BILL ANALYSIS
By: Reyna
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently, a citizen appointed to a civil service commission in a municipality may not have held a public office during the three years prior to appointment. When this section of the Local Government Code was passed by the Legislature in 1987, the legislature's intent was to prevent political influence from entering the civil service process. This language, however, prevents the reappointment of a commissioner who has held public office in the previous year by serving on the civil service commission.
C.S.H.B. 150 would amend the Local Government Code to not prohibit a municipality from reappointing a commission member to consecutive terms.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 150 amends the Local Government Code to clarify that a municipality is not prohibited from reappointing a commission member to no more than three consecutive terms, or to a fourth or subsequent consecutive terms if approved by a super majority of the city council, or appointing a former commission member to the commission if the only public office held by the former member within the previous three years is membership on the commission.
EFFECTIVE DATE
This act takes effect September 1, 2005 or 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.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 150 modifies the original version by allowing the reappointment of a commission member to no more than three consecutive terms unless the governing body of the municipality confirms appointment of the commission member to a fourth or subsequent consecutive terms by a super majority vote.