BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3409

79R14857 KEG-F                                                                                                  By: Rose (Harris)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/20/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Section 142.002, Local Government Code, limits the ability of a municipality to adopt civil service for police and fire fighters employed by the municipality to those cities with a population of 10,000 or greater along with other requirements.  Currently, a municipality that had not reached the 10,000 population plateau before the decennial census would not be eligible to adopt Chapter 143 until the next decennial census even though population growth would otherwise make the municipality eligible.

 

H.B. 3409 authorizes a municipality to adopt civil service based on the most recent census data as determined by either the state demographer or federal decennial census.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 143.002, Local Government Code, as follows:

 

Sec. 143.002.  MUNICIPALITIES COVERED BY CHAPTER.  (a)  Creates this subsection from existing text.

 

(b)  Provides that population under Subsection (a)(1) (10,000 or more) is determined by the most recent federal decennial census or a certain annual population estimate provided by the state. 

 

(c)  Provides that if this chapter applies to a municipality as provided by Subsection (a), the application of this chapter to the municipality is not affected if the municipality's population changes and no longer meets the population requirement of Subsection (a)(1).  

 

SECTION 2.  Effective date: upon passage or September 1, 2005.