85R10633 JCG-F

By: Button H.B. No. 2037

A BILL TO BE ENTITLED

AN ACT

relating to the promotional system used in certain municipal civil service fire departments.

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

SECTION 1. The heading to Section 143.035, Local Government Code, is amended to read as follows:

Sec. 143.035. ALTERNATE PROMOTIONAL SYSTEM [IN POLICE DEPARTMENT].

SECTION 2. Section 143.035, Local Government Code, is amended by amending Subsections (a), (b), (c), (d), (e), (f), (g), and (i) to read as follows:

(a) This section does not apply to a municipality that has adopted Chapter 174 [The Fire and Police Employee Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes)].

(b) The [On the recommendation of the head of the police department and a majority vote of the sworn police officers in the department, the] commission may adopt an alternate promotional system as provided by this section for a police department or fire department to select persons to occupy nonentry level positions other than positions that are filled by appointment by the department head of the police department or fire department, as applicable, if:

(1) for the police department:

(A) the department head recommends adoption of the alternate system; and

(B) the sworn police officers in the department approve the adoption by a majority vote; or

(2) for the fire department:

(A) the department head recommends the adoption of the alternate system; and

(B) the fire fighters in the department approve the adoption by a majority vote. [The promotional system must comply with the requirements prescribed by this section.]

(c) The commission shall order the director to conduct an election [and] to submit the alternate [revised] promotional system [either] to:

(1) all sworn police officers or all fire fighters, as applicable, within the rank immediately below the classification for which the promotional examination is to be administered; or

(2) [to] all sworn police officers in the police department or all fire fighters in the fire department, as applicable.

(d) The director shall hold the election on or after the 30th day after the date notice of the election is posted at the applicable police or fire department. The election shall be conducted throughout each regular work shift at an accessible location within the applicable police or fire department during a 24-hour period.

(e) The ballot shall contain the specific amendment to the promotional procedure. Each sworn police officer or each fire fighter, as applicable, shall be given the opportunity to vote by secret ballot "for" or "against" the amendment.

(f) The alternate [revised] promotional system must be approved by a majority vote of the sworn police officers or the fire fighters voting. A defeated promotional system amendment may not be placed on a ballot for a vote by the sworn police officers or the fire fighters, as applicable, for at least 12 months after the date the prior election was held, but this provision does not apply if the head of the police department or fire department, as applicable, recommends a different proposal to the commission.

(g) The commission shall canvass the votes within 30 days after the date the election is held. An appeal alleging election irregularity must be filed with the commission within five working days after the date the election closes. If approved by the sworn police officers or the fire fighters, as applicable, the promotional system amendment becomes effective after all election disputes have been ruled on and the election votes have been canvassed by the commission.

(i) At any time after an alternate promotional system has been adopted under this section by a police department or fire department and has been in effect for at least 180 days, a petition signed by at least 35 percent of the sworn police officers or the fire fighters, as applicable, may be submitted to the commission asking that the alternate promotional system be reconsidered. If a petition is submitted, the commission shall, within 60 days after the date the petition is filed, hold an election as prescribed by this section. If a majority of those voting vote to terminate, the commission shall terminate the alternate promotional system.

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, 2017.