By: Whitmire S.B. No. 784
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.