86R7707 MP-F
 
  By: Bohac H.B. No. 4337
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to positions designated as exempt from sheriff's
  department civil service systems in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 158.038, Local Government Code, is
  amended by amending Subsections (b), (c), and (d) and adding
  Subsections (c-1) and (e) to read as follows:
         (b)  The sheriff of a county with a population of [3.3
  million or] less than 900,000 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 12 [10] positions.
         (c)  The sheriff of a county with a population of 900,000 or
  more [than 3.3 million] 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:
                     (A)  determined by the civil service commission to
  be administrative or supervisory positions; or
                     (B)  designated by the sheriff as a specialist
  position[; 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].
         (c-1)  For exemptions under Subsection (c)(3):
               (1)  the number of exemptions may not exceed:
                     (A)  15 in a county with a population of 900,000 or
  more but less than 1.5 million;
                     (B)  18 in a county with a population of 1.5
  million or more but less than 2 million;
                     (C)  20 in a county with a population of 2 million
  or more but less than 2.5 million;
                     (D)  25 in a county with a population of 2.5
  million or more but less than 3 million; and
                     (E)  30 in a county with a population of 3 million
  or more;
               (2)  the sheriff may not designate as exempt:
                     (A)  a position in the deputy classifications of
  captain or below in a county with a population of 3 million or more;
  or
                     (B)  a position in the deputy classifications of
  lieutenant or below in a county with a population of less than 3
  million; and
               (3)  the designation of exempt positions may not reduce
  the number of positions within the deputy classifications:
                     (A)  of captain or below in a county with a
  population of 3 million or more; or
                     (B)  of sergeant or below in a county with a
  population of less than 3 million.
         (d)  At the time a new sheriff takes office, an employee
  holding an exempt position may be transferred to the nonexempt
  position held by the employee immediately before being promoted to
  an exempt position. A person who was not an officer in the
  department when appointed to an exempt position may be transferred
  only to an entry level position within the pay grade of that exempt
  position in accordance with the system's civil service rules.
         (e)  Not later than the 90th day after the date a sheriff
  designates a position as exempt under this section, an employee may
  request a transfer to the nonexempt position held by the employee
  before the employee's last promotion.
         SECTION 2.  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, 2019.