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A BILL TO BE ENTITLED
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AN ACT
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relating to the number of persons who may be appointed to the |
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classification immediately below department head in a police |
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department covered by municipal civil service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 143.014, Local Government Code, is |
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amended by amending Subsection (c) and adding Subsections (c-1) and |
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(c-2) to read as follows: |
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(c) In a police department, the total number of persons |
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appointed to the classification immediately below that of |
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department head may not exceed the greater of the total number of |
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persons[, plus one,] serving in that classification on January 1, |
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2009; or |
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(1) one person, if the municipality has fewer than 300 |
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police officers; |
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(2) two persons, if the municipality has 300 to 600 |
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police officers; or |
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(3) three persons, if the municipality has more than |
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600 police officers[on January 1, 1983]. |
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(c-1) In a fire department in a municipality having fewer |
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than 300 certified fire fighters, the department head may appoint |
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not more than one person to the classification immediately below |
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that of department head. If a municipality has 300 to 600 certified |
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fire fighters, the department head may appoint two persons to the |
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classification. If a municipality has more than 600 certified fire |
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fighters, the department head may appoint three persons to the |
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classification. |
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(c-2) Subsections (c) and (c-1) do [This subsection does] |
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not apply to a municipality that has adopted Chapter 174 [The Fire
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and Police Employee Relations Act (Article 5154c-1, Vernon's Texas
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Civil Statutes)] unless the municipality specifically adopts the |
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appointment procedure prescribed by Subsection (c) or (c-1), as |
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applicable, [this subsection] through the collective bargaining |
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process. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |