82R5945 TJB-F

By: Castro H.B. No. 1191

A BILL TO BE ENTITLED

AN ACT

relating to the sheriff's department civil service commission appointments in certain counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 158.034, Local Government Code, is amended by amending Subsections (a) and (c) and adding Subsection (a-1) to read as follows:

(a) Subject to Subsection (a-1), in [In] a county with a population of less than 2.8 million, if a majority of the employees voting at the election approve the creation of a sheriff's department civil service system, the sheriff, commissioners court, and district attorney shall each appoint one person to serve as a member of the civil service commission that administers the system. In a county with a population of 2.8 million or more, if a majority of the employees voting at the election approve the creation of a sheriff's department civil service system, the sheriff, commissioners court, and district attorney shall each appoint two persons to serve as members of the civil service commission that administers the system, and the three appointing authorities shall appoint one member by joint action requiring the affirmative vote of each of the authorities.

(a-1) If the county has a population of one million or more and more than 80 percent of the population resides in a single municipality, the sheriff shall appoint two persons to serve as members of the civil service commission that administers the system, and the commissioners court, district attorney, and employee organization representing the majority of sheriff's department employees shall each appoint one person.

(c) Each member of the commission is appointed for a term of two years. However, the initial members of the commission in a county with a population of less than 2.8 million shall determine by lot which two of them will serve a term of two years and which one of them will serve a term of one year. In a county described by Subsection (a-1), the initial members of the commission shall determine by lot which three of them will serve a term of two years and which two of them will serve a term of one year. In a county with a population of 2.8 million or more:

(1) the initial member appointed jointly under Subsection (a) serves a term of two years; and

(2) the initial members appointed by each individual appointing authority shall determine by lot which one of the two initial members appointed by the appointing authority will serve a term of two years and which initial member appointed by that authority will serve a term of one year.

SECTION 2. In a county to which Section 158.034(a-1), Local Government Code, as added by this Act, applies and in which a sheriff's department civil service system commission exists before the effective date of this Act, the sheriff and the employee organization shall each appoint one member to the commission. The five members composed of the current three members and the two new members shall then determine by agreement or lot which three of them will serve a term of two years and which two of them will serve a term of one year.

SECTION 3. This Act takes effect September 1, 2011.