By: Yarbrough H.B. No. 943 73R3515 JRD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to procedures for certain employment matters concerning 1-3 sheriff's department employees of certain counties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 158.035, Local Government Code, is 1-6 amended by adding Subsection (c) to read as follows: 1-7 (c) In a county with a population of 2.8 million or more, at 1-8 least three commissioners shall preside at the hearing and vote on 1-9 the commission's final decision in any case involving termination, 1-10 demotion, or recovery of back pay. 1-11 SECTION 2. Subchapter B, Chapter 158, Local Government Code, 1-12 is amended by adding Section 158.0351 to read as follows: 1-13 Sec. 158.0351. PROCEDURES AFTER FELONY INDICTMENT OR 1-14 MISDEMEANOR COMPLAINT. (a) This section applies only to a county 1-15 with a population of 2.8 million or more. 1-16 (b) If an employee is indicted for a felony or officially 1-17 charged with the commission of a Class A or B misdemeanor, the 1-18 sheriff may temporarily suspend the person with or without pay for 1-19 a period not to exceed 30 days after the date of final disposition 1-20 of the specified felony indictment or misdemeanor complaint. 1-21 (c) The sheriff shall notify the suspended employee in 1-22 writing that the person is being temporarily suspended for a 1-23 specific period with or without pay and that the temporary 1-24 suspension is not intended to reflect an opinion on the merits of 2-1 the indictment or complaint. 2-2 (d) If the action directly related to the felony indictment 2-3 or misdemeanor complaint occurred or was discovered on or after the 2-4 180th day before the date of the indictment or complaint, the 2-5 sheriff may, within 30 days after the date of final disposition of 2-6 the indictment or complaint, bring a charge against the employee 2-7 for a violation of a civil service rule adopted under Section 2-8 158.035. 2-9 (e) An employee indicted for a felony or officially charged 2-10 with the commission of a Class A or B misdemeanor who has also been 2-11 charged by the sheriff with a civil service rule violation directly 2-12 related to the indictment or complaint may delay the civil service 2-13 hearing for not more than 30 days after the date of the final 2-14 disposition of the indictment or complaint. 2-15 (f) If the sheriff temporarily suspends an employee under 2-16 this section and the employee is not found guilty of the indictment 2-17 or complaint in a court of competent jurisdiction, the employee may 2-18 appeal to the commission for recovery of back pay. The commission 2-19 may: 2-20 (1) award all or part of the back pay, even if the 2-21 employee is a deputy sheriff whose appointment as a deputy was 2-22 revoked under Section 85.003(c); or 2-23 (2) reject the appeal. 2-24 (g) Acquittal or dismissal of an indictment or a complaint 2-25 does not mean that an employee has not violated a civil service 2-26 rule and does not negate the charges that may have been or may be 2-27 brought against the employee by the sheriff. 3-1 (h) Conviction of a felony is cause for dismissal, and 3-2 conviction of a Class A or B misdemeanor may be cause for 3-3 disciplinary action or dismissal. 3-4 (i) The sheriff may order a dismissal based on an act 3-5 classified as a felony or a Class A or B misdemeanor after the 3-6 180-day period following the date of the discovery of the act by 3-7 the department if the sheriff considers delay to be necessary to 3-8 protect a criminal investigation of the person's conduct. If the 3-9 sheriff intends to order a dismissal after the 180-day period, the 3-10 sheriff must file with the attorney general a statement describing 3-11 the criminal investigation and its objectives within 180 days after 3-12 the date the act complained of was discovered by the department. 3-13 SECTION 3. The change in law made by Section 158.0351, Local 3-14 Government Code, as added by this Act, applies only to an employee 3-15 who is indicted for a felony, charged with the commission of a 3-16 Class A or B misdemeanor, or charged with the violation of a civil 3-17 service rule based on an act classified as a felony or a Class A or 3-18 B misdemeanor on or after the effective date of this Act. An 3-19 employee who is indicted for a felony, charged with a Class A or B 3-20 misdemeanor, or charged with the violation of a civil service rule 3-21 based on an act classified as a felony or a Class A or B 3-22 misdemeanor before that date is covered by the law in effect when 3-23 the employee was indicted or charged, and the former law is 3-24 continued in effect for this purpose. 3-25 SECTION 4. This Act takes effect September 1, 1993. 3-26 SECTION 5. The importance of this legislation and the 3-27 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended.