BILL ANALYSIS

C.S.H.B. 1488

By: Gutierrez

Urban Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Under current law, a written cognitive examination is used to establish an eligibility list for a beginning position in the fire and police department. In July 2010,the San Antonio Fire Department formed a diversity workgroup with the goal of increasing diversity within the department. Based on the workgroup’s findings, it was determined that allowing testing instruments in addition to the written examination would have a positive impact on diversity in the hiring process. Further, it is widely accepted in the field of industrial psychology that written cognitive examinations, regardless of the level of validation, have a disparate impact on minority applicants. Therefore, it was recommended that other testing mechanisms, such as personality assessment devices and leadership skills analysis be used in addition to the written exam.C.S.H.B.1488 would amend the Local Government Code to include the use of testing instruments, in addition to the written cognitive examination in cities with a population of more than 1.3 million and less than 2 million.

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.1488 amends the Local Government Code by allowing for a  municipality with a

population of more than 1.3 million and less than 2 million, to administer an examination for a

beginning position in the fire department to include testing mechanisms to be used in addition to

the written examination in the establishment of the initial eligibility list.

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2011.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.1488 differs from the original by providing that the substitute applies to a municipality with a population of more than 1.3 million and less than 2 million, as opposed to the original H.B.1488 which applied to a municipality with a population of more than 1.35 million and less than 2 million. Additionally, the substitute provides that testing instruments may be used in addition to the written examination in the establishment of the initial eligibility list, as opposed to the original which only provided for testing mechanisms to be used in addition to the written examination.