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A BILL TO BE ENTITLED
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AN ACT
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relating to positions designated as exempt from sheriff's |
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department civil service systems in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 158.038, Local Government Code, is |
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amended by amending Subsections (b), (c), and (d) and adding |
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Subsections (c-1) and (e) to read as follows: |
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(b) The sheriff of a county with a population of [3.3
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million or] less than 900,000 may designate as exempt from the civil |
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service system: |
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(1) the position of chief deputy; |
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(2) four positions of major deputy; |
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(3) one or more positions in the office of |
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departmental legal counsel; and |
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(4) additional positions in the department; provided, |
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however, that the sheriff may not designate as exempt a total of |
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more than 12 [10] positions. |
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(c) The sheriff of a county with a population of 900,000 or |
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more [than 3.3 million] may designate as exempt from the civil |
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service system: |
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(1) the position of chief deputy; |
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(2) one or more positions in the office of |
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departmental legal counsel; and |
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(3) additional positions in the department[, not to
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exceed 25 in number,] that have been: |
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(A) determined by the civil service commission to |
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be administrative or supervisory positions; or |
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(B) designated by the sheriff as a specialist |
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position[; provided, however, that the sheriff may not designate as
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exempt any position in the deputy classifications of captain or
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below. The designation of any such additional exempt position by
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the sheriff shall not diminish the number of positions within the
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deputy classifications of captain or below]. |
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(c-1) For exemptions under Subsection (c)(3): |
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(1) the number of exemptions may not exceed: |
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(A) 15 in a county with a population of 900,000 or |
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more but less than 1.5 million; |
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(B) 18 in a county with a population of 1.5 |
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million or more but less than 2 million; |
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(C) 20 in a county with a population of 2 million |
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or more but less than 2.5 million; |
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(D) 25 in a county with a population of 2.5 |
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million or more but less than 3 million; and |
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(E) 30 in a county with a population of 3 million |
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or more; |
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(2) the sheriff may not designate as exempt: |
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(A) a position in the deputy classifications of |
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captain or below in a county with a population of 3 million or more; |
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or |
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(B) a position in the deputy classifications of |
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lieutenant or below in a county with a population of less than 3 |
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million; and |
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(3) the designation of exempt positions may not reduce |
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the number of positions within the deputy classifications: |
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(A) of captain or below in a county with a |
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population of 3 million or more; or |
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(B) of sergeant or below in a county with a |
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population of less than 3 million. |
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(d) At the time a new sheriff takes office, an employee |
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holding an exempt position may be transferred to the nonexempt |
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position held by the employee immediately before being promoted to |
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an exempt position. A person who was not an officer in the |
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department when appointed to an exempt position may be transferred |
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only to an entry level position within the pay grade of that exempt |
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position in accordance with the system's civil service rules. |
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(e) Not later than the 90th day after the date a sheriff |
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designates a position as exempt under this section, an employee may |
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request a transfer to the nonexempt position held by the employee |
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before the employee's last promotion. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |