88R5956 SCL-F
 
  By: Martinez H.B. No. 2925
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to applicability of the civil service system for municipal
  firefighters and police officers and sheriff's departments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 143.002(a), Local Government Code, is
  amended to read as follows:
         (a)  This chapter applies only to a municipality[:
               [(1)]  that:
               (1) [(A)]  has a population of 25,000 [10,000] or more;
  and
               (2) [(B)]  has a paid fire department or police
  department[; and
                     [(C)  has voted to adopt this chapter or the law
  codified by this chapter; or
               [(2)  whose election to adopt this chapter and whose
  acts subsequent to that election were validated by the law enacted
  by House Bill 822, Acts of the 73rd Legislature, Regular Session,
  1993].
         SECTION 2.  Section 143.005, Local Government Code, is
  amended to read as follows:
         Sec. 143.005.  STATUS OF EMPLOYEES WHEN [IF] CHAPTER BECOMES
  APPLICABLE [ADOPTED].  (a)  Each fire fighter or police officer
  [serving in a municipality that adopts this chapter and] who has
  been in the service of a [the] municipality for more than six months
  at the time this chapter first becomes applicable to the
  municipality [is adopted] and who is entitled to civil service
  classification has the status of a civil service employee and is not
  required to take a competitive examination to remain in the
  position the person occupies at the time this chapter first becomes
  applicable to the municipality [of the adoption].
         (b)  An [In a municipality that adopts this chapter, an]
  employee of the fire department whose primary duties are to provide
  emergency medical services for the municipality is considered to be
  a fire fighter who is a member of the fire department performing
  fire medical emergency technology, entitled to civil service
  protection, and covered by this chapter.
         SECTION 3.  Section 143.006(a), Local Government Code, is
  amended to read as follows:
         (a)  The [On adoption of this chapter, the] Fire Fighters'
  and Police Officers' Civil Service Commission is established in
  each [the] municipality subject to this chapter.  The chief
  executive of the municipality shall appoint the members of the
  commission within 60 days after the date this chapter first becomes
  applicable to the municipality [is adopted].  Within 30 days after
  the date the municipality's first full fiscal year begins after the
  date this chapter first becomes applicable to the municipality [of
  the adoption election], the governing body of the municipality
  shall implement this chapter.
         SECTION 4.  Section 143.012(a), Local Government Code, is
  amended to read as follows:
         (a)  The [On adoption of this chapter, the] office of
  Director of Fire Fighters' and Police Officers' Civil Service is
  established in each [the] municipality subject to this chapter.  
  The commission shall appoint the director.  The director shall
  serve as secretary to the commission and perform work incidental to
  the civil service system as required by the commission.  The
  commission may remove the director at any time.
         SECTION 5.  Section 158.032, Local Government Code, is
  amended to read as follows:
         Sec. 158.032.  APPLICABILITY OF SUBCHAPTER [ELIGIBLE
  DEPARTMENTS].  A sheriff's department in a county with a population
  of more than 250,000 shall adopt [500,000 may, in accordance with
  this subchapter, create] a civil service system.
         SECTION 6.  Section 158.034(a), Local Government Code, is
  amended to read as follows:
         (a)  In a county with a population of less than 2.8 million,
  on the date this subchapter first becomes applicable to the
  department [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 2.8 million or more, on the date this subchapter first
  becomes applicable to the department [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 two
  persons to serve as members of the civil service commission that
  administers the system, and the three appointing authorities shall
  appoint one member by joint action requiring the affirmative vote
  of each of the authorities.
         SECTION 7.  The following provisions of the Local Government
  Code are repealed:
               (1)  Section 143.002(c);
               (2)  Section 143.004;
               (3)  Section 158.033; and
               (4)  Section 158.039.
         SECTION 8.  (a)  On the effective date of this Act, Chapters
  143 and 158, Local Government Code, as amended by this Act, first
  become applicable for purposes of the changes in law made by this
  Act to a municipality that is subject to Chapter 143, Local
  Government Code, as amended by this Act, and a county that is
  subject to Chapter 158, Local Government Code, as amended by this
  Act, but that was not operating under the applicable chapter
  immediately before that date.
         (b)  A municipality to which Chapter 143, Local Government
  Code, as amended by this Act, or a county to which Chapter 158,
  Local Government Code, as amended by this Act, is applicable,
  without regard to the holding of an election, because of the change
  in law made by this Act shall implement a civil service system in
  the municipality or county in accordance with Chapter 143 or 158,
  Local Government Code, as amended by this Act, as applicable.
         SECTION 9.  This Act takes effect September 1, 2023.