81R3397 ACP-F
 
  By: Carona S.B. No. 376
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of the Texas Department of
  Transportation related to county traffic officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 701.006, Transportation Code, is amended
  to read as follows:
           Sec. 701.006.  [COMPLAINT; HEARING;] DISMISSAL.  
  [(a)   If a county traffic officer fails to perform the officer's
  duty to enforce the law, the district engineer of the Texas
  Department of Transportation district in which the officer operates
  may send a written, signed complaint to the commissioners court.
         [(b)     On receipt of the complaint, the commissioners court
  shall hold a hearing and summon the officer to appear before it.
         [(c)     If the commissioners court determines at the hearing
  that the officer has not performed the officer's duty, the
  commissioners court shall immediately discharge the officer and
  promptly employ another officer.
         [(d)]  The commissioners court on its own initiative, or on
  recommendation of the sheriff, may dismiss a county traffic officer
  if the officer is no longer needed or if the officer's service is
  unsatisfactory.
         SECTION 2.  Section 701.002(b), Transportation Code, is
  repealed.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.