HBA-TBM H.B. 1666 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1666
By: Bailey
County Affairs
4/22/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, Harris County Deputy Constables are not authorized to create a
civil service system.  This deprives the constables of rights and
protections provided to the Harris County Deputy Sheriffs, creating a
detrimental effect on the constabulary's ability to hire and retain
employees.  House Bill 1666 authorizes a constable's office in a county
with a population of 2.8 million or more to create a civil service system.

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1666 amends the Local Government Code to authorize the employees
of a constable's office in a county with a population of 2.8 million or
more to create a civil service system (system) for that individual
constable's office (Sec. 158.061).  The bill sets forth provisions relating
to the petition and election for the creation of a system (Sec. 158.063).
The bill sets forth provisions regarding the creation of a civil service
commission (commission) that administers the system and the appointment of
members to the commission (Sec. 158.064).  The bill sets forth the powers
of the commission and authorizes the commission to adopt rules that are
consistent with the needs and circumstances of the constable's office (Sec.
158.065).  

The bill sets forth provisions regarding the process by which an employee
who is the subject of a disciplinary action can appeal that decision to the
constable (Sec. 158.067).  The bills sets forth provisions regarding the
process by which an employee can appeal a constable's decision to the
commission (Sec. 158.068).  The bills establishes the process by which an
employee can appeal a commission's appellate decision in a district court
in the county (Sec. 158.069).  The bill prohibits ex parte communications
regarding any matter subject to a hearing (Sec. 158.070).   

The bill sets forth procedures a constable is required to follow if an
employee of the system is charged with a felony or misdemeanor offense
(Sec. 158.071).  The bill sets forth provisions that exempt certain
employees from taking a competitive examination or performing any other act
to maintain the employee's employment (Sec. 158.072).  The bill sets forth
provisions by which the system may be dissolved (Sec. 158.073).   

EFFECTIVE DATE

September 1, 2001.