85R2598 PAM-F

By: Bettencourt S.B. No. 716

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.