78R7351 KEG-F

By:  Hill                                                         H.B. No. 3352



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the head of a fire or police department 
to make certain appointments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 143.014(b) and (c), Local Government 
Code, are amended to read as follows:
	(b)  If approved by the governing body of the municipality by 
resolution or ordinance, the head of a fire or police department [in 
the municipality in which at least four classifications exist below 
the classification of department head] may appoint each person 
occupying an authorized position in the classification immediately 
below that of department head, as prescribed by this section.  The 
classification immediately below that of department head may 
include a person who has a different title but has the same pay 
grade.
	(c)  In a police department, the total number of persons 
appointed to the classification immediately below that of 
department head may not exceed the total number of persons, plus 
one, serving in that classification on January 1, 1983.  [In a fire 
department in a municipality having fewer than 300 certified fire 
fighters, the department head may appoint not more than one person 
to the classification immediately below that of department head.  
If a municipality has 300 to 600 certified fire fighters, the 
department head may appoint two persons to the classification.  If a 
municipality has more than 600 certified fire fighters, the 
department head may appoint three persons to the classification.] 
This subsection does not apply to a municipality that has adopted 
The Fire and Police Employee Relations Act (Section 174.001 et 
seq., Local Government Code[Article 5154c-1, Vernon's Texas Civil 
Statutes]) unless the municipality specifically adopts the 
appointment procedure prescribed by this subsection through the 
collective bargaining process.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.