HB4477 - Relating to the requirement to employ an adequate staff for a civil service commission of certain counties.

      By: Rosenthal H.B. No. 4477       A BILL TO BE ENTITLED   AN ACT   relating to the requirement to employ an adequate staff for a civil   service commission of certain counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 158.036, Local Government Code, is   amended to read as follows:          Sec. 158.036.  COMPENSATION AND STAFF. The members of the   commission serve without compensation, but the commissioners court   shall reimburse each member for actual and necessary expenses   incurred in performing the member's duties.  The commissioners   court shall provide the commission with adequate office space and   sufficient funds to employ an adequate staff and to purchase   necessary supplies and equipment   and shall employ an adequate staff   to support the commission.          SECTION 2.  Section 158.038, Local Government Code, is   amended by adding Subsections (b)(5) and (c)(4) to read as follows:          Sec. 158.038.  EXEMPTIONS. (a) A person who is an employee   of a department on the date that a civil service system is adopted   under this subchapter in the department may not be required to take   a competitive examination or perform any other act under this   subchapter to maintain the person's employment.          (b)  The sheriff of a county with a population of 3.3 million   or less 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;                (4)   grant-funded positions; and                 (5)   additional positions in the department; provided,   however, that the sheriff may not designate as exempt a total of   more than 10 positions.          (c)  The sheriff of a county with a population of 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;                (3)   grant-funded positions; and                 (4)   additional positions in the department, not to   exceed 25 in number, that have been determined by the civil service   commission to be administrative or supervisory positions;   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.          (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 in accordance with the system's   civil service rules.          SECTION 3.  This Act takes effect September 1, 2025.