By: Whitmire S.B. No. 784 A BILL TO BE ENTITLED AN ACT 1-1 relating to procedures for certain employment matters concerning 1-2 sheriff's department employees of certain counties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 158.035, Local Government Code, is 1-5 amended by adding Subsection (c) to read as follows: 1-6 (c) In a county with a population of 2.8 million or more, at 1-7 least three commissioners shall preside at the hearing and vote on 1-8 the commission's final decision in any case involving termination, 1-9 demotion, or recovery of back pay. 1-10 SECTION 2. Subchapter B, Chapter 158, Local Government Code, 1-11 is amended by adding Section 158.0351 to read as follows: 1-12 Sec. 158.0351. PROCEDURES AFTER FELONY INDICTMENT OR 1-13 MISDEMEANOR COMPLAINT. (a) This section applies only to a county 1-14 with a population of 2.8 million or more. 1-15 (b) If an employee is indicted for a felony or officially 1-16 charged with the commission of a Class A or B misdemeanor, the 1-17 sheriff may temporarily suspend the person with or without pay for 1-18 a period not to exceed 30 days after the date of final disposition 1-19 of the specified felony indictment or misdemeanor complaint. 1-20 (c) The sheriff shall notify the suspended employee in 1-21 writing that the person is being temporarily suspended for a 1-22 specific period with or without pay and that the temporary 1-23 suspension is not intended to reflect an opinion on the merits of 1-24 the indictment or complaint. 2-1 (d) An employee indicted for a felony or officially charged 2-2 with the commission of a Class A or B misdemeanor who has also been 2-3 charged by the sheriff with a civil service rule violation directly 2-4 related to the indictment or complaint may delay the civil service 2-5 hearing for not more than 30 days after the date of the final 2-6 disposition of the indictment or complaint. 2-7 (e) If the sheriff temporarily suspends an employee under 2-8 this section and the employee is not found guilty as charged in the 2-9 indictment or complaint in a court of competent jurisdiction, the 2-10 employee may appeal to the commission for recovery of back pay. 2-11 The commission may: 2-12 (1) award all or part of the back pay, even if the 2-13 employee is a deputy sheriff whose appointment as a deputy was 2-14 revoked under Section 85.003(c); or 2-15 (2) modify or uphold the decision by the sheriff. 2-16 (f) Acquittal or dismissal of an indictment or a complaint 2-17 does not mean that an employee has not violated a civil service 2-18 rule and does not negate the charges that may have been or may be 2-19 brought against the employee by the sheriff. 2-20 (g) Conviction of a felony is cause for dismissal, and 2-21 conviction of a Class A or B misdemeanor may be cause for 2-22 disciplinary action or dismissal. 2-23 SECTION 3. The change in law made by Section 158.0351, Local 2-24 Government Code, as added by this Act, applies only to an employee 2-25 who is indicted for a felony, charged with the commission of a 2-26 Class A or B misdemeanor, or charged with the violation of a civil 2-27 service rule based on an act classified as a felony or a Class A or 3-1 B misdemeanor on or after the effective date of this Act. An 3-2 employee who is indicted for a felony, charged with a Class A or B 3-3 misdemeanor, or charged with the violation of a civil service rule 3-4 based on an act classified as a felony or a Class A or B 3-5 misdemeanor before that date is covered by the law in effect when 3-6 the employee was indicted or charged, and the former law is 3-7 continued in effect for that purpose. 3-8 SECTION 4. This Act takes effect September 1, 1993. 3-9 SECTION 5. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended.