| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the sheriff's department civil service system in |
|
|
certain counties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 158.034(a), (b), and (c), Local |
|
|
Government Code, are amended to read as follows: |
|
|
(a) In a county with a population of less than 3.3 [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 3.3 [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 three |
|
|
[two] persons to serve as members of the civil service commission |
|
|
that administers the system, and the three appointing authorities |
|
|
shall appoint two members [one member] by joint action requiring |
|
|
the affirmative vote of each of the authorities. |
|
|
(b) In a county with a population of less than 3.3 million, |
|
|
the [The] sheriff shall designate one of the members as chairman of |
|
|
the commission. In a county with a population of 3.3 million or |
|
|
more, the sheriff shall designate one of the members as chairman and |
|
|
one of the members as vice chairman of the commission. |
|
|
(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 3.3 [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 with a |
|
|
population of 3.3 [2.8] million or more: |
|
|
(1) the initial members [member] appointed jointly |
|
|
under Subsection (a) serve [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 three |
|
|
[two] initial members appointed by the appointing authority will |
|
|
serve a term of two years and which two of the three initial members |
|
|
[member] appointed by that authority will serve a term of one year. |
|
|
SECTION 2. Section 158.035(c), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(c) In a county with a population of 3.3 [2.8] million or |
|
|
more, a panel of three commissioners shall preside at the hearing |
|
|
and vote on the commission's final decision in any case involving |
|
|
termination, demotion, or recovery of back pay. A panel's decision |
|
|
is the final decision of the commission for purposes of Sections |
|
|
158.0351 and 158.037. The commission shall adopt rules prescribing |
|
|
the commission's procedures for assigning members to a panel. A |
|
|
panel may not include more than one member who was appointed to the |
|
|
commission by the same individual appointing authority. |
|
|
SECTION 3. Section 158.0351(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) This section applies only to a county with a population |
|
|
of 3.3 [2.8] million or more. |
|
|
SECTION 4. Sections 158.038(b) and (c), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(b) The sheriff of a county with a population of less than |
|
|
3.3 million [or less] may designate as exempt from the civil service |
|
|
system: |
|
|
(1) the position of chief deputy; |
|
|
(2) four positions of major deputy; |
|
|
(3) one or more positions in the office of |
|
|
departmental legal counsel; and |
|
|
(4) additional positions in the department; provided, |
|
|
however, that the sheriff may not designate as exempt a total of |
|
|
more than 10 positions. |
|
|
(c) The sheriff of a county with a population of [more than] |
|
|
3.3 million or more may designate as exempt from the civil service |
|
|
system: |
|
|
(1) the position of chief deputy; |
|
|
(2) one or more positions in the office of |
|
|
departmental legal counsel; and |
|
|
(3) additional positions in the department, not to |
|
|
exceed 25 in number, that have been determined by the civil service |
|
|
commission to be administrative or supervisory positions; |
|
|
provided, however, that the sheriff may not designate as exempt any |
|
|
position in the deputy classifications of captain or below. The |
|
|
designation of any such additional exempt position by the sheriff |
|
|
shall not diminish the number of positions within the deputy |
|
|
classifications of captain or below. |
|
|
SECTION 5. (a) The appointing authorities described by |
|
|
Section 158.034(a), Local Government Code, as amended by this Act, |
|
|
in a county with a population of 3.3 million or more that has |
|
|
created a sheriff's department civil service system before the |
|
|
effective date of this Act shall appoint additional members to |
|
|
serve as members of the sheriff's department civil service |
|
|
commission as provided by Section 158.034(a), Local Government |
|
|
Code, as amended by this Act. The term of the initial additional |
|
|
member appointed jointly by the appointing authorities under this |
|
|
section serves a term of two years. Each initial additional member |
|
|
appointed by each appointing authority under this section shall |
|
|
draw lots for the appropriate number of one-year and two-year terms |
|
|
as needed to establish staggered terms as required by Section |
|
|
158.034(c), Local Government Code, as amended by this Act. |
|
|
(b) After the appointments have been made as provided by |
|
|
Subsection (a) of this section, the sheriff in a county with a |
|
|
population of 3.3 million or more that has created a sheriff's |
|
|
department civil service system before the effective date of this |
|
|
Act shall designate one of the members of the sheriff's department |
|
|
civil service commission as vice chairman of the commission as |
|
|
provided by Section 158.034(b), Local Government Code, as amended |
|
|
by this Act. |
|
|
SECTION 6. This Act takes effect September 1, 2017. |