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.