HBA-MSH H.B. 3492 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3492 By: Hinojosa Urban Affairs 4/8/2001 Introduced BACKGROUND AND PURPOSE Under the current provisions for municipal civil service, a police officer is awarded a promotional point for each year of service. These promotional points are used along with a promotional examination to determine promotions within the police department. The promotional point system encourages officers to remain in the department and gain seniority and could also be used to discipline officers who violate department rules. House Bill 3492 requires promotional points to be deducted from a police officer's grade for each complaint sustained against the officer by the department for certain offenses, including use of excessive force, spousal abuse, and tampering with evidence. 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 3492 amends the Local Government Code to require the deduction of one point from a police officer's promotional candidate grade for each complaint sustained against the officer by the department that does not concern the officer's discretionary judgment in the enforcement of a traffic law. Five points are required to be deducted from the candidate's grade for each allegation sustained against the candidate by the department for using excessive force, perjury, other job-related lying, spousal abuse, or wilful tampering with evidence. The bill authorizes the deduction of a maximum of 20 points from a candidate's grade based on sustained complaints. EFFECTIVE DATE September 1, 2001.