76R6690 KLA-D                           
         By Siebert                                            H.B. No. 1280
         Substitute the following for H.B. No. 1280:
         By Hill                                           C.S.H.B. No. 1280
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to entrance examinations for beginning positions in the
 1-3     police departments of certain municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 143.025, Local Government Code, is
 1-6     amended to read as follows:
 1-7           Sec. 143.025.  ENTRANCE EXAMINATIONS.  (a)  The commission
 1-8     shall provide for open, competitive, and free entrance examinations
 1-9     to provide eligibility lists for beginning positions in the fire
1-10     and police departments.  The examinations are open to each person
1-11     who makes a proper application and meets the requirements
1-12     prescribed by this chapter.
1-13           (b)  An eligibility list for a beginning position in the fire
1-14     or police department may be created only as a result of a
1-15     competitive examination held in the presence of each applicant for
1-16     the position, except as provided by Subsections (d) and (e).  The
1-17     examination must be based on the person's knowledge of and
1-18     qualifications for fire fighting and work in the fire department or
1-19     for police work and work in the police department and must inquire
1-20     into the applicant's general education and mental ability.  A
1-21     person may not be appointed to the fire or police department except
1-22     as a result of the examination.
1-23           (c)  An applicant may not take an examination unless at least
1-24     one other applicant taking the examination is present.
 2-1           (d)  Examinations for beginning positions in the fire
 2-2     department may be held at different locations if each applicant
 2-3     takes the same examination and is examined in the presence of other
 2-4     applicants.
 2-5           (e)  This subsection applies only in a municipality to which
 2-6     Subchapter J does not apply. An examination for beginning positions
 2-7     in the police department must be held at one or more locations in
 2-8     the municipality in which the police department is located and may
 2-9     be held at additional locations outside of the municipality.  An
2-10     examination held at multiple locations must be administered on the
2-11     same day and at the same time at each location at which it is
2-12     given.  Only one eligibility list for a police department may be
2-13     created from that examination, and only one eligibility list may be
2-14     in effect at a given time.  Each applicant who takes the
2-15     examination for the eligibility list shall:
2-16                 (1)  take the same examination; and
2-17                 (2)  be examined in the presence of other applicants
2-18     for that eligibility list.
2-19           (f)  An additional five points shall be added to the
2-20     examination grade of an applicant who served in the United States
2-21     armed forces, received an honorable discharge, and made a passing
2-22     grade on the examination.
2-23           (g) [(f)]  An applicant may not take the examination for a
2-24     particular eligibility list more than once.
2-25           (h) [(g)]  The commission shall keep each eligibility list
2-26     for a beginning position in effect for a period of not less than
2-27     six months or more than 12 months, unless the names of all
 3-1     applicants on the list have been referred to the appropriate
 3-2     department.  The commission shall determine the length of the
 3-3     period.  The commission shall give new examinations at times the
 3-4     commission considers necessary to provide required staffing for
 3-5     scheduled fire or police training academies.
 3-6           (i) [(h)]  The grade to be placed on the eligibility list for
 3-7     each applicant shall be computed by adding an applicant's points
 3-8     under Subsection (f) [(e)], if any, to the applicant's grade on the
 3-9     written examination.  Each applicant's grade on the written
3-10     examination is based on a maximum grade of 100 percent and is
3-11     determined entirely by the correctness of the applicant's answers
3-12     to the questions.  The minimum passing grade on the examination is
3-13     70 percent.  An applicant must pass the examination to be placed on
3-14     an eligibility list.
3-15           SECTION 2.   This Act takes effect September 1, 1999, and
3-16     applies only to an entrance examination that is held on or after
3-17     the effective date of this Act.  An entrance examination that is
3-18     held before the effective date of this Act and an eligibility list
3-19     created from that examination is governed by the law in effect on
3-20     the day the examination was held, and the former law is continued
3-21     in effect for that purpose.
3-22           SECTION 3.  The importance of this legislation and the
3-23     crowded condition of the calendars in both houses create an
3-24     emergency and an imperative public necessity that the
3-25     constitutional rule requiring bills to be read on three several
3-26     days in each house be suspended, and this rule is hereby suspended.