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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement to employ an adequate staff for a civil |
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service commission of certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 158.036, Local Government Code, is |
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amended to read as follows: |
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Sec. 158.036. COMPENSATION AND STAFF. The members of the |
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commission serve without compensation, but the commissioners court |
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shall reimburse each member for actual and necessary expenses |
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incurred in performing the member's duties. The commissioners |
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court shall provide the commission with adequate office space and |
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sufficient funds to employ an adequate staff and to purchase |
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necessary supplies and equipment and shall employ an adequate staff |
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to support the commission. |
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SECTION 2. Section 158.038, Local Government Code, is |
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amended by adding Subsections (b)(5) and (c)(4) to read as follows: |
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Sec. 158.038. EXEMPTIONS. (a) A person who is an employee |
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of a department on the date that a civil service system is adopted |
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under this subchapter in the department may not be required to take |
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a competitive examination or perform any other act under this |
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subchapter to maintain the person's employment. |
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(b) The sheriff of a county with a population of 3.3 million |
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or less may designate as exempt from the civil 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; |
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(4) grant-funded positions; and |
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(5) 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 10 positions. |
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(c) The sheriff of a county with a population of more than |
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3.3 million may designate as exempt from the civil 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; |
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(3) grant-funded positions; and |
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(4) additional positions in the department, not to |
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exceed 25 in number, that have been determined by the civil service |
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commission to be administrative or supervisory positions; |
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provided, however, that the sheriff may not designate as exempt any |
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position in the deputy classifications of captain or below. The |
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designation of any such additional exempt position by the sheriff |
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shall not diminish the number of positions within the deputy |
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classifications of captain or below. |
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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 in accordance with the system's |
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civil service rules. |
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SECTION 3. This Act takes effect September 1, 2025. |