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79R6945 YDB-F
By: Van de Putte S.B. No. 1050
A BILL TO BE ENTITLED
AN ACT
relating to the promotional system for municipal civil service fire
fighters and police officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.033(c), Local Government Code, is
amended to read as follows:
(c) Unless a different procedure is adopted under an
alternate promotional system as provided by Section 143.035, the
grade that must be placed on the eligibility list for each police
officer or fire fighter shall be computed by adding the applicant's
points for seniority to the applicant's grade on the written
examination, but only if the applicant scores a passing grade on the
written examination. Each applicant's grade on the written
examination is based on a maximum grade of 100 points and is
determined entirely by the correctness of the applicant's answers
to the questions. The passing grade [score] in a municipality with
a population of 1.5 million or more is prescribed by Section
143.108. In a municipality with a population of less than 1.5
million, all applicants who receive a grade on the written
examination of at least 70 points shall be determined to have passed
the examination. If a tie score occurs, the commission shall
determine a method to break the tie.
SECTION 2. Sections 143.036(a) and (f), Local Government
Code, are amended to read as follows:
(a) When a vacancy occurs in a nonentry position that is not
appointed by the department head as provided by Sections 143.014
and 143.102, the vacancy shall be filled as prescribed by this
section and Section 143.108, as applicable. A vacancy in a position
described by this subsection occurs on the date the position is
vacated by:
(1) resignation;
(2) retirement;
(3) death;
(4) promotion; or
(5) issuance of an indefinite suspension in accordance
with Section 143.052(b).
(f) Unless the department head has a valid reason for not
appointing the person, the department head shall appoint the
eligible promotional candidate having the highest grade on the
eligibility list. If the department head has a valid reason for not
appointing the eligible promotional candidate having the highest
grade, the department head shall personally discuss the reason with
the person being bypassed before appointing another person. The
department head shall also file the reason in writing with the
commission and shall provide the person being bypassed with a copy
of the written notice. On application of the bypassed eligible
promotional candidate, the reason the department head did not
appoint that person is subject to review by the commission or, on
the written request of the person being bypassed, by an independent
third party hearing examiner under Section 143.057.
SECTION 3. Section 143.057(a), Local Government Code, is
amended to read as follows:
(a) In addition to the other notice requirements prescribed
by this chapter, the written notice for a promotional bypass or the
letter of disciplinary action, as applicable, issued to a fire
fighter or police officer must state that in an appeal of an
indefinite suspension, a suspension, a promotional bypass
[passover], or a recommended demotion, the appealing fire fighter
or police officer may elect to appeal to an independent third party
hearing examiner instead of to the commission. The letter must also
state that if the fire fighter or police officer elects to appeal to
a hearing examiner, the person waives all rights to appeal to a
district court except as provided by Subsection (j).
SECTION 4. (a) The change in law made by this Act to Section
143.033, Local Government Code, applies only in relation to a
promotional examination given on or after the effective date of
this Act. A promotional examination given before the effective
date of this Act and matters dependent on the promotional
examination are governed by the law in effect at the time the
examination was given, and the prior law is continued in effect for
this purpose.
(b) The changes in law made by this Act to Sections 143.036
and 143.057, Local Government Code, apply only in relation to a
promotional bypass that occurs on or after the effective date of
this Act.
SECTION 5. This Act takes effect September 1, 2005.