By:  Bivins                                  S.B. No. 1483

         97S0775/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the appointment of certain officers and employees of

 1-2     the Department of Public Safety of the State of Texas.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsections (e) and (f), Section 411.007,

 1-5     Government Code, are amended to read as follows:

 1-6           (e)  An officer or employee of the department may not be

 1-7     discharged without just cause.  The director shall determine

 1-8     whether an officer or employee is to be discharged.  An officer or

 1-9     employee ordered discharged may appeal to the commission, and

1-10     during the appeal the officer or employee shall be suspended

1-11     without pay.  Except as provided in Subsection (f), the [The]

1-12     department may not discharge, suspend, or demote a commissioned

1-13     officer except for the violation of a specific commission rule.  If

1-14     the department discharges, suspends, or demotes an officer, the

1-15     department shall deliver to the officer a written statement giving

1-16     the reasons for the action taken.  The written statement must point

1-17     out each commission rule alleged to have been violated by the

1-18     officer and must describe the alleged acts of the officer that the

1-19     department contends are in violation of the commission rules.  An

1-20     officer commissioned by the department may not be suspended,

1-21     terminated, or subjected to any form of discrimination by the

1-22     department because of the refusal of the officer to take a

1-23     polygraph examination.

 2-1           (f)  The commission shall establish grades and positions for

 2-2     the department.  For each grade and position the commission shall

 2-3     designate the authority and responsibility within the limits of

 2-4     this chapter, set standards of qualifications, and fix

 2-5     prerequisites of training, education, and experience.  The

 2-6     commission shall adopt necessary rules for the appointment,

 2-7     promotion, reduction, suspension, and discharge of all employees

 2-8     after hearing before the commission.  A discharged officer or

 2-9     employee is entitled, on application to the commission, to a public

2-10     hearing before the commission, who shall affirm or set aside the

2-11     discharge.  A person inducted into the service of the department is

2-12     on probation for the first two years [one year] of service and at

2-13     any time during that period may be discharged without the public

2-14     hearing provided for by this subsection if the director, with the

2-15     advice and consent of the commission, finds the person to be

2-16     unsuitable for the work.  Except as provided in Section 411.0071, a

2-17     person promoted into a position through the competitive process of

2-18     the department is on probation for the first two years of service

2-19     in that position, and at any time during that period the person may

2-20     be removed from the position and returned to the position that the

2-21     person held immediately prior to the time of the promotion; the

2-22     removal may be without cause and shall not be considered as based

2-23     on any charge of misconduct by the person.  If the person is

2-24     removed from the position to which the person was promoted through

2-25     the competitive process as a result of the filing of a formal

 3-1     charge of misconduct, only in the event the individual is

 3-2     exonerated must the person be returned to the position that the

 3-3     person held immediately prior to being promoted.  If the charges of

 3-4     misconduct are sustained, the individual may be subject to any

 3-5     disciplinary action deemed appropriate by the director.

 3-6           SECTION 2.  Subchapter A, Chapter 411, Government Code, is

 3-7     amended by adding Section 411.0071 to read as follows:

 3-8           Sec. 411.0071.  DIRECT APPOINTMENT TO KEY POSITIONS BY

 3-9     DIRECTOR.  (a)  The director may designate as a key position a

3-10     position in the department that involves working directly with the

3-11     director or working on a special assignment in the department.

3-12           (b)  The director may directly appoint a person to a position

3-13     designated as a key position under Subsection (a) under criteria

3-14     determined solely by the director.  The director's appointment of a

3-15     person to a key position or transfer of a person from a key

3-16     position to another position for which the person is qualified, as

3-17     determined solely by the director, is not subject to Section

3-18     411.007 or 411.0075.  A person appointed to a key position under

3-19     this section, on removal from that position, shall be returned to

3-20     the rank the person held, or its equivalent, immediately prior to

3-21     appointment to the key position.  If the person is removed from the

3-22     key position as the result of the filing of formal charges of

3-23     misconduct, only in the event the individual is exonerated shall

3-24     the provisions of this subsection apply.

3-25           SECTION 3.  The provisions of this Act apply only to

 4-1     appointments and promotions made on or after the effective date of

 4-2     this Act.  A person serving in what is designated as a key position

 4-3     at the time of the effective date of this Act shall maintain all

 4-4     rights to that position held by the person prior to the effective

 4-5     date of this Act.  A person promoted through the competitive

 4-6     process prior to the effective date of this Act shall not be

 4-7     subject to the probationary period provided by Subsection (f),

 4-8     Section 411.007, Government Code, as amended by this Act.

 4-9           SECTION 4.  This Act takes effect on September 1, 1997.

4-10           SECTION 5.  The importance of this legislation and the

4-11     crowded condition of the calendars in both houses create an

4-12     emergency and an imperative public necessity that the

4-13     constitutional rule requiring bills to be read on three several

4-14     days in each house be suspended, and this rule is hereby suspended,

4-15     and that this Act take effect and be in force from and after its

4-16     passage, and it is so enacted.