S.B. No. 784
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.