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Amend CSHB 562 by adding the following appropriately numbered
SECTIONS and subsections to the bill:
SECTION 1. Sections 152.071(a) and (b), Local Government
Code, are amended to read as follows:
(1) On page 1, add lines 14 through 29, page 2, lines 1
through 6 and page 3, lines 4 through 10:
(a) In a county with a population of more than 75,000, the
county government shall classify all positions in its sheriff's
department and shall specify the duties and job qualifications and
prescribe the salary for each classification. A person hired for a
position that requires the person to be licensed by the state is not
eligible to receive the prescribed salary for the position until
the person fulfills the licensing requirement. All peace officers
within the sheriff's department shall be part of a single "sheriff's
department peace officer" classification system.
(a-1) Except for a person appointed by a sheriff under
Chapter 158 Subchapter A or Subchapter B or a person appointed to a
command level position exempt from overtime compensation under
Section 13(a)(1) of the Fair Labor Standards Act as defined by
Regulations, 29 CFR 541; a person appointed as a deputy sheriff must
be appointed to the entry level classification for peace officers
within the sheriff's department.
(a-2) All peace officers within a specific classification
must meet the same eligibility requirements and be paid the same
base salary. In addition to the base salary each deputy sheriff is
entitled to each of the following types of pay as authorized by the
county commissioner's court:
(1) longevity or seniority pay;
(2) educational incentive pay;
(3) assignment pay;
(4) certification pay;
(5) shift differential pay; and,
(6) fitness incentive pay.
(b) A member of the sheriff's department who meets the job
qualifications and who is required to perform the duties of a
particular classification is entitled to be paid the salary
prescribed for that position during the time the member performs
those duties, except that a member who performs the duties of a
classification for which the member was not initially hired is not
entitled to be paid the salary prescribed for performing those
duties unless:
(1) the member meets the qualifications for the
classification;
(2) the position within the peace officers
classification system was vacant, and;
(3) the commissioners court had previously authorized
the position, or;
(4) the payment is authorized by the commissioners
court before the duties are performed.