of all elements used to determine placement on the

3-25     eligibility list.  Graded dimensions may include written exams,

3-26     oral interviews, physical assessments, education, military service,

3-27     and other dimensions as determined by the hiring agency to ensure

 4-1     that candidates are evaluated by a selection process that measures

 4-2     traits or characteristics that are a significant part of the job.

 4-3           (j)  At any time after an alternate selection system has been

 4-4     adopted under this section and has been in effect for at least 180

 4-5     days, the department head may petition the commission to terminate

 4-6     the alternate selection system, and after receiving the petition,

 4-7     the commission shall terminate the alternate system.

 4-8           (k)  If the alternate system is terminated, an additional

 4-9     list may not be created under the alternate system.

4-10           (l)  An existing eligibility list, whether created under the

4-11     system prescribed by this chapter or created under an alternate

4-12     system adopted under this section, may not be terminated before or

4-13     extended beyond its expiration date.  A person selected under an

4-14     alternate system has the same rights and the same status as a

4-15     person selected under other provisions of this chapter even if the

4-16     alternate system is later terminated.

4-17           SECTION 4.  Section 143.037, Local Government Code, is

4-18     amended by adding Subsection (e) to read as follows:

4-19           (e)  If a person is certified and appointed to a beginning

4-20     position in a department that has adopted an alternate selection

4-21     system under Section 143.0265, the director shall include in the

4-22     record required by this section any applicable information

4-23     described by Subsection (b) and any necessary information regarding

4-24     criteria applied to a person under the alternate system.

4-25           SECTION 5.  The importance of this legislation and the

4-26     crowded condition of the calendars in both houses create an

4-27     emergency and an imperative public necessity that the

 5-1     constitutional rule requiring that bills be read on three several

 5-2     days in each house be suspended, and this rule is hereby suspended,

 5-3     and that this Act take effect and be in force from and after its

 5-4     passage, and it is so enacted.