H.B. No. 3352
 
 
 
 
AN ACT
  relating to municipal civil service for firefighters and police
  officers in certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 143.025, Local Government Code, is
  amended by adding Subsection (k) to read as follows:
         (k)  This section does not apply to a police department
  located in a municipality with a population of 1.5 million or more.
         SECTION 2.  Section 143.057(d), Local Government Code, is
  amended to read as follows:
         (d)  If the appealing fire fighter or police officer chooses
  to appeal to a hearing examiner, the fire fighter or police officer
  and the department head, or their designees, shall first attempt to
  agree on the selection of an impartial hearing examiner. If the
  parties do not agree on the selection of a hearing examiner on or
  within 10 days after the date the appeal is filed, the director
  shall immediately request a list of seven qualified neutral
  independent third party hearing examiners [arbitrators] from the
  American Arbitration Association or the Federal Mediation and
  Conciliation Service, or their successors in function. The fire
  fighter or police officer and the department head, or their
  designees, may agree on one of the seven neutral independent third
  party hearing examiners [arbitrators] on the list. If they do not
  agree within five working days after the date they received the
  list, each party or the party's designee shall alternate striking a
  name from the list and the name remaining is the hearing examiner.
  The parties or their designees shall agree on a date for the
  hearing.
         SECTION 3.  Sections 143.1015(e), (f), and (i), Local
  Government Code, are amended to read as follows:
         (e)  The hearing relating to the reasons for the fire
  fighter's or police officer's subpoena request shall be held on the
  date set for the original appeal hearing. If the commission
  overrules the subpoena request at the hearing:
               (1)  the commission may hear the fire fighter's or
  police officer's appeal on that date; or
               (2)  if the commission finds that justice is served by a
  continuance, the commission shall:
                     (A)  reschedule the hearing to the commission's
  next regularly scheduled meeting; and
                     (B)  give the fire fighter or police officer at
  least 15 days notice of that date.
         (f)  If the commission sustains the fire fighter's or police
  officer's subpoena request at the hearing, the commission shall:
               (1)  reschedule the appeal hearing date to the
  commission's next regularly scheduled meeting; and
               (2)  give the fire fighter or police officer at least 15
  days notice of that date.
         (i)  A municipal employee who is subpoenaed to appear as a
  fact witness in any appeal of a disciplinary decision is entitled to
  applicable pay for the time the employee is required to be present
  at the hearing. Witnesses whose testimony relates primarily to the
  character or reputation of the employee shall be limited by the
  hearing examiner or commission if the testimony is repetitious or
  unduly prolongs the hearing. If the hearing examiner or commission
  limits the number of character or reputation witnesses, additional
  witness statements may be presented by affidavit. The character
  witnesses are not entitled to applicable pay for the time they are
  required to be present at the hearing.
         SECTION 4.  Section 143.1016, Local Government Code, is
  amended by amending Subsections (a), (d), (e), (h), and (k) and
  adding Subsection (l) to read as follows:
         (a)  In addition to the other notice requirements prescribed
  by this chapter, the letter of disciplinary action issued to a fire
  fighter or police officer must state that in an appeal of an
  indefinite suspension, a suspension, a promotional pass over, or a
  recommended demotion, the appealing fire fighter or police officer
  may elect to appeal to a [an independent third party] hearing
  examiner instead of to the commission. The hearing examiner must be
  an independent third party hearing examiner.  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).
         (d)  This subsection applies only if the parties have not
  established a selection procedure in an agreement pursuant to
  Subchapter J. If the appealing fire fighter or police officer
  chooses to appeal to a hearing examiner, the fire fighter or police
  officer and the department head or their designees shall first
  attempt to agree on the selection of an impartial hearing examiner.
  If the parties do not agree on the selection of a hearing examiner
  on or within 10 days after the date the appeal is filed and no motion
  to consolidate is filed under Subsection (l) [(k) of this section],
  the director shall on the next work day following notice that the
  parties have failed to agree on a selection of a hearing examiner
  request a list of seven qualified neutral hearing examiners
  [arbitrators] from the American Arbitration Association or the
  Federal Mediation and Conciliation Service or their successors in
  function. The fire fighter or police officer and the department
  head or their designees may agree on one of the seven neutral
  hearing examiners [arbitrators] on the list. If they do not agree
  within 25 days after the date the appeal was filed, each party or
  the party's designee shall on the 25th day after the appeal was
  filed alternate striking a name from the list and the name remaining
  is the hearing examiner. In the event that the 25th day falls on a
  Saturday, Sunday, or a legal holiday, then the parties shall strike
  the list the next work day. The parties or their designees shall
  agree on a date for the hearing that is within the time period
  prescribed by Subsection (e). In the event that the director does
  not request the list of seven qualified neutral hearing examiners
  [arbitrators] within the time prescribed by this subsection or the
  department head or his designee fails to strike the list within the
  time prescribed by this subsection, the fire fighter or police
  officer or his designee shall select the hearing examiner
  [arbitrator] from the list provided. In the event that the fire
  fighter or police officer or his designee fails to strike the list
  within the time prescribed by this subsection, the department head
  or his designee shall select the hearing examiner [arbitrator] from
  the list provided.
