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.