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A BILL TO BE ENTITLED
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AN ACT
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relating to deputy sheriff civil service appeals of certain |
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sheriff's department actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 158, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. DEPUTY SHERIFF APPEAL TO INDEPENDENT HEARING EXAMINER |
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Sec. 158.101. DEFINITION. In this subchapter, "commission" |
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means the civil service commission appointed to administer the |
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applicable civil service system. |
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Sec. 158.102. APPLICABILITY OF SUBCHAPTER. This |
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subchapter applies to a civil service system created under this |
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chapter that covers deputy sheriffs. |
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Sec. 158.103. AUTHORITY TO APPEAL TO INDEPENDENT EXAMINER; |
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REPEAL OF AUTHORITY. (a) If authorized to do so by an order of the |
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commissioners court, a commission by rule may authorize deputy |
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sheriffs to appeal under this subchapter to an independent hearing |
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examiner instead of to the commission the following employment |
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actions: |
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(1) a demotion or recommended demotion; |
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(2) a suspension of three days or more; or |
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(3) a termination. |
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(b) A commissioners court may repeal the order authorizing |
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appeals to a hearing examiner under Subsection (a) at any time. If |
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the commissioners court repeals the order, any pending appeal is |
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governed by this subchapter until final resolution of the appeal. |
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Sec. 158.104. REQUIRED NOTICE OF HEARING EXAMINER APPEAL. |
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A written notice for a demotion or disciplinary action issued to a |
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deputy sheriff must state that in an appeal of a demotion or |
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recommended demotion, a suspension of three days or more, or a |
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termination, the deputy may appeal to an independent hearing |
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examiner instead of to the commission. The notice must state that |
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if the deputy appeals to a hearing examiner, the deputy waives the |
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right to appeal to district court except as provided by Section |
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158.111(b). |
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Sec. 158.105. REQUEST FOR HEARING EXAMINER APPEAL. To |
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appeal to a hearing examiner, a deputy sheriff must submit to the |
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commission and the sheriff a written request as part of any original |
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notice of appeal required under the commission's rules stating the |
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deputy's preference to appeal to an independent hearing examiner. |
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Sec. 158.106. SELECTION OF HEARING EXAMINER. (a) On a |
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request under Section 158.105, the deputy sheriff and the sheriff, |
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or their designees, shall attempt to agree on the selection of an |
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impartial hearing examiner. |
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(b) If the deputy and the sheriff do not agree on the |
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selection of a hearing examiner before the 11th day after the date |
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the appeal is filed, the commission shall request a list of seven |
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qualified arbitrators from the American Arbitration Association or |
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the Federal Mediation and Conciliation Service, or their successors |
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in function. |
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(c) The deputy and the sheriff, or their designees, may |
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agree on one of the seven arbitrators on the list described by |
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Subsection (b). If the deputy and the sheriff do not agree before |
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the sixth business day after the date the list is received, the |
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deputy and the sheriff, or their designees, shall alternate |
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striking a name from the list and the name remaining is the hearing |
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examiner. |
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Sec. 158.107. DATE OF HEARING. (a) The deputy sheriff and |
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the sheriff, or their designees, must agree on a date for an appeal |
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hearing conducted under this subchapter. |
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(b) An appeal hearing must begin as soon as a hearing |
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examiner can be scheduled. If a hearing examiner cannot begin the |
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hearing within 45 days after the date of selection, the deputy or |
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the sheriff may, before the third day after the date the deputy or |
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sheriff learns of that fact, call for the selection of a new hearing |
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examiner using the procedure under Section 158.106. |
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Sec. 158.108. POWERS OF HEARING EXAMINER. In an appeal |
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hearing conducted under this subchapter, the hearing examiner has |
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the same powers and duties as the commission, including any right to |
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issue subpoenas. |
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Sec. 158.109. DECISION DEADLINE. (a) In an appeal hearing |
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conducted under this subchapter, the deputy sheriff and the sheriff |
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may agree to an expedited hearing procedure. Unless otherwise |
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agreed to by the deputy and the sheriff, a hearing examiner shall |
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render a decision on the appeal in an expedited procedure not later |
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than the 10th day after the date the hearing ends. |
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(b) In an appeal that does not involve an expedited hearing |
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procedure, a hearing examiner shall make a reasonable effort to |
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render a decision on the appeal not later than the 30th day after |
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the date the hearing ends or the briefs are filed. |
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(c) A hearing examiner's inability to meet the time |
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requirements imposed by this subchapter does not affect the hearing |
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examiner's jurisdiction, the validity of the disciplinary action, |
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or the hearing examiner's final decision. |
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Sec. 158.110. COSTS OF HEARING. (a) A party who loses an |
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appeal is liable for the hearing examiner's fees and expenses. |
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(b) The costs of a witness are paid by the party who calls |
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the witness. |
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Sec. 158.111. APPEAL OF DECISION. (a) A hearing examiner's |
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decision is final and binding on all parties. A deputy sheriff who |
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decides to appeal to an independent hearing examiner waives the |
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right to appeal to district court except as provided by Subsection |
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(b). |
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(b) A district court may hear an appeal of a hearing |
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examiner's award only on the grounds that the hearing examiner was |
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without jurisdiction or exceeded the hearing examiner's |
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jurisdiction or that the order was procured by fraud, collusion, or |
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other unlawful means. An appeal must be brought in the district |
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court having jurisdiction in the county. |
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SECTION 2. This Act takes effect September 1, 2021. |