88R4167 SGM-F
	By: Perez	H.B. No. 1308

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Statutes affected:
Introduced: ()

	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of a constable's department civil
	service system in certain counties; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 158, Local Government Code, is amended
	by adding Subchapter C to read as follows:
	SUBCHAPTER C. CONSTABLE'S DEPARTMENT CIVIL SERVICE SYSTEM IN
	CERTAIN COUNTIES
	Sec. 158.101.  DEFINITIONS. In this subchapter:
	(1)  "Commission" means a civil service commission for
	all of a county's employees.
	(2)  "Department" means a constable's department.
	(3)  "Employee" means a department employee, including
	a deputy constable.
	Sec. 158.102.  ELIGIBLE COUNTIES. A county with a
	population of more than 3.3 million may, in accordance with this
	subchapter, create a civil service system for all of the county's
	employees.
	Sec. 158.103.  ESTABLISHMENT BY PETITION AND ELECTION. (a)
	If at least 20 percent of a county's employees sign a petition
	requesting an election under this section and present the petition
	to the county judge, the judge shall order an election on the
	question of the creation of a civil service system for all employees
	in the county.
	(b)  The county judge shall hold the election after the 15th
	day but on or before the 45th day after the date the petition is
	submitted.  The election must be by secret ballot and each employee
	is entitled to vote at the election.
	(c)  The ballots for the election shall be printed to provide
	for voting for or against the proposition: "Creation of a civil
	service system for all constable's department employees in the
	county."
	(d)  The county judge shall canvass the votes and declare the
	result.
	Sec. 158.104.  ESTABLISHMENT BY ORDER. In lieu of
	establishment under Section 158.103, the commissioners court of a
	county may by order create a civil service system for all employees
	in the county.
	Sec. 158.105.  APPOINTMENT OF COMMISSION. (a) If a majority
	of the employees voting at the election approve the creation of or
	the commissioners court by order creates a civil service system,
	each constable, the commissioners court, and the district attorney
	shall each appoint one person to serve as a member of the
	commission.
	(b)  The members of the commission shall elect one of the
	members as chair of the commission.
	(c)  Each member of the commission is appointed for a term of
	two years.
	(d)  The person who appointed a member of the commission
	whose position becomes vacant shall appoint a person to serve the
	unexpired part of the member's term.
	(e)  To be eligible for appointment to the commission, a
	person must:
	(1)  be at least 25 years old; and
	(2)  have resided in the county for the three years
	immediately preceding the date on which the person's term will
	begin.
	Sec. 158.106.  POWERS OF COMMISSION. (a)  The commission
	shall adopt, publish, and enforce rules regarding:
	(1)  selection and classification of employees;
	(2)  competitive examinations;
	(3)  promotions, seniority, and tenure;
	(4)  layoffs and dismissals;
	(5)  disciplinary actions;
	(6)  grievance procedures;
	(7)  the rights of employees during an internal
	investigation; and
	(8)  other matters relating to the selection of
	employees and the procedural and substantive rights, advancement,
	benefits, and working conditions of employees.
	(b)  The commission may adopt or use as a guide any civil