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.