By Hinojosa                                           H.B. No. 3492
         77R4570 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the promotion process for police officers in certain
 1-3     municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 143.033, Local Government Code, is amended
 1-6     by amending Subsections (c) and (d) and adding Subsection (e) to
 1-7     read as follows:
 1-8           (c)  In the police department, one point shall be deducted
 1-9     from the promotional candidate's grade for each complaint sustained
1-10     against the police officer by the department that does not concern
1-11     the officer's discretionary judgment in the enforcement of a
1-12     traffic law, except that five points shall be deducted from the
1-13     candidate's grade for each allegation sustained against the
1-14     candidate by the department for using excessive force, perjury,
1-15     other job-related lying, spousal abuse, or wilful tampering with
1-16     evidence.  A maximum of 20 points may be deducted from a
1-17     candidate's grade based on sustained complaints.
1-18           (d)  Unless a different procedure is adopted under an
1-19     alternate promotional system as provided by Section 143.035, the
1-20     grade that must be placed on the eligibility list for each police
1-21     officer or fire fighter shall be computed by adding the applicant's
1-22     points for seniority to the applicant's grade on the written
1-23     examination and, for a police officer, subtracting points in
1-24     accordance with Subsection (c) for complaints sustained against the
 2-1     applicant.  Each applicant's grade on the written examination is
 2-2     based on a maximum grade of 100 points and is determined entirely
 2-3     by the correctness of the applicant's answers to the questions.
 2-4     The passing score in a municipality with a population of 1.5
 2-5     million or more is prescribed by Section 143.108. In a municipality
 2-6     with a population of less than 1.5 million, all applicants who
 2-7     receive a grade of at least 70 points shall be determined to have
 2-8     passed the examination.  If a tie score occurs, the commission
 2-9     shall determine a method to break the tie.
2-10           (e) [(d)]  Within 24 hours after a promotional examination is
2-11     held, the commission shall post the individual raw test scores on a
2-12     bulletin board located in the main lobby of the city hall.
2-13           SECTION 2. This Act takes effect September 1, 2001, and the
2-14     change in law made by this Act applies only to an eligibility list
2-15     created on or after that date.