By: Gallegos S.B. No. 477
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a civil service system for peace officers employed by a
1-2 metropolitan rapid transit authority.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 5, Local Government Code, is amended by
1-5 adding Chapter 175 to read as follows:
1-6 CHAPTER 175. CIVIL SERVICE SYSTEM FOR PEACE OFFICERS IN
1-7 CERTAIN TRANSIT AUTHORITIES
1-8 Sec. 175.001. DEFINITIONS. In this chapter:
1-9 (1) "Commission" means a transit authority police
1-10 civil service commission.
1-11 (2) "Department" means a division or department within
1-12 a transit authority that employs peace officers.
1-13 (3) "Employee" means a peace officer employed by a
1-14 transit authority.
1-15 Sec. 175.002. APPLICABILITY. This chapter applies to a
1-16 transit authority that employs peace officers under Section 13,
1-17 Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
1-18 (Article 1118x, Vernon's Texas Civil Statutes).
1-19 Sec. 175.003. PETITION AND ELECTION. (a) If at least 20
1-20 percent of the employees of an eligible department under this
1-21 chapter sign a petition requesting an election under this section
1-22 and present the petition to the governing body of the transit
1-23 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 submitted. 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. 175.004. 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 within the jurisdiction of
2-19 the authority, the county judge of the county with the largest
2-20 population within the jurisdiction of the authority, and the
2-21 governing body of the authority shall each appoint one person to
2-22 serve as a member of the civil service commission that administers
2-23 the system. The head of the governing body of the transit
2-24 authority shall designate one of the members as chairman of the
2-25 commission.
3-1 (b) Each member of the commission is appointed for a term of
3-2 two years. However, the initial members of the commission shall
3-3 determine by lot which two of them will serve a term of two years
3-4 and which one of them will serve a term of one year.
3-5 (c) The entity or person that appointed a member of the
3-6 commission whose position becomes vacant shall appoint a person to
3-7 serve the unexpired part of the member's term.
3-8 (d) To be eligible for appointment to the commission, a
3-9 person must:
3-10 (1) be at least 25 years old; and
3-11 (2) have resided in a county or municipality within
3-12 the jurisdiction of the transit authority for three years
3-13 immediately preceding the date on which the person's term will
3-14 begin.
3-15 Sec. 175.005. POWERS OF COMMISSION. (a) The commission
3-16 shall adopt, publish, and enforce rules regarding:
3-17 (1) selection and classification of employees;
3-18 (2) competitive examinations;
3-19 (3) promotions, seniority, and tenure;
3-20 (4) layoffs and dismissals;
3-21 (5) disciplinary actions;
3-22 (6) grievance procedures;
3-23 (7) the rights of employees during an internal
3-24 investigation; and
3-25 (8) other matters relating to the selection of
4-1 employees and the procedural and substantive rights, advancement,
4-2 benefits, and working conditions of employees.
4-3 (b) The commission may adopt or use as a guide any civil
4-4 service law or rule of the United States, this state, or a
4-5 political subdivision in this state to the extent that the law or
4-6 rule promotes the purposes of this chapter and is consistent with
4-7 the needs and circumstances of the department.
4-8 (c) All three commissioners shall preside at the hearing and
4-9 vote on the commission's final decision in any case involving
4-10 termination, demotion, or recovery of back pay.
4-11 Sec. 175.006. PROCEDURES AFTER FELONY INDICTMENT OR
4-12 MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a
4-13 felony or officially charged with the commission of a Class A or
4-14 Class B misdemeanor, the head of the department may temporarily
4-15 suspend the person with or without pay for a period not to exceed
4-16 30 days after the date of final disposition of the specified felony
4-17 indictment or misdemeanor complaint.
4-18 (b) The head of the department shall notify the suspended
4-19 employee in writing that the person is being temporarily suspended
4-20 for a specific period with or without pay and that the temporary
4-21 suspension is not intended to reflect an opinion on the merits of
4-22 the indictment or complaint.
4-23 (c) An employee indicted for a felony or officially charged
4-24 with the commission of a Class A or Class B misdemeanor who has
4-25 also been charged by the head of the department with a civil
5-1 service rule violation directly related to the indictment or
5-2 complaint may delay the civil service hearing for not more than 30
5-3 days after the date of the final disposition of the indictment or
5-4 complaint.
5-5 (d) If the head of the department temporarily suspends an
5-6 employee under this section and the employee is not convicted of
5-7 the charge in a court of competent jurisdiction, the employee may
5-8 appeal to the commission for recovery of back pay. The commission
5-9 may:
5-10 (1) award all or part of the back pay; or
5-11 (2) modify or uphold the decision of the head of the
5-12 department.
5-13 (e) Acquittal or dismissal of an indictment or a complaint
5-14 does not mean that an employee has not violated a civil service
5-15 rule and does not negate the charges that may have been or may be
5-16 brought against the employee by the head of the department.
5-17 (f) Conviction of a felony is cause for dismissal, and
5-18 conviction of a Class A or Class B misdemeanor may be cause for
5-19 disciplinary action or dismissal.
5-20 Sec. 175.007. COMPENSATION AND STAFF. The members of the
5-21 commission serve without compensation, but the governing body of
5-22 the transit authority shall reimburse each member for actual and
5-23 necessary expenses incurred in performing the member's duties. The
5-24 governing body of the transit authority shall provide the
5-25 commission with adequate office space and sufficient funds to
6-1 employ an adequate staff and to purchase necessary supplies and
6-2 equipment.
6-3 Sec. 175.008. APPEALS. (a) An employee who, on a final
6-4 decision by the commission, is demoted, suspended, or removed from
6-5 a position may appeal the decision by filing a petition in a
6-6 district court in a county that is within the jurisdiction of the
6-7 transit authority within 30 days after the date of the decision.
6-8 (b) An appeal under this section is by trial de novo, and
6-9 the judgment of the district court is appealable as in other civil
6-10 cases.
6-11 (c) If the district court renders a judgment for the
6-12 petitioner, the court may order reinstatement of the employee,
6-13 payment of back pay, or other appropriate relief.
6-14 Sec. 175.009. EXEMPTIONS. (a) A person who is an employee
6-15 of a department on the date that a civil service system is adopted
6-16 under this subchapter may not be required to take a competitive
6-17 examination or perform any other act under this chapter to maintain
6-18 the person's employment or position.
6-19 (b) The head of the department may designate as exempt from
6-20 the civil service system:
6-21 (1) the position of assistant chief or department
6-22 head;
6-23 (2) one or more positions in the office of department
6-24 legal counsel; and
6-25 (3) additional positions in the department; provided,
7-1 however, that the head of the department may not designate as
7-2 exempt a total of more than five positions.
7-3 Sec. 175.010. DISSOLUTION OF SYSTEM. (a) If, after a civil
7-4 service system under this chapter has been in effect in a
7-5 department for at least one year, 20 percent of the employees of
7-6 the department petition the governing body of the transit authority
7-7 to dissolve the system, the governing body shall order a
7-8 departmental election on the question of the dissolution of the
7-9 department's police civil service system.
7-10 (b) The governing body shall hold the election after the
7-11 15th day but on or before the 45th day after the date the petition
7-12 is submitted. The election must be by secret ballot, and each
7-13 employee is entitled to vote at the election.
7-14 (c) The ballots for the election shall be printed to provide
7-15 for voting for or against the proposition: "Dissolution of the
7-16 transit authority police civil service system."
7-17 (d) The head of the governing body and the civil service
7-18 commission shall canvass the votes and declare the result.
7-19 (e) If the proposition is approved by a majority of the
7-20 employees voting at the election, the governing body shall declare
7-21 the department police civil service system dissolved.
7-22 Sec. 175.011. EXCLUSIVITY. A civil service system created
7-23 under this chapter and in effect applies to the department to the
7-24 exclusion of a civil service system created under another law.
7-25 SECTION 2. This Act takes effect September 1, 1995.
8-1 SECTION 3. The importance of this legislation and the
8-2 crowded condition of the calendars in both houses create an
8-3 emergency and an imperative public necessity that the
8-4 constitutional rule requiring bills to be read on three several
8-5 days in each house be suspended, and this rule is hereby suspended.