By: Whitmire S.B. No. 730
73R2238 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to civil service systems for county law enforcement
1-3 agencies in certain counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 158, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. COUNTY LAW ENFORCEMENT AGENCY
1-8 CIVIL SERVICE SYSTEM
1-9 Sec. 158.061. APPLICABILITY. (a) Except for Sections
1-10 158.061-158.063, this subchapter applies only to a county law
1-11 enforcement agency that has voted to create and is under a civil
1-12 service system under this subchapter.
1-13 (b) A county law enforcement agency in a county with a
1-14 population of 2.8 million or more may, in accordance with this
1-15 subchapter, create a civil service system.
1-16 Sec. 158.062. DEFINITIONS. In this subchapter:
1-17 (1) "Agency" means a county law enforcement agency.
1-18 (2) "Commission" means a county law enforcement
1-19 agency's civil service commission that is established to oversee
1-20 and enforce this subchapter for the agency.
1-21 (3) "Employee" means an employee of a county law
1-22 enforcement agency. The term includes a county law enforcement
1-23 officer.
1-24 (4) "Officer" means a county law enforcement officer
2-1 employed or appointed under Article 2.12, Code of Criminal
2-2 Procedure, or other law.
2-3 Sec. 158.063. PETITION AND ELECTION. (a) If at least 20
2-4 percent of the employees of an eligible agency under this
2-5 subchapter sign a petition requesting an election under this
2-6 section and present the petition to the county judge of the
2-7 employing county, the judge shall order an agency election on the
2-8 question of the creation of a civil service system for the agency.
2-9 (b) The county judge shall hold the election after the 15th
2-10 day but on or before the 45th day after the date the petition is
2-11 submitted. The election must be by secret ballot and each employee
2-12 is entitled to vote at the election.
2-13 (c) The ballots for the election shall be printed to provide
2-14 for voting for or against the proposition: "Creation of a civil
2-15 service system."
2-16 (d) The county judge shall canvass the votes and declare the
2-17 result.
2-18 Sec. 158.064. APPOINTMENT OF COMMISSION. (a) If a majority
2-19 of the employees voting at the election approve the creation of a
2-20 civil service system for the agency, the agency head, commissioners
2-21 court, and district attorney shall each appoint one person to serve
2-22 as a member of the civil service commission that administers the
2-23 system. The agency head shall designate one of the members as
2-24 chairman of the commission.
2-25 (b) Each member of the commission is appointed for a term of
2-26 two years. One of the initial members of the commission shall
2-27 serve an initial term of one year to be determined by the initial
3-1 members by lot.
3-2 (c) The appointing authority that appointed a member of the
3-3 commission whose position becomes vacant shall appoint a person to
3-4 serve the unexpired part of the member's term.
3-5 (d) To be eligible for appointment to the commission, a
3-6 person must:
3-7 (1) be at least 25 years old; and
3-8 (2) have resided in the county for the three years
3-9 immediately preceding the date on which the person's term will
3-10 begin.
3-11 Sec. 158.065. POWERS OF COMMISSION. (a) The commission
3-12 shall adopt, publish, and enforce rules regarding:
3-13 (1) selection and classification of employees;
3-14 (2) competitive examinations;
3-15 (3) promotions, seniority, and tenure;
3-16 (4) layoffs and dismissals;
3-17 (5) disciplinary actions;
3-18 (6) grievance procedures; and
3-19 (7) other matters relating to the selection of
3-20 employees and the procedural and substantive rights, advancement,
3-21 benefits, and working conditions of employees.
3-22 (b) The commission may adopt or use as a guide any civil
3-23 service law or rule of the United States, this state, or a
3-24 political subdivision in this state to the extent that the law or
3-25 rule promotes the purposes of this subchapter and is consistent
3-26 with this subchapter and the needs and circumstances of the agency.
3-27 The commission's rules shall provide that an affected employee may
4-1 appeal to the commission a disciplinary action, promotional
4-2 passover, or dismissal from the agency, and that an agency must
4-3 notify an employee by letter of a disciplinary action, promotional
4-4 passover, or dismissal from the agency.
4-5 Sec. 158.066. COMPENSATION AND STAFF. The members of the
4-6 commission serve without compensation, but the commissioners court
4-7 shall reimburse each member for actual and necessary expenses
4-8 incurred in performing the member's duties. The commissioners
4-9 court shall provide the commission with adequate office space and
4-10 sufficient funds to employ an adequate staff and to purchase
4-11 necessary supplies and equipment.
4-12 Sec. 158.067. APPEALS TO AGENCY HEAD. (a) An employee who
4-13 is the subject of a disciplinary action has the right to appeal
4-14 that decision to the agency head not later than the 10th day after
4-15 the date the disciplinary action occurred.
4-16 (b) The appeal to the agency head must be written and must
4-17 state the basis for the appeal.
4-18 (c) The agency head must conduct any investigation or
4-19 hearing and issue a written decision on the employee's appeal
4-20 during the 10-day period after the date the agency head receives
4-21 the employee's written appeal.
4-22 (d) If a hearing is held, the employee has the right to:
4-23 (1) be represented by counsel or another person the
4-24 employee chooses;
4-25 (2) appear personally;
4-26 (3) call witnesses; and
4-27 (4) present evidence.
5-1 (e) The agency head may modify the disciplinary action if
5-2 the agency head finds that the charges are not supported by the
5-3 facts.
5-4 Sec. 158.068. COMMISSION APPEAL PROCEDURE. (a) Except as
5-5 otherwise provided by this subchapter, to appeal to the commission
5-6 a decision of the agency head under Section 158.067 for which an
5-7 appeal or review is provided under this subchapter, the employee
5-8 need only file a written appeal with the commission not later than
5-9 the 10th day after the date of the agency head's written decision.
5-10 (b) The appeal must include a description of the grounds for
5-11 the appeal and a request for a commission hearing. The appeal must
5-12 also contain a statement denying the truth of the charge as made, a
5-13 statement taking exception to the legal sufficiency of the charge,
5-14 a statement alleging that the recommended action does not fit the
5-15 offense or alleged offense, or a combination of these statements.
5-16 (c) The commission must conduct any investigation and
5-17 commence a hearing during the 15-day period after the date the
5-18 commission receives the employee's written appeal. The period may
5-19 be extended for good cause.
5-20 (d) In each hearing, appeal, or review of any kind in which
5-21 the commission performs an adjudicatory function, the affected
5-22 employee is entitled to be represented by counsel or by another
5-23 person the employee chooses. Each commission proceeding shall be
5-24 held in public.
5-25 (e) The commission may administer oaths and may issue
5-26 subpoenas and subpoenas duces tecum for the attendance of witnesses
5-27 and for the production of documentary material.
6-1 (f) The affected employee may request the commission to
6-2 subpoena any books, records, documents, papers, accounts, or
6-3 witnesses that the employee considers pertinent to the case. The
6-4 employee must make the request before the 10th day before the date
6-5 the commission hearing will be held. If the commission does not
6-6 subpoena the material, the commission shall, before the third day
6-7 before the date the hearing will be held, make a written report to
6-8 the employee stating the reason it will not subpoena the requested
6-9 material. This report shall be read into the public record of the
6-10 commission hearing.
6-11 (g) Witnesses may be placed under the rule at the commission
6-12 hearing.
6-13 (h) The commission shall conduct the hearing fairly and
6-14 impartially as prescribed by this subchapter and shall render a
6-15 just and fair decision in writing not later than the 5th day after
6-16 the day the hearing ends. The commission may consider only the
6-17 evidence submitted at the hearing.
6-18 (i) In its decision, the commission may:
6-19 (1) affirm the agency's disciplinary action;
6-20 (2) modify the disciplinary action as appropriate; or
6-21 (3) grant the relief requested by the employee and
6-22 reinstate the employee in the job assignment the employee held
6-23 prior to the disciplinary action without loss of compensation or
6-24 benefits.
6-25 (j) The commission shall maintain a public record of each
6-26 proceeding with copies available at cost.
6-27 Sec. 158.069. APPEAL OF COMMISSION DECISION. (a) An
7-1 employee who, on a final decision by the commission, is demoted,
7-2 suspended, or removed from a position may appeal the decision by
7-3 filing a petition in a district court in the county not later than
7-4 the 30th day after the date of the decision.
7-5 (b) An appeal under this section is by trial de novo, and
7-6 the judgment of the district court is appealable as in other civil
7-7 cases.
7-8 (c) If the district court renders judgment for the
7-9 petitioner, the court may order reinstatement of the employee,
7-10 payment of back pay, or other appropriate relief.
7-11 Sec. 158.070. EX PARTE COMMUNICATIONS. (a) While any
7-12 matter subject to a hearing under this subchapter is pending, a
7-13 person may not, except by giving sworn testimony at the hearing, by
7-14 written briefs or written motions in the case that are also served
7-15 on the opposing party, or as otherwise provided by law, communicate
7-16 with the commission regarding the facts of the matter under
7-17 consideration unless the other party or the party's representative
7-18 is present.
7-19 (b) If the commission or a court of competent jurisdiction
7-20 determines that a person has violated Subsection (a) on behalf of
7-21 and with the knowledge of the employee who filed the appeal or
7-22 request for a review, the appeal or review shall be dismissed. If
7-23 the commission or a court of competent jurisdiction determines that
7-24 a person violated Subsection (a) on behalf of or in favor of the
7-25 agency head or the agency head's representative, the position of
7-26 the employee that filed the appeal or request for a review shall be
7-27 upheld.
8-1 Sec. 158.071. PROCEDURES AFTER FELONY INDICTMENT OR
8-2 MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a
8-3 felony or officially charged with the commission of a Class A or B
8-4 misdemeanor, the agency head may temporarily suspend the person
8-5 with or without pay for a period not to exceed 30 days after the
8-6 date of final disposition of the specified felony indictment or
8-7 misdemeanor complaint.
8-8 (b) The agency head shall notify the suspended employee in
8-9 writing that the person is being temporarily suspended for a
8-10 specific period with or without pay and that the temporary
8-11 suspension is not intended to reflect an opinion on the merits of
8-12 the indictment or complaint.
8-13 (c) An employee indicted for a felony or officially charged
8-14 with the commission of a Class A or B misdemeanor who has also been
8-15 charged by the agency head with a civil service rule violation
8-16 directly related to the indictment or complaint may delay the civil
8-17 service hearing for not more than 30 days after the date of the
8-18 final disposition of the indictment or complaint.
8-19 (d) If the agency head temporarily suspends an employee
8-20 under this section and the employee is not found guilty of the
8-21 indictment or complaint in a court of competent jurisdiction, the
8-22 employee may appeal to the commission for recovery of back pay.
8-23 The commission may:
8-24 (1) award all or part of the back pay, even if the
8-25 employee is a deputy sheriff whose appointment as a deputy was
8-26 revoked under Section 85.003(c); or
8-27 (2) affirm or modify the decision of the agency head.
9-1 (e) Acquittal or dismissal of an indictment or a complaint
9-2 does not mean that an employee has not violated a civil service
9-3 rule and does not negate the charges that may have been or may be
9-4 brought against the employee by the agency head.
9-5 (f) Conviction of a felony is cause for dismissal, and
9-6 conviction of a Class A or B misdemeanor may be cause for
9-7 disciplinary action or dismissal.
9-8 Sec. 158.072. LEAVES OF ABSENCE; RESTRICTION PROHIBITED.
9-9 (a) If a sufficient number of appropriate personnel are available
9-10 to carry out the normal functions of the agency, a county jailer or
9-11 an officer may not be refused a reasonable leave of absence without
9-12 pay to attend a law enforcement officer's school, convention, or
9-13 meeting if the purpose of the school, convention, or meeting is to
9-14 secure a more efficient agency and better working conditions for
9-15 agency personnel.
9-16 (b) A rule that affects a county jailer's or officer's
9-17 constitutional right to appear before or to petition the
9-18 legislature may not be adopted.
9-19 Sec. 158.073. EXEMPTIONS. (a) A person who is an employee
9-20 of an agency on the date that a civil service system is adopted
9-21 under this subchapter in the agency may not be required to take a
9-22 competitive examination or perform any other act under this
9-23 subchapter to maintain the person's employment.
9-24 (b) The agency head may designate as exempt from the civil
9-25 service system:
9-26 (1) the position of chief deputy or assistant;
9-27 (2) one or more positions in the office of the
10-1 agency's legal counsel; and
10-2 (3) additional positions in the agency, in a number to
10-3 be determined by the commission but not to exceed 25, that the
10-4 civil service commission has determined to be administrative or
10-5 supervisory positions. The agency head may not designate as exempt
10-6 any position classified as captain or below. The designation of
10-7 additional exempt positions by the agency head does not diminish
10-8 the number of positions within the classification of captain or
10-9 below.
