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A BILL TO BE ENTITLED
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AN ACT
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relating to sheriff's department civil service systems in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 158, Local Government |
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Code, is amended by adding Sections 158.0352 and 158.0353 to read as |
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follows: |
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Sec. 158.0352. DISCIPLINARY SUSPENSION OR TERMINATION. (a) |
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The sheriff may suspend or terminate an employee for the violation |
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of a civil service rule. A suspension under this section may be for |
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a reasonable period not to exceed 15 calendar days. |
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(b) If the sheriff suspends or terminates an employee, the |
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sheriff shall, within 120 hours after the hour of suspension or |
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termination, file a written statement with the commission giving |
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the reasons for the suspension or termination. The sheriff shall |
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immediately deliver a copy of the statement in person to the |
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suspended or terminated employee. |
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(c) The copy of the written statement must inform the |
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suspended or terminated employee that if the employee wants to |
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appeal to the commission, the employee must file a written appeal |
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with the commission within 10 days after the date the employee |
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receives the copy of the statement. |
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(d) The written statement filed by the sheriff with the |
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commission must identify each civil service rule alleged to have |
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been violated by the suspended or terminated employee and must |
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describe the alleged acts of the employee that the sheriff contends |
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are in violation of the civil service rules. It is not sufficient |
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for the sheriff merely to refer to the provisions of the rules |
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alleged to have been violated. |
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(e) If the sheriff does not specifically identify in the |
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written statement the act or acts of the suspended or terminated |
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employee that allegedly violated the civil service rules, the |
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commission shall promptly reinstate the employee. |
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(f) If offered by the sheriff, the suspended or terminated |
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employee may agree in writing to voluntarily accept, with no right |
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of appeal, a suspension of 16 to 90 calendar days for the violation |
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of a civil service rule. The employee must accept the offer within |
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five working days after the date the offer is made. If the employee |
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refuses the offer and wants to appeal to the commission, the |
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employee must file a written appeal with the commission in |
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accordance with Section 158.037. |
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(g) In the original written statement and charges and in any |
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hearing conducted under this subchapter, the sheriff may not |
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complain of an act that occurred earlier than the 180th day |
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preceding the date the sheriff suspends or terminates the employee. |
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If the act is allegedly related to criminal activity, including the |
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violation of a federal, state, or local law for which the employee |
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is subject to a criminal penalty: |
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(1) the sheriff may not complain of an act that is |
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discovered earlier than the 180th day preceding the date the |
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sheriff suspends or terminates the employee; and |
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(2) the sheriff must allege that the act complained of |
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is related to criminal activity. |
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Sec. 158.0353. DEMOTIONS. (a) The sheriff may recommend to |
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the commission in writing that the commission demote a nonexempt |
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employee involuntarily. |
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(b) The sheriff must include in the recommendation for |
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demotion the reasons for the recommended demotion and a request |
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that the commission order the demotion. The sheriff must |
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immediately furnish a copy of the recommendation in person to the |
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affected employee. |
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(c) The commission may refuse to grant the request for |
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demotion. If the commission believes that probable cause exists |
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for ordering the demotion, the commission shall give the employee |
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written notice to appear before the commission for a public hearing |
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at a time and place specified in the notice. The commission shall |
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give the notice before the 10th day before the date the hearing will |
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be held. |
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(d) The employee is entitled to a full and complete public |
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hearing, and the commission may not demote an employee without that |
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public hearing. |
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(e) A voluntary demotion in which the employee has accepted |
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the terms of the demotion in writing is not subject to this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |