By Bailey H.B. No. 2154
74R5259 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a civil service system for peace officers employed by a
1-3 metropolitan rapid transit authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 5, Local Government Code, is
1-6 amended by adding Chapter 176 to read as follows:
1-7 CHAPTER 176. CIVIL SERVICE SYSTEM FOR PEACE OFFICERS IN
1-8 CERTAIN TRANSIT AUTHORITIES
1-9 Sec. 176.001. DEFINITIONS. In this chapter:
1-10 (1) "Commission" means a transit authority police
1-11 civil service commission.
1-12 (2) "Department" means a division or department within
1-13 a transit authority that employs peace officers.
1-14 (3) "Employee" means a peace officer employed by a
1-15 transit authority.
1-16 Sec. 176.002. APPLICABILITY. This chapter applies to a
1-17 transit authority that employs peace officers under Section 13,
1-18 Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
1-19 (Article 1118x, Vernon's Texas Civil Statutes).
1-20 Sec. 176.003. PETITION AND ELECTION. (a) If at least 20
1-21 percent of the employees of an eligible department under this
1-22 chapter sign a petition requesting an election under this section
1-23 and present the petition to the governing body of the transit
1-24 authority, the head of the governing body shall order a
2-1 departmental election on the question of the creation of a transit
2-2 authority police civil service system.
2-3 (b) In lieu of the election, the governing body of the
2-4 transit authority may establish the police civil service system on
2-5 its own accord.
2-6 (c) The governing body shall hold the election after the
2-7 15th day but on or before the 45th day after the date the petition
2-8 is presented. The election must be by secret ballot and each
2-9 employee is entitled to vote at the election.
2-10 (d) The ballots for the election shall be printed to provide
2-11 for voting for or against the proposition: "Creation of a transit
2-12 authority police civil service system."
2-13 (e) The governing body of the transit authority shall
2-14 canvass the votes and declare the result.
2-15 Sec. 176.004. APPOINTMENT OF COMMISSION. (a) If a majority
2-16 of the employees voting at the election approve the creation of a
2-17 transit authority police civil service system, the mayor of the
2-18 municipality with the largest population that is wholly or partly
2-19 within the jurisdiction of the authority, the county judge of the
2-20 county with the largest population that is wholly or partly within
2-21 the jurisdiction of the authority, and the governing body of the
2-22 authority shall each appoint one person to serve as a member of the
2-23 civil service commission that administers the system. The head of
2-24 the governing body of the transit authority shall designate one of
2-25 the members as the presiding officer of the commission.
2-26 (b) Each member of the commission is appointed for a term of
2-27 two years. However, the initial members of the commission shall
3-1 determine by lot which two of them will serve a term of two years
3-2 and which one of them will serve a term of one year.
3-3 (c) The entity or person that appointed a member of the
3-4 commission whose position becomes vacant shall appoint a person to
3-5 serve the unexpired part of the member's term.
3-6 (d) To be eligible for appointment to the commission, a
3-7 person must:
3-8 (1) be at least 25 years old; and
3-9 (2) have resided within the jurisdiction of the
3-10 transit authority for at least three years immediately preceding
3-11 the date on which the person's term will begin.
3-12 Sec. 176.005. POWERS OF COMMISSION. (a) The commission
3-13 shall adopt, publish, and enforce rules regarding:
3-14 (1) selection and classification of employees;
3-15 (2) competitive examination;
3-16 (3) promotions, seniority, and tenure;
3-17 (4) layoffs and dismissals;
3-18 (5) disciplinary actions;
3-19 (6) grievance procedures;
3-20 (7) the rights of employees during an internal
3-21 investigation; and
3-22 (8) other matters relating to the selection of
3-23 employees and the procedural and substantive rights, advancement,
3-24 benefits, and working conditions of employees.
3-25 (b) The commission may adopt or use as a guide any civil
3-26 service law or rule of the United States, this state, or a
3-27 political subdivision in this state to the extent that the law or
4-1 rule promotes the purposes of this chapter and is consistent with
4-2 the needs and circumstances of the department.
4-3 (c) An employee is entitled to a hearing in any case
4-4 involving termination, demotion, or back pay. The commission may
4-5 provide for a hearing in other cases. All three commissioners
4-6 shall preside at the hearing and vote on the commission's final
4-7 decision in any case involving termination, demotion, or recovery
4-8 of back pay.
4-9 Sec. 176.006. PROCEDURES AFTER FELONY INDICTMENT OR
4-10 MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a
4-11 felony or officially charged with the commission of a Class A or
4-12 Class B misdemeanor, the head of the department may temporarily
4-13 suspend the person with or without pay for a period not to exceed
4-14 30 days after the date of final disposition of the specified felony
4-15 indictment or misdemeanor complaint.
4-16 (b) The head of the department shall notify the suspended
4-17 employee in writing that the person is being temporarily suspended
4-18 for a specific period with or without pay and that the temporary
4-19 suspension is not intended to reflect an opinion on the merits of
4-20 the indictment or complaint.
4-21 (c) An employee indicted for a felony or officially charged
4-22 with the commission of a Class A or Class B misdemeanor who has
4-23 also been charged by the head of the department with a civil
4-24 service rule violation directly related to the indictment or
4-25 complaint may delay the civil service hearing for not more than 30
4-26 days after the date of the final disposition of the indictment or
4-27 complaint.
5-1 (d) If the head of the department temporarily suspends an
5-2 employee under this section and the employee is not convicted of
5-3 the charge in a court of competent jurisdiction, the employee may
5-4 appeal to the commission for recovery of back pay. The commission
5-5 may:
5-6 (1) award all or part of the back pay; or
5-7 (2) modify or uphold the decision of the head of the
5-8 department.
5-9 (e) Acquittal or dismissal of an indictment or a complaint
5-10 does not mean that an employee has not violated a civil service
5-11 rule and does not negate the charges that may have been or may be
5-12 brought against the employee by the head of the department.
5-13 (f) Conviction of a felony is cause for dismissal, and
5-14 conviction of a Class A or Class B misdemeanor may be cause for
5-15 disciplinary action or dismissal.
5-16 Sec. 176.007. COMPENSATION AND STAFF. The members of the
5-17 commission serve without compensation, but the governing body of
5-18 the transit authority shall reimburse each member for actual and
5-19 necessary expenses incurred in performing the member's duties. The
5-20 governing body of the transit authority shall provide the
5-21 commission with adequate office space and sufficient funds to
5-22 employ an adequate staff and to purchase necessary supplies and
5-23 equipment.
5-24 Sec. 176.008. APPEALS. (a) An employee who, on a final
5-25 decision by the commission, is demoted, suspended, or removed from
5-26 a position may appeal the decision by filing a petition in a
5-27 district court in a county that is within the jurisdiction of the
6-1 transit authority not later than the 30th day after the date of the
6-2 decision.
6-3 (b) An appeal under this section is by trial de novo, and
6-4 the judgment of the district court is appealable as in other civil
6-5 cases.
6-6 (c) If the district court renders a judgment for the
6-7 petitioner, the court may order reinstatement of the employee,
6-8 payment of back pay, or other appropriate relief.
6-9 Sec. 176.009. EXEMPTIONS. (a) A person who is an employee
6-10 of a department on the date that a civil service system is adopted
6-11 under this chapter may not be required to take a competitive
6-12 examination or perform any other act under this chapter to maintain
6-13 the person's employment or position.
6-14 (b) The head of the department may designate as exempt from
6-15 the civil service system:
6-16 (1) the position of assistant chief or department
6-17 head;
6-18 (2) one or more positions in the office of department
6-19 legal counsel; and
6-20 (3) additional positions in the department.
6-21 (c) The head of the department may designate as exempt not
6-22 more than five positions under Subsection (b).
6-23 Sec. 176.010. DISSOLUTION OF SYSTEM. (a) If, after a civil
6-24 service system under this chapter has been in effect in a
6-25 department for at least one year, 20 percent of the employees of
6-26 the department petition the governing body of the transit authority
6-27 to dissolve the system, the governing body shall order a
7-1 departmental election on the question of the dissolution of the
7-2 department's police civil service system.
7-3 (b) The governing body shall hold the election after the
7-4 15th day but on or before the 45th day after the date the petition
7-5 is submitted. The election must be by secret ballot, and each
7-6 employee is entitled to vote at the election.
7-7 (c) The ballots for the election shall be printed to provide
7-8 for voting for or against the proposition: "Dissolution of the
7-9 transit authority police civil service system."
7-10 (d) The head of the governing body and the civil service
7-11 commission shall canvass the votes and declare the result.
7-12 (e) If the proposition is approved by a majority of the
7-13 employees voting at the election, the governing body shall declare
7-14 the department police civil service system dissolved.
7-15 Sec. 176.011. EXCLUSIVITY. A civil service system created
7-16 under this chapter and in effect applies to the department to the
7-17 exclusion of a civil service system created under another law.
7-18 SECTION 2. This Act takes effect September 1, 1995.
7-19 SECTION 3. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended.