BILL ANALYSIS

C.S.H.B. 562

By: Madden

County Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, a number of policies in the realm of county government need updating or clarification.

Current law relating to job classifications in the county sheriff’s office in counties with a population of over 75,000 mandates that the commissioners court specify the duties and prescribe the salary for each classification.  One missing element is the requirement that the commissioners court prescribe the job qualifications for each classification. This bill addresses that omission.

Current law requires a county employee who wants a payroll deduction from the employee's paycheck to make such election in writing and submit it to the county auditor. The bill allows a county-maintained automated payroll system to be used to process an employee's request for a pay roll deduction.

C.S.H.B. 562 clarifies and updates statutes relating to county payroll practices and certain sheriff's department job descriptions.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 562 amends the Local Government Code to require the county government in a county with a population of more than 75,000 to specify the job qualifications in addition to the duties and salary for all job classifications in its sheriff's department. The bill adds that a person hired for a position that requires state licensure is not eligible to receive the prescribed salary for the position until the person fulfills the licensing requirement. The bill adds meeting the job qualifications to the conditions under which a member of the sheriff's department is entitled to be paid a salary for a particular classification during the time the member performs the duties of that classification, and creates the exception 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 the payment is authorized by the commissioners court before the duties are performed.

C.S.H.B. 562 excepts a county employee's request for a payroll deduction that is processed through an automated payroll system maintained by the county from the requirement that such a request be submitted to the county auditor, and provides the option that an employee may revoke a request for a deduction through an automated payroll system maintained by the county.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 562 removes provisions in the original authorizing a county that meets a certain population requirement and has abolished the office of county treasurer to appoint a payroll officer to administer payroll and personnel matters.  The substitute adds a provision not in the original establishing that a person hired for a position that requires state licensure is not eligible to receive the prescribed salary for the position until the person fulfills the licensing requirement. The substitute removes provisions in the original relating to the inclusion in a county employment contract of rules regarding employee medical care, hospitalization, or insurance coverage. The substitute removes a provision in the original relating to the purchase of stop-loss coverage by a county with a population of greater than 475,000 but less than one million.