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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of municipal civil service |
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promotional examinations in certain cities to eligible candidates |
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unable to be physically present during the examination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 143, Subchapter B, Local Government |
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Code, is amended by amending Section 143.032 to read as follows: |
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Sec. 143.032. PROMOTIONAL EXAMINATION PROCEDURE. (a) The |
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commission shall adopt rules governing promotions and shall hold |
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promotional examinations to provide eligibility lists for each |
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classification in the fire and police departments. Unless a |
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different procedure is adopted under Section 143.1075, or under an |
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alternate promotional system as provided by Section 143.035, the |
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examinations shall be held substantially as prescribed by this |
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section. |
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SECTION 2. Chapter 143, Subchapter G, Local Government |
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Code, is amended by adding Section 143.1075 to read as follows: |
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Sec. 143.1075. PROMOTIONAL EXAMINATION PROCEDURE. (a) The |
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commission shall adopt rules governing promotions and shall hold |
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promotional examinations to provide eligibility lists for each |
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classification in the fire and police departments. Notwithstanding |
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Section 143.032(b)(1), the commission shall promulgate rules |
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ensuring that an eligible promotional candidate, who is medically |
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incapacitated during the time and date of the examination and |
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unable to physically attend the administration of the promotional |
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examination in the presence of the other promotional candidates, |
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shall be entitled to take the examination outside of the presence of |
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and at a different time than the other candidates and may be allowed |
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to take an examination that is not identical to the examination |
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administered to the other candidates. |
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(b) The commission shall adopt rules under Subsection (a) |
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providing for the efficient administration of promotional |
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examinations to eligible promotional candidates who are medically |
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incapacitated during the time and date of the examination and |
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unable to physically attend the administration of the promotional |
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examination in the presence of the other promotional candidates. |
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The rules shall require that: |
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(1) at the discretion of the administering entity, an |
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examination that is not identical to the examination administered |
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to other eligible promotional candidates may be administered to an |
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eligible promotional candidate who is medically incapacitated |
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during the time and date of the examination and unable to physically |
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attend the administration of the promotional examination in the |
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presence of the other promotional candidates; and |
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(2) if a candidate who is medically incapacitated |
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during the time and date of the examination and unable to physically |
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attend the administration of the promotional examination in the |
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presence of the other promotional candidates takes a promotional |
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examination outside the presence of other candidates and passes the |
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examination, the candidate's name shall be included in the |
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eligibility list of names of promotional candidates who took and |
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passed the examination. |
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(c) The examination must be entirely in writing and may not |
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in any part consist of an oral interview. |
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(d) The examination questions must test the knowledge of the |
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eligible promotional candidates about information and facts and |
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must be based on: |
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(1) the duties of the position for which the |
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examination is held; |
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(2) material that is of reasonably current publication |
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and that has been made reasonably available to each member of the |
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fire or police department involved in the examination; and |
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(3) any study course given by the departmental schools |
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of instruction. |
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(e) The examination questions must be taken from the sources |
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posted as prescribed by Section 143.029(a). Fire fighters or |
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police officers may suggest source materials for the examinations. |
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(f) The examination questions must be prepared and composed |
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so that the grading of the examination can be promptly completed |
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immediately after the examination is over. |
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(g) The director is responsible for the preparation and |
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security of each promotional examination. The fairness of the |
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competitive promotional examination is the responsibility of the |
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commission, the director, and each municipal employee involved in |
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the preparation or administration of the examination. |
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(h) A person commits an offense if the person knowingly or |
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intentionally: |
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(1) reveals a part of a promotional examination to an |
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unauthorized person; or |
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(2) receives from an authorized or unauthorized person |
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a part of a promotional examination for unfair personal gain or |
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advantage. |
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(i) An offense under Subsection (h) is a misdemeanor |
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punishable by a fine of not less than $1,000, confinement in the |
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county jail for not more than one year, or both the fine and the |
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confinement. |
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SECTION 3. This Act takes effect September 1, 2007. |