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.
   1-26        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
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   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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