HB2098 - Relating to applicability of the civil service system for municipal firefighters and police officers and sheriff's departments.

  89R2273 SCL-F     By: Martinez H.B. No. 2098       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 250,000 or  more shall adopt  [ than 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, 2025.