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.