By Moreno H.B. No. 728
74R3764 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to granting county civil service commissions certain
1-3 powers necessary to conduct hearings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 158.009, Local Government Code, is
1-6 amended by adding Subsections (d), (e), and (f) to read as
1-7 follows:
1-8 (d) The commission may:
1-9 (1) conduct examinations and investigations and hear
1-10 testimony and accept evidence under oath at a public or private
1-11 hearing on a matter material to the commission's authority to
1-12 select county employees or decide disciplinary grievances,
1-13 termination actions, or any other matter relating to substantive
1-14 rights, advancement, benefits, and working conditions of county
1-15 employees; and
1-16 (2) make a final decision on a matter considered in
1-17 the hearing.
1-18 (e) One or more members of the commission may administer
1-19 oaths, issue a subpoena requiring the attendance of a witness or
1-20 the production of books and papers, and issue a commission for the
1-21 examination of a witness who is outside the state, unable to attend
1-22 a hearing, or excused from attendance.
1-23 (f) If a person fails to comply with a subpoena or
1-24 commission issued under this section, the county civil service
2-1 commission may bring suit to enforce the subpoena or commission in
2-2 a district court of the county in which the witness resides or the
2-3 county in which the books and papers are located. A court that
2-4 determines that good cause exists for the issuance of the subpoena
2-5 or commission shall order compliance with the subpoena or
2-6 commission. The court may hold in contempt a person who does not
2-7 obey the order.
2-8 SECTION 2. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.