Civil Service Staffing Bill Also Lets Sheriffs Exempt More Jobs

The text as introduced · 459 words

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.