BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2283

80R14151 EJI-F                                                                                               By: Chavez (Watson)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/17/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law provides for a sheriff's civil service commission for certain counties which provides a property right to those jobs in the commission covered by the law.  As a result, deputy sheriffs under this system can only be fired for cause.  This conflicts with Section 85.003 (Deputies), Local Government Code, which requires  deputy sheriffs commissions to be reissued anytime a new sheriff is elected and provides that  those deputies serve at the pleasure of the elected sheriff. 

 

H.B. 2283 includes deputy sheriffs in the coverage of a civil service system and provides that deputies in such a system are only authorized to be suspended for a violation of a civil service rule adopted under that system. 

 

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 85.003, Local Government Code, by amending Subsection (c) and adding Subsection (f), as follows:

 

(c)  Provides that a deputy serves at the pleasure of the sheriff, except as provided by Subsection (f).  Authorizes the sheriff to revoke the appointment of the deputy on the deputy's indictment for a felony. 

 

(f)  Authorizes the suspension or removal of a deputy who is included in the coverage of a civil service system created under Chapter 158 (County Civil Service) only for violation of a civil service rule adopted under that system. 

 

SECTION 2.  Effective date: upon passage or September 1, 2007.