BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1673

                                                                                                                                     By: Barrientos

                                                                                                                                    County Affairs

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, civil service exclusively for a sheriff's department is available only in those counties with a population of 500,000 or more.  Sheriff's department employees in a county with a population between 200,000 and 500,000 cannot elect civil service for only the sheriff's department as counties with a population over 500,000 are able to do. 

 

S.B. 1673 allows counties with a population between 200,000 and 500,000 to adopt civil service for the sheriff's department only.

 

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

 

Sec. 158.0025.  CREATION OF SHERIFF'S DEPARTMENT CIVIL SERVICE SYSTEM IN CERTAIN COUNTIES NOT COVERED BY SUBCHAPTER B.  (a)  Provides that this section only applies to a county with a population of 200,000 or more.  Sets forth certain exemptions to this provision.

 

(b)  Authorizes the commissioners court of a county to which this section applies to create a civil service system under this section to include only the employees of the sheriff's department of the county.

 

(c)  Authorizes a sheriff's department civil service system (system) to be created under this section by an order in accordance with Section 158.003 (Creation by Order) or by an election in accordance with Section 158.004 (Creation by Election).

 

(d)  Requires the commissioners court, notwithstanding Section 158.005(b) (pertaining to specific ballot language) to order a ballot at the election to be printed to provide voting for or against a certain proposition if an election is ordered under Section 158.004 on the question of the creation of a system under this section.  Sets forth specific language of the proposition.

 

(e)   Requires the commissioners court, notwithstanding Section 158.014(c) (Dissolution of System) to order a ballot at the election to be printed to provide voting for or against a certain proposition if an election is called to determine whether a system created under this section will be dissolved under that section.  Sets forth specific language of the proposition.

 

(f)  Provides that Sections 158.0065 (Petition to Create by Order or Election) and 158.007 (Expanded Coverage or Dissolution of System in Populous Counties) do not apply to a system created under this section.

 

(g)  Provides that, except as otherwise provided by this section, the provisions of this subchapter that would govern the operation of a civil service system created for all employees of a county under this chapter apply to the operation of a civil service system created for the employees of the sheriff's department of a county under this section.

 

SECTION 2.  Amends the heading to Subchapter B, Chapter 158, Local Government Code, to read as follows:

 

SUBCHAPTER B. SHERIFF'S DEPARTMENT CIVIL SERVICE SYSTEM IN CERTAIN COUNTIES.

 

SECTION 3.  Effective date

 

EFFECTIVE DATE

 

September 1, 2005