This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.


                                                                                

79R8064 KSD-F

By:  Barrientos                                                   S.B. No. 1673


A BILL TO BE ENTITLED
AN ACT
relating to the creation of a sheriff's department civil service system in certain counties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 158.032, Local Government Code, is amended to read as follows: Sec. 158.032. CREATION OF CIVIL SERVICE SYSTEM [ELIGIBLE DEPARTMENTS]. (a) A sheriff's department in a county with a population of more than 500,000 may [, in accordance with this subchapter,] create a civil service system in accordance with Section 158.033. (b) A sheriff's department in a county with a population of more than 200,000, other than a county to which Subsection (a) applies, may create a civil service system in accordance with Section 158.0335. SECTION 2. The heading to Section 158.033, Local Government Code, is amended to read as follows: Sec. 158.033. PETITION AND ELECTION IN COUNTY WITH POPULATION OF MORE THAN 500,000. SECTION 3. Section 158.033, Local Government Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows: (a) If at least 20 percent of the employees of a sheriff's department eligible to create a civil service system [an eligible department] under Section 158.032(a) [this subchapter] sign a petition requesting an election under this section and present the petition to the county judge of the employing county, the judge shall order a departmental election on the question of the creation of a sheriff's department civil service system. (e) If a majority of the employees voting at an election approve the creation of a sheriff's department civil service system, the commissioners court shall order the creation of the system in accordance with this subchapter. SECTION 4. Subchapter B, Chapter 158, Local Government Code, is amended by adding Section 158.0335 to read as follows: Sec. 158.0335. PETITION AND ADOPTION OR ELECTION IN CERTAIN COUNTIES WITH A POPULATION OF MORE THAN 200,000. (a) If a majority of the employees of a sheriff's department eligible to create a civil service system under Section 158.032(b) sign a petition requesting the adoption of a civil service system for the sheriff's department, the commissioners court, within 30 days of the date the commissioners court receives the petition, shall by order create a civil service system in accordance with this subchapter or order an election to determine whether a civil service system should be created in the county. (b) An election ordered under this section must be held on the first date prescribed by Chapter 41, Election Code, that occurs after the date the commissioners court orders the election and that allows sufficient time to comply with other requirements of law. (c) The ballot for an election ordered under this section shall be printed to allow voting for or against the proposition: "Authorizing __________ (name of county) to operate under the state law creating a civil service system for the sheriff's department." (d) An election called under this section must be held and the returns prepared and canvassed in conformity with the Election Code. (e) If an election authorized under this section is held, the commissioners court must order the creation of a civil service system in accordance with this chapter if a majority of the votes cast at the election favor the proposition. (f) If an election authorized under this section is held, the employees of the sheriff's department may not submit a petition under Subsection (a) before the second anniversary of the date of the election. SECTION 5. Section 158.034(a), Local Government Code, is amended to read as follows: (a) In a county with a population of less than 2.8 million that has adopted [, if a majority of the employees voting at the election approve the creation of] a sheriff's department civil service system under this subchapter, the sheriff, commissioners court, and district attorney shall each appoint one person to serve as a member of the civil service commission that administers the system. In a county with a population of 2.8 million or more that has adopted [, if a majority of the employees voting at the election approve the creation of] a sheriff's department civil service system under this subchapter, the sheriff, commissioners court, and district attorney shall each appoint two persons to serve as members of the civil service commission that administers the system, and the three appointing authorities shall appoint one member by joint action requiring the affirmative vote of each of the authorities. SECTION 6. This Act takes effect September 1, 2005.