By Turner of Harris H.B. No. 2280 74R5122 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the hearing and appeal of a disciplinary action against 1-3 employees of certain sheriff's departments. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 158, Local Government Code, 1-6 is amended by adding Sections 158.0352, 158.0353, and 158.0354 to 1-7 read as follows: 1-8 Sec. 158.0352. HEARING BEFORE COMMISSION. (a) An employee 1-9 is entitled to a hearing before the commission as provided by this 1-10 section before the employee may be demoted, suspended, or removed 1-11 from a position. 1-12 (b) The commission may issue subpoenas and subpoenas duces 1-13 tecum for the attendance of witnesses and for the production of 1-14 documentary material. 1-15 (c) The affected employee may request the commission to 1-16 subpoena any books, records, documents, papers, accounts, or 1-17 witnesses that the employee considers pertinent to the case. The 1-18 employee must make the request before the 10th day before the date 1-19 the commission hearing is held. If the commission does not 1-20 subpoena the material, the commission shall, before the third day 1-21 before the date the hearing is held, make a written report to the 1-22 employee stating the reason it will not subpoena the requested 1-23 material. This report shall be read into the public record of the 1-24 commission hearing. 2-1 (d) The commission shall conduct the hearing fairly and 2-2 impartially and shall render a just and fair decision. The 2-3 commission may consider only the evidence submitted at the hearing. 2-4 (e) The commission shall maintain a public record of each 2-5 proceeding with copies available at cost. 2-6 Sec. 158.0353. DISCIPLINARY SUSPENSION. (a) Except as 2-7 provided by Section 158.0351, a sheriff may suspend an employee 2-8 only for a violation of a civil service rule. The suspension may 2-9 be for a reasonable period not to exceed 15 calendar days or for an 2-10 indefinite period. An indefinite suspension is equivalent to 2-11 dismissal from the department. 2-12 (b) If a sheriff suspends an employee, the sheriff shall, 2-13 within 120 hours after the hour of suspension, file a written 2-14 statement with the commission giving the reasons for the 2-15 suspension. The sheriff shall immediately deliver a copy of the 2-16 statement in person to the suspended employee. 2-17 (c) The copy of the written statement must inform the 2-18 suspended employee that if the person wants to appeal to the 2-19 commission, the person must file a written appeal with the 2-20 commission within 10 days after the date the person receives the 2-21 copy of the statement. 2-22 (d) The written statement filed by the sheriff with the 2-23 commission must point out each civil service rule alleged to have 2-24 been violated by the suspended employee and must particularly 2-25 describe the alleged acts of the person that the sheriff contends 2-26 are in violation of the civil service rules. It is not sufficient 2-27 for the sheriff merely to refer to the provisions of the rules 3-1 alleged to have been violated. 3-2 (e) If the sheriff does not particularly point out in the 3-3 written statement the act or acts of the employee that allegedly 3-4 violated the civil service rules, the commission shall promptly 3-5 reinstate the person. 3-6 (f) In the original written statement and charges and in any 3-7 hearing conducted under this chapter, the sheriff may not complain 3-8 of an act that occurred earlier than the 180th day before the date 3-9 the sheriff suspends the employee. 3-10 (g) If the act about which a complaint is made is allegedly 3-11 related to criminal activity including the violation of a federal, 3-12 state, or local law for which the employee is subject to a criminal 3-13 penalty, the sheriff may not complain of an act that is discovered 3-14 earlier than the 180th day before the date the sheriff suspends the 3-15 employee. The sheriff must allege that the act about which a 3-16 complaint is made is related to criminal activity, or the 180-day 3-17 rule of Subsection (f) applies. 3-18 Sec. 158.0354. APPEAL OF DISCIPLINARY SUSPENSION. (a) This 3-19 section applies only to a suspension made under Section 158.0353. 3-20 (b) If a suspended employee appeals the suspension to the 3-21 commission, the commission shall hold a hearing and render a 3-22 decision in writing within 90 days after the date it receives 3-23 notice of appeal. The suspended person and the commission may 3-24 agree to postpone the hearing for a definite period. 3-25 (c) In a hearing conducted under this section, the sheriff 3-26 is restricted to the sheriff's original written statement and 3-27 charges, which may not be amended. 4-1 (d) The commission may suspend or dismiss an employee only 4-2 for violation of civil service rules and only after a finding by 4-3 the commission of the truth of specific charges against the 4-4 employee. 4-5 SECTION 2. The change in law made by this Act does not 4-6 affect the validity of an action taken by a sheriff's department 4-7 civil service commission before the effective date of this Act. 4-8 SECTION 3. This Act takes effect September 1, 1995. 4-9 SECTION 4. The importance of this legislation and the 4-10 crowded condition of the calendars in both houses create an 4-11 emergency and an imperative public necessity that the 4-12 constitutional rule requiring bills to be read on three several 4-13 days in each house be suspended, and this rule is hereby suspended.