1-1 By: Whitmire S.B. No. 784
1-2 (In the Senate - Filed March 10, 1993; March 11, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 15, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 April 15, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 784 By: Henderson
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to procedures for certain employment matters concerning
1-24 sheriff's department employees of certain counties.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 158.035, Local Government Code, is
1-27 amended by adding Subsection (c) to read as follows:
1-28 (c) In a county with a population of 2.8 million or more, at
1-29 least three commissioners shall preside at the hearing and vote on
1-30 the commission's final decision in any case involving termination,
1-31 demotion, or recovery of back pay.
1-32 SECTION 2. Subchapter B, Chapter 158, Local Government Code,
1-33 is amended by adding Section 158.0351 to read as follows:
1-34 Sec. 158.0351. PROCEDURES AFTER FELONY INDICTMENT OR
1-35 MISDEMEANOR COMPLAINT. (a) This section applies only to a county
1-36 with a population of 2.8 million or more.
1-37 (b) If an employee is indicted for a felony or officially
1-38 charged with the commission of a Class A or B misdemeanor, the
1-39 sheriff may temporarily suspend the person with or without pay for
1-40 a period not to exceed 30 days after the date of final disposition
1-41 of the specified felony indictment or misdemeanor complaint.
1-42 (c) The sheriff shall notify the suspended employee in
1-43 writing that the person is being temporarily suspended for a
1-44 specific period with or without pay and that the temporary
1-45 suspension is not intended to reflect an opinion on the merits of
1-46 the indictment or complaint.
1-47 (d) An employee indicted for a felony or officially charged
1-48 with the commission of a Class A or B misdemeanor who has also been
1-49 charged by the sheriff with a civil service rule violation directly
1-50 related to the indictment or complaint may delay the civil service
1-51 hearing for not more than 30 days after the date of the final
1-52 disposition of the indictment or complaint.
1-53 (e) If the sheriff temporarily suspends an employee under
1-54 this section and the employee is not found guilty as charged in the
1-55 indictment or complaint in a court of competent jurisdiction, the
1-56 employee may appeal to the commission for recovery of back pay.
1-57 The commission may:
1-58 (1) award all or part of the back pay, even if the
1-59 employee is a deputy sheriff whose appointment as a deputy was
1-60 revoked under Section 85.003(c); or
1-61 (2) modify or uphold the decision by the sheriff.
1-62 (f) Acquittal or dismissal of an indictment or a complaint
1-63 does not mean that an employee has not violated a civil service
1-64 rule and does not negate the charges that may have been or may be
1-65 brought against the employee by the sheriff.
1-66 (g) Conviction of a felony is cause for dismissal, and
1-67 conviction of a Class A or B misdemeanor may be cause for
1-68 disciplinary action or dismissal.
2-1 SECTION 3. The change in law made by Section 158.0351, Local
2-2 Government Code, as added by this Act, applies only to an employee
2-3 who is indicted for a felony, charged with the commission of a
2-4 Class A or B misdemeanor, or charged with the violation of a civil
2-5 service rule based on an act classified as a felony or a Class A or
2-6 B misdemeanor on or after the effective date of this Act. An
2-7 employee who is indicted for a felony, charged with a Class A or B
2-8 misdemeanor, or charged with the violation of a civil service rule
2-9 based on an act classified as a felony or a Class A or B
2-10 misdemeanor before that date is covered by the law in effect when
2-11 the employee was indicted or charged, and the former law is
2-12 continued in effect for that purpose.
2-13 SECTION 4. This Act takes effect September 1, 1993.
2-14 SECTION 5. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.
2-19 * * * * *
2-20 Austin,
2-21 Texas
2-22 April 15, 1993
2-23 Hon. Bob Bullock
2-24 President of the Senate
2-25 Sir:
2-26 We, your Committee on Intergovernmental Relations to which was
2-27 referred S.B. No. 784, have had the same under consideration, and I
2-28 am instructed to report it back to the Senate with the
2-29 recommendation that it do not pass, but that the Committee
2-30 Substitute adopted in lieu thereof do pass and be printed.
2-31 Armbrister,
2-32 Chairman
2-33 * * * * *
2-34 WITNESSES
2-35 FOR AGAINST ON
2-36 ___________________________________________________________________
2-37 Name: Lynwood Moreau x
2-38 Representing: Harris County Deputy Sheriffs
2-39 City: Houston
2-40 -------------------------------------------------------------------
2-41 Name: Homberto Barrera x
2-42 Representing: Harris County Deputy Sheriff
2-43 City: Houston
2-44 -------------------------------------------------------------------
2-45 Name: J. R. Campbell x
2-46 Representing: Harris County Deputy Sheriff
2-47 City: Pasadena
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