         (e)  The appeal hearing must begin within 60 days after the
  date the appeal is filed and shall begin as soon as the hearing
  examiner can be scheduled. If the hearing examiner cannot begin the
  hearing within 45 calendar days after the date of selection, the
  fire fighter or police officer may, within two days after learning
  of that fact, call for the selection of a new hearing examiner using
  the procedure prescribed by Subsection (d) or a procedure
  established in an agreement pursuant to Subchapter J. If the appeal
  hearing is not begun within 60 days after the date the appeal is
  filed, the indefinite suspension, suspension, promotional pass
  over, or recommended demotion is upheld and the appeal is withdrawn
  if the fire fighter or police officer is not ready to proceed, and
  the appeal is sustained if the department head is not ready to
  proceed. In computing the 60-day period, a period of delay not to
  exceed 30 calendar days because of a continuance granted at the
  request of the department head or his representative or the fire
  fighter or police officer or his representative on good cause being
  shown, or because of the unavoidable unavailability of the hearing
  examiner on the date of the hearing, or because of the pendency of a
  motion to consolidate with another hearing as provided in
  Subsection (l) [(k) of this section] is excluded. In no event may a
  hearing examiner grant a continuance beyond 30 days in an
  indefinite suspension. A hearing examiner may grant a continuance
  beyond the 30-day period upon good cause being shown in a
  disciplinary suspension unless the fire fighter or police officer
  has another disciplinary action pending.
         (h)  In an appeal that does not involve an expedited hearing
  procedure, the hearing examiner shall make a reasonable effort to
  render a decision on the appeal within 30 days after the date the
  hearing ends or the legal briefs are filed. The hearing examiner's
  inability to meet the time requirements imposed by this section
  does not affect the hearing examiner's jurisdiction, the validity
  of the disciplinary action, or the hearing examiner's final
  decision.
         (k)  In an appeal of an indefinite suspension, a suspension,
  a promotional pass over, or a recommended demotion, each appealing
  fire fighter or police officer or the appealing fire fighter's or
  police officer's representative shall be entitled to the selection
  of a hearing examiner to hear the case:
               (1)  pursuant to Subsection (d); or
               (2)  in accordance with a procedure established in an
  agreement pursuant to Subchapter J [of this section to hear the
  case].
         (l)  The fire fighter, police officer, department head, or a
  representative of any of those may, within 10 days of the date they
  received notice of the appeal, file a motion with a copy to the
  opposing side to consolidate the case with that of one or more other
  fire fighters or police officers where the charges arise out of the
  same incident. The motion to consolidate may be agreed to in
  writing and filed with the director. If a motion to consolidate the
  cases is filed and not agreed to, a hearing examiner shall be chosen
  to hear the motion pursuant to the provisions of Subsection (d) or
  in accordance with a procedure established in an agreement pursuant
  to Subchapter J [of this section to hear the motion]. The decision
  of the hearing examiner shall be final and binding as to the issue
  of consolidation. The hearing examiner chosen to hear the motion to
  consolidate shall not hear the case, and the provisions of
  Subsection (d) or of a selection procedure established in an
  agreement pursuant to Subchapter J [of this section] shall be used
  to choose the hearing examiner with the day the decision is rendered
  being the equivalent of the date the appeal was filed.
         SECTION 5.  Subchapter G, Chapter 143, Local Government
  Code, is amended by adding Section 143.1041 to read as follows:
         Sec. 143.1041.  ENTRANCE EXAMINATION FOR BEGINNING PEACE
  OFFICER POSITION IN POLICE DEPARTMENT.  (a)  In this section,
  "police officer training academy" means a police officer training
  academy operated or sponsored by a municipality to which this
  section applies.
         (b)  The commission shall provide for open, competitive, and
  free entrance examinations to provide eligibility lists for
  beginning peace officer positions in the police department. The
  examinations are open to each person who:
               (1)  makes a proper application;
               (2)  has been admitted to or is enrolled in a police
  officer training academy as an academy trainee; and
               (3)  meets the requirements prescribed by this chapter.
         (c)  The entrance examination may be administered to
  examinees only after the examinees are admitted to a police officer
  training academy and before the examinees graduate from the
  academy.
         (d)  An eligibility list for a beginning peace officer
  position in the police department may be created only as a result of
  the examination.  Except as provided by Subsection (f), the
  examination must be held in the presence of each examinee. The
  examination must be based on the examinee's general knowledge and
  aptitude and must inquire into the examinee's general education and
  mental ability. A person may not be appointed to the police
  department except as a result of the examination.
         (e)  An examinee may not take an examination unless at least
  one other examinee taking the examination is present.
         (f)  An entrance examination for beginning peace officer
  positions in the police department must be held at one or more
  locations in the municipality in which the police department is
  located and may be held at additional locations outside the
  municipality. An examination held at multiple locations must be
  administered on the same day and at the same time at each location
  at which it is given. To create one eligibility list, each member
  of a police officer training academy class shall take the
  examination at the same time and each examinee who takes that
  examination shall:
               (1)  take the same examination; and
               (2)  be examined in the presence of other examinees.
         (g)  An additional five points shall be added to the
  examination grade of an examinee who:
               (1)  served in the United States armed forces;
               (2)  received an honorable discharge from that service;
  and
               (3)  made a passing grade on the examination.
         (h)  The grade to be placed on the eligibility list for each
  examinee shall be computed by adding an examinee's points under
  Subsection (g), if any, to the examinee's grade on the written
  examination. Each examinee's grade on the written examination is
  based on a maximum grade of 100 percent and is determined entirely
  by the correctness of the examinee's answers to the questions. The
  minimum passing grade on the examination is 70 percent. An examinee
  must pass the examination to be placed on an eligibility list.
         SECTION 6.  Section 143.105, Local Government Code, is
  amended to read as follows:
         Sec. 143.105.  ELIGIBILITY FOR BEGINNING POSITION IN POLICE
  DEPARTMENT.  In addition to meeting the eligibility requirements
  prescribed by Section 143.023, to be certified as eligible for a
  beginning position with a police department, a person must[:
               [(1)]  be at least 21 years of age at the end of the
  probationary period and have: [;]
               (1) [(2)  have] served in the United States armed
  forces and received an honorable discharge; [or]
               (2) [(3)  have] earned at least 60 hours' credit in any
  area of study at an accredited college or university; or
               (3)  been employed full-time for at least five years as
  a peace officer licensed by:
                     (A)  the Commission on Law Enforcement Officer
  Standards and Education; or
                     (B)  an acceptable licensing entity in another
  state that has law enforcement officer licensing requirements
  substantially equivalent to those of Chapter 1701, Occupations
  Code.
         SECTION 7.  Section 143.352(2), Local Government Code, is
  amended to read as follows:
               (2)  "Police employee group" means an organization:
                     (A)  in which at least three percent of the police
  officers of the municipality participate [and pay dues via
  automatic payroll deduction]; and
                     (B)  which exists for the purpose, in whole or
  part, of dealing with the municipality concerning grievances, labor
  disputes, wages, rates of pay, benefits other than pension
  benefits, hours of employment, or conditions of work affecting
  police officers.
         SECTION 8.  Subchapter J, Chapter 143, Local Government
  Code, is amended by adding Section 143.355 to read as follows:
         Sec. 143.355.  AUTOMATIC PAYROLL DEDUCTION OF POLICE
  EMPLOYEE GROUP DUES.  A public employer that has recognized a police
  employee group as the sole and exclusive bargaining agent under
  Section 143.354 shall deduct police employee group dues via
  automatic payroll deduction for members of the employee group that
  has been recognized as the bargaining agent. Automatic payroll
  deduction for members of other police employee groups may be
  authorized by agreement between the chief executive officer of the
  public employer and the recognized bargaining agent.
         SECTION 9.  The changes in law made by this Act to Sections
  143.057(d), 143.1015, and 143.1016, Local Government Code, apply
  only to an appeal initiated by a firefighter or police officer on or
  after the effective date of this Act. An appeal initiated before
  the effective date of this Act is governed by the law in effect
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose.
         SECTION 10.  Section 143.1041, Local Government Code, as
  added by this Act, and the changes in law made by this Act to Section
  143.025, Local Government Code, apply only to an examination
  administered for a position as a beginning peace officer on or after
  the effective date of this Act.  An examination administered before
  the effective date of this Act and matters dependent on the
  examination are governed by the law in effect at the time the
  examination was administered, and the prior law is continued in
  effect for this purpose.
         SECTION 11.  The change in law made by this Act to Section
  143.105, Local Government Code, applies only to a certification of
  eligibility for a beginning position in a police department that
  occurs on or after the effective date of this Act.
         SECTION 12.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3352 was passed by the House on April
  25, 2007, by the following vote:  Yeas 141, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3352 on May 23, 2007, by the following vote:  Yeas 140, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3352 was passed by the Senate, with
  amendments, on May 18, 2007, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor