By Bailey H.B. No. 1525 74R781 MLR-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to civil service systems for constable's offices in 1-3 certain counties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 158, Local Government Code, is amended by 1-6 adding Subchapter C to read as follows: 1-7 SUBCHAPTER C. CONSTABLE'S OFFICE CIVIL SERVICE SYSTEM 1-8 Sec. 158.061. APPLICABILITY. The employees of a constable's 1-9 office in a county with a population of 2.8 million or more may, in 1-10 accordance with this subchapter, create a civil service system for 1-11 that individual constable's office. 1-12 Sec. 158.062. DEFINITIONS. In this subchapter: 1-13 (1) "Commission" means an office's civil service 1-14 commission that is established to oversee and enforce this 1-15 subchapter for the office. 1-16 (2) "Employee" means an employee of a constable's 1-17 office. The term includes a deputy constable. 1-18 (3) "Office" means the constable's office. 1-19 Sec. 158.063. PETITION AND ELECTION. (a) If at least 20 1-20 percent of the employees of an eligible office under this 1-21 subchapter sign a petition requesting an election under this 1-22 section and present the petition to the county judge of the 1-23 employing county, the judge shall order an office election on the 1-24 question of the creation of a civil service system for the office. 2-1 (b) The county judge shall hold the election after the 15th 2-2 day but on or before the 45th day after the date the petition is 2-3 submitted. The election must be by secret ballot and each employee 2-4 is entitled to vote at the election. 2-5 (c) The ballots for the election shall be printed to provide 2-6 for voting for or against the proposition: "Creation of a civil 2-7 service system." 2-8 (d) The county judge shall canvass the votes and declare the 2-9 result. 2-10 Sec. 158.064. APPOINTMENT OF COMMISSION. (a) If a majority 2-11 of the employees voting at the election approve the creation of a 2-12 civil service system for the office, the constable, commissioners 2-13 court, and district attorney shall each appoint one person to serve 2-14 as a member of the civil service commission that administers the 2-15 system. The constable shall designate one of the members as 2-16 presiding officer of the commission. 2-17 (b) Each member of the commission is appointed for a term of 2-18 two years. One of the initial members of the commission shall 2-19 serve an initial term of one year to be determined by the initial 2-20 members by lot. 2-21 (c) The appointing authority that appointed a member of the 2-22 commission whose position becomes vacant shall appoint a person to 2-23 serve the unexpired part of the member's term. 2-24 (d) To be eligible for appointment to the commission, a 2-25 person must: 2-26 (1) be at least 25 years old; and 2-27 (2) have resided in the county for the three years 3-1 immediately preceding the date on which the person's term will 3-2 begin. 3-3 Sec. 158.065. POWERS OF COMMISSION. (a) The commission 3-4 shall adopt, publish, and enforce rules regarding: 3-5 (1) selection and classification of employees; 3-6 (2) competitive examinations; 3-7 (3) promotions, seniority, and tenure; 3-8 (4) layoffs and dismissals; 3-9 (5) disciplinary actions; 3-10 (6) grievance procedures; and 3-11 (7) other matters relating to the selection of 3-12 employees and the procedural and substantive rights, advancement, 3-13 benefits, and working conditions of employees. 3-14 (b) The commission may adopt or use as a guide any civil 3-15 service law or rule of the United States, this state, or a 3-16 political subdivision in this state to the extent that the law or 3-17 rule promotes the purposes of this subchapter and is consistent 3-18 with this subchapter and the needs and circumstances of the office. 3-19 The commission's rules shall provide that an affected employee may 3-20 appeal to the commission a disciplinary action, promotional 3-21 passover, or dismissal from the office, and that the office must 3-22 notify an employee by letter of a disciplinary action, promotional 3-23 passover, or dismissal from the office. 3-24 Sec. 158.066. COMPENSATION AND STAFF. The members of the 3-25 commission serve without compensation, but the commissioners court 3-26 shall reimburse each member for actual and necessary expenses 3-27 incurred in performing the member's duties. The commissioners 4-1 court shall provide the commission with adequate office space and 4-2 sufficient funds to employ an adequate staff and to purchase 4-3 necessary supplies and equipment. 4-4 Sec. 158.067. APPEALS TO CONSTABLE. (a) An employee who is 4-5 the subject of a disciplinary action has the right to appeal that 4-6 decision to the constable not later than the 10th day after the 4-7 date the disciplinary action occurred. 4-8 (b) The appeal to the constable must be written and must 4-9 state the basis for the appeal. 4-10 (c) The constable must conduct any investigation or hearing 4-11 and issue a written decision on the employee's appeal during the 4-12 10-day period after the date the constable receives the employee's 4-13 written appeal. 4-14 (d) If a hearing is held, the employee has the right to: 4-15 (1) be represented by counsel or another person the 4-16 employee chooses; 4-17 (2) appear personally; 4-18 (3) call witnesses; and 4-19 (4) present evidence. 4-20 (e) The constable may modify the disciplinary action if the 4-21 constable finds that the charges are not supported by the facts. 4-22 Sec. 158.068. COMMISSION APPEAL PROCEDURE. (a) Except as 4-23 otherwise provided by this subchapter, to appeal to the commission 4-24 a decision of the constable under Section 158.067 for which an 4-25 appeal or review is provided under this subchapter, the employee 4-26 need only file a written appeal with the commission not later than 4-27 the 10th day after the date of the constable's written decision. 5-1 (b) The appeal must include a description of the grounds for 5-2 the appeal and a request for a commission hearing. The appeal must 5-3 also contain a statement denying the truth of the charge as made, a 5-4 statement taking exception to the legal sufficiency of the charge, 5-5 a statement alleging that the recommended action does not fit the 5-6 offense or alleged offense, or a combination of these statements. 5-7 (c) The commission must conduct any investigation and 5-8 commence a hearing during the 15-day period after the date the 5-9 commission receives the employee's written appeal. The period may 5-10 be extended for good cause. 5-11 (d) In each hearing, appeal, or review of any kind in which 5-12 the commission performs an adjudicatory function, the affected 5-13 employee is entitled to be represented by counsel or by another 5-14 person the employee chooses. Each commission proceeding shall be 5-15 held in public. 5-16 (e) The commission may administer oaths and may issue 5-17 subpoenas and subpoenas duces tecum for the attendance of witnesses 5-18 and for the production of documentary material. 5-19 (f) The affected employee may request the commission to 5-20 subpoena any books, records, documents, papers, accounts, or 5-21 witnesses that the employee considers pertinent to the case. The 5-22 employee must make the request before the 10th day before the date 5-23 the commission hearing will be held. If the commission does not 5-24 subpoena the material, the commission shall, before the third day 5-25 before the date the hearing will be held, make a written report to 5-26 the employee stating the reason it will not subpoena the requested 5-27 material. This report shall be read into the public record of the 6-1 commission hearing. 6-2 (g) Witnesses may be placed under the rule at the commission 6-3 hearing. 6-4 (h) The commission shall conduct the hearing fairly and 6-5 impartially as prescribed by this subchapter and shall render a 6-6 just and fair decision in writing not later than the fifth day 6-7 after the date the hearing ends. The commission may consider only 6-8 the evidence submitted at the hearing. 6-9 (i) In its decision, the commission may: 6-10 (1) affirm the constable's disciplinary action; 6-11 (2) modify the disciplinary action as appropriate; or 6-12 (3) grant the relief requested by the employee and 6-13 reinstate the employee in the job assignment the employee held 6-14 prior to the disciplinary action without loss of compensation or 6-15 benefits. 6-16 (j) The commission shall maintain a public record of each 6-17 proceeding with copies available at cost. 6-18 Sec. 158.069. APPEAL OF COMMISSION DECISION. (a) An 6-19 employee who, on a final decision by the commission, is demoted, 6-20 suspended, or removed from a position may appeal the decision by 6-21 filing a petition in a district court in the county not later than 6-22 the 30th day after the date of the decision. 6-23 (b) An appeal under this section is by trial de novo, and 6-24 the judgment of the district court is appealable as in other civil 6-25 cases. 6-26 (c) If the district court renders judgment for the 6-27 petitioner, the court may order reinstatement of the employee, 7-1 payment of back pay, or other appropriate relief. 7-2 Sec. 158.070. EX PARTE COMMUNICATIONS. (a) While any 7-3 matter subject to a hearing under this subchapter is pending, a 7-4 person may not, except by giving sworn testimony at the hearing, by 7-5 written briefs or written motions in the case that are also served 7-6 on the opposing party, or as otherwise provided by law, communicate 7-7 with the commission regarding the facts of the matter under 7-8 consideration unless the other party or the party's representative 7-9 is present. 7-10 (b) If the commission or a court determines that a person 7-11 has violated Subsection (a) on behalf of and with the knowledge of 7-12 the employee who filed the appeal or request for a review, the 7-13 appeal or review shall be dismissed. If the commission or a court 7-14 determines that a person violated Subsection (a) on behalf of or in 7-15 favor of the constable or the constable's representative, the 7-16 position of the employee that filed the appeal or request for a 7-17 review shall be upheld. 7-18 Sec. 158.071. PROCEDURES AFTER FELONY INDICTMENT OR 7-19 MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a 7-20 felony or officially charged with the commission of a Class A or B 7-21 misdemeanor, the constable may temporarily suspend the person with 7-22 or without pay for a period not to exceed 30 days after the date of 7-23 final disposition of the specified felony indictment or misdemeanor 7-24 complaint. 7-25 (b) The constable shall notify the suspended employee in 7-26 writing that the person is being temporarily suspended for a 7-27 specific period with or without pay and that the temporary 8-1 suspension is not intended to reflect an opinion on the merits of 8-2 the indictment or complaint. 8-3 (c) An employee indicted for a felony or officially charged 8-4 with the commission of a Class A or B misdemeanor who has also been 8-5 charged by the constable with a civil service rule violation 8-6 directly related to the indictment or complaint may delay the civil 8-7 service hearing for not more than 30 days after the date of the 8-8 final disposition of the indictment or complaint. 8-9 (d) If the constable temporarily suspends an employee under 8-10 this section and the employee is not found guilty of the indictment 8-11 or complaint in a court, the employee may appeal to the commission 8-12 for recovery of back pay. The commission may: 8-13 (1) award all or part of the back pay; or 8-14 (2) affirm or modify the decision of the constable. 8-15 (e) Acquittal or dismissal of an indictment or a complaint 8-16 does not mean that an employee has not violated a civil service 8-17 rule and does not negate the charges that may have been or may be 8-18 brought against the employee by the constable. 8-19 (f) Conviction of a felony is cause for dismissal, and 8-20 conviction of a Class A or B misdemeanor may be cause for 8-21 disciplinary action or dismissal. 8-22 Sec. 158.072. EXEMPTIONS. (a) A person who is an employee 8-23 of an office on the date that a civil service system is adopted 8-24 under this subchapter may not be required to take a competitive 8-25 examination or perform any other act under this subchapter to 8-26 maintain the person's employment. 8-27 (b) The constable may designate as exempt from the civil 9-1 service system: 9-2 (1) the position of chief deputy or assistant; 9-3 (2) one or more positions in the office of the 9-4 constable's legal counsel; and 9-5 (3) additional positions in the office, in a number to 9-6 be determined by the commission but not to exceed five, that the 9-7 civil service commission has determined to be administrative or 9-8 supervisory positions. The constable may not designate as exempt 9-9 any position classified as captain or below. The designation of 9-10 additional exempt positions by the constable does not diminish the 9-11 number of positions within the classification of captain or below. 9-12 (c) At the time a new constable takes office, an employee 9-13 holding an exempt position under Subsection (b) may be transferred 9-14 to the nonexempt position held by the employee immediately before 9-15 being promoted to an exempt position. A person who was not a 9-16 deputy constable in the office when appointed to an exempt position 9-17 may be transferred only to an entry level position in accordance 9-18 with the system's civil service rules. 9-19 Sec. 158.073. DISSOLUTION OF SYSTEM. (a) If, after a civil 9-20 service system under this subchapter has been in effect in an 9-21 office for at least one year, 20 percent of the employees of the 9-22 office petition the county judge to dissolve the system, the judge 9-23 shall order an election in the office on the question of the 9-24 dissolution of the civil service system for the office. 9-25 (b) The county judge shall hold the election after the 15th 9-26 day but on or before the 45th day after the date the petition is 9-27 submitted. The election must be by secret ballot and each employee 10-1 is entitled to vote at the election. 10-2 (c) The ballots for the election shall be printed to provide 10-3 for voting for or against the proposition: "Dissolution of the 10-4 civil service system." 10-5 (d) The county judge shall canvass the votes and declare the 10-6 result. 10-7 (e) If the proposition is approved by a majority of the 10-8 employees voting at the election, the county judge shall declare 10-9 the office's civil service system dissolved. 10-10 Sec. 158.074. EXCLUSIVITY. A civil service system created 10-11 under this subchapter and in effect applies to the office to the 10-12 exclusion of a civil service system in that county created under 10-13 Subchapter A or another law. 10-14 SECTION 2. The change in law made by Section 158.071, Local 10-15 Government Code, as added by this Act, applies only to an employee 10-16 who is indicted for a felony, charged with the commission of a 10-17 Class A or B misdemeanor, or charged with the violation of a civil 10-18 service rule based on an act classified as a felony or a Class A or 10-19 B misdemeanor on or after the effective date of this Act. An 10-20 employee who is indicted for a felony, charged with a Class A or B 10-21 misdemeanor, or charged with the violation of a civil service rule 10-22 based on an act classified as a felony or a Class A or B 10-23 misdemeanor before that date is covered by the law in effect when 10-24 the employee was indicted or charged, and the former law is 10-25 continued in effect for that purpose. 10-26 SECTION 3. This Act takes effect September 1, 1995. 10-27 SECTION 4. The importance of this legislation and the 11-1 crowded condition of the calendars in both houses create an 11-2 emergency and an imperative public necessity that the 11-3 constitutional rule requiring bills to be read on three several 11-4 days in each house be suspended, and this rule is hereby suspended.