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.