10-10 (c) At the time a new agency head takes office, an employee
10-11 holding an exempt position under Subsection (b) may be transferred
10-12 to the nonexempt position held by the employee immediately before
10-13 being promoted to an exempt position. A person who was not an
10-14 officer in the agency when appointed to an exempt position may be
10-15 transferred only to an entry level position in accordance with the
10-16 system's civil service rules.
10-17 Sec. 158.074. DISSOLUTION OF SYSTEM. (a) If, after a civil
10-18 service system under this subchapter has been in effect in an
10-19 agency for at least one year, 20 percent of the employees of the
10-20 agency petition the county judge to dissolve the system, the judge
10-21 shall order an election in the agency on the question of the
10-22 dissolution of the civil service system for the agency.
10-23 (b) The county judge shall hold the election after the 15th
10-24 day but on or before the 45th day after the date the petition is
10-25 submitted. The election must be by secret ballot and each employee
10-26 is entitled to vote at the election.
10-27 (c) The ballots for the election shall be printed to provide
11-1 for voting for or against the proposition: "Dissolution of the
11-2 civil service system."
11-3 (d) The county judge shall canvass the votes and declare the
11-4 result.
11-5 (e) If the proposition is approved by a majority of the
11-6 employees voting at the election, the county judge shall declare
11-7 the agency's civil service system dissolved.
11-8 Sec. 158.075. EXCLUSIVITY. A civil service system created
11-9 under this subchapter and in effect applies to the agency to the
11-10 exclusion of a civil service system in that county created under
11-11 Subchapter A or B or another law.
11-12 SECTION 2. (a) The civil service system of a sheriff's
11-13 department in a county with a population of 2.8 million or more
11-14 that was created under Subchapter B, Chapter 158, Local Government
11-15 Code, continues in existence and is now governed by the law in
11-16 Subchapter C, Chapter 158, Local Government Code, as added by this
11-17 Act. The election that was held to create the civil service
11-18 system under Subchapter B of Chapter 158 is considered to have
11-19 created a system under Subchapter C of Chapter 158. A commissioner
11-20 who was appointed to the civil service commission created under
11-21 Subchapter B will continue as a commissioner under Subchapter C,
11-22 and the expiration date of the person's term is not affected by
11-23 this Act. A rule made by the civil service commission under
11-24 Subchapter B that is consistent with Subchapter C continues in
11-25 effect until altered or modified as a rule of the civil service
11-26 commission under Subchapter C.
11-27 (b) The change in law made by Section 158.071, Local
12-1 Government Code, as added by this Act, applies only to an employee
12-2 who is indicted for a felony, charged with the commission of a
12-3 Class A or B misdemeanor, or charged with the violation of a civil
12-4 service rule based on an act classified as a felony or a Class A or
12-5 B misdemeanor on or after the effective date of this Act. An
12-6 employee who is indicted for a felony, charged with a Class A or B
12-7 misdemeanor, or charged with the violation of a civil service rule
12-8 based on an act classified as a felony or a Class A or B
12-9 misdemeanor before that date is covered by the law in effect when
12-10 the employee was indicted or charged, and the former law is
12-11 continued in effect for that purpose.
12-12 (c) The change in law made by this Act does not affect the
12-13 validity of an action taken by a sheriff's department civil service
12-14 commission in a county with a population of 2.8 million or more
12-15 under Subchapter B, Chapter 158, Local Government Code, before the
12-16 effective date of this Act. An action taken by the civil service
12-17 commission under Subchapter B, Chapter 158, Local Government Code,
12-18 before the effective date of this Act is governed by the law in
12-19 effect at the time the action was taken, and the former law is
12-20 continued in effect for that purpose. Any ongoing proceeding under
12-21 consideration by the civil service commission on the effective date
12-22 of this Act continues without a change of status, except that
12-23 procedural actions taken in the case after the effective date of
12-24 this Act are governed by Subchapter C, Chapter 158, Local
12-25 Government Code, as added by this Act.
12-26 SECTION 3. This Act takes effect September 1, 1993.
12-27 SECTION 4. The importance of this legislation and the
13-1 crowded condition of the calendars in both houses create an
13-2 emergency and an imperative public necessity that the
13-3 constitutional rule requiring bills to be read on three several
13-4 days in each house be suspended, and this rule is hereby suspended.