1-1 By: Gallegos S.B. No. 477
1-2 (In the Senate - Filed February 6, 1995; February 8, 1995,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 8, 1995, reported favorably by the following vote:
1-5 Yeas 7, Nays 4; March 8, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a civil service system for peace officers employed by a
1-9 metropolitan rapid transit authority.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Title 5, Local Government Code, is amended by
1-12 adding Chapter 175 to read as follows:
1-13 CHAPTER 175. CIVIL SERVICE SYSTEM FOR PEACE OFFICERS IN
1-14 CERTAIN TRANSIT AUTHORITIES
1-15 Sec. 175.001. DEFINITIONS. In this chapter:
1-16 (1) "Commission" means a transit authority police
1-17 civil service commission.
1-18 (2) "Department" means a division or department within
1-19 a transit authority that employs peace officers.
1-20 (3) "Employee" means a peace officer employed by a
1-21 transit authority.
1-22 Sec. 175.002. APPLICABILITY. This chapter applies to a
1-23 transit authority that employs peace officers under Section 13,
1-24 Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
1-25 (Article 1118x, Vernon's Texas Civil Statutes).
1-26 Sec. 175.003. PETITION AND ELECTION. (a) If at least 20
1-27 percent of the employees of an eligible department under this
1-28 chapter sign a petition requesting an election under this section
1-29 and present the petition to the governing body of the transit
1-30 authority, the head of the governing body shall order a
1-31 departmental election on the question of the creation of a transit
1-32 authority police civil service system.
1-33 (b) In lieu of the election, the governing body of the
1-34 transit authority may establish the police civil service system on
1-35 its own accord.
1-36 (c) The governing body shall hold the election after the
1-37 15th day but on or before the 45th day after the date the petition
1-38 is submitted. The election must be by secret ballot and each
1-39 employee is entitled to vote at the election.
1-40 (d) The ballots for the election shall be printed to provide
1-41 for voting for or against the proposition: "Creation of a transit
1-42 authority police civil service system."
1-43 (e) The governing body of the transit authority shall
1-44 canvass the votes and declare the result.
1-45 Sec. 175.004. APPOINTMENT OF COMMISSION. (a) If a majority
1-46 of the employees voting at the election approve the creation of a
1-47 transit authority police civil service system, the mayor of the
1-48 municipality with the largest population within the jurisdiction of
1-49 the authority, the county judge of the county with the largest
1-50 population within the jurisdiction of the authority, and the
1-51 governing body of the authority shall each appoint one person to
1-52 serve as a member of the civil service commission that administers
1-53 the system. The head of the governing body of the transit
1-54 authority shall designate one of the members as chairman of the
1-55 commission.
1-56 (b) Each member of the commission is appointed for a term of
1-57 two years. However, the initial members of the commission shall
1-58 determine by lot which two of them will serve a term of two years
1-59 and which one of them will serve a term of one year.
1-60 (c) The entity or person that appointed a member of the
1-61 commission whose position becomes vacant shall appoint a person to
1-62 serve the unexpired part of the member's term.
1-63 (d) To be eligible for appointment to the commission, a
1-64 person must:
1-65 (1) be at least 25 years old; and
1-66 (2) have resided in a county or municipality within
1-67 the jurisdiction of the transit authority for three years
1-68 immediately preceding the date on which the person's term will
2-1 begin.
2-2 Sec. 175.005. POWERS OF COMMISSION. (a) The commission
2-3 shall adopt, publish, and enforce rules regarding:
2-4 (1) selection and classification of employees;
2-5 (2) competitive examinations;
2-6 (3) promotions, seniority, and tenure;
2-7 (4) layoffs and dismissals;
2-8 (5) disciplinary actions;
2-9 (6) grievance procedures;
2-10 (7) the rights of employees during an internal
2-11 investigation; and
2-12 (8) other matters relating to the selection of
2-13 employees and the procedural and substantive rights, advancement,
2-14 benefits, and working conditions of employees.
2-15 (b) The commission may adopt or use as a guide any civil
2-16 service law or rule of the United States, this state, or a
2-17 political subdivision in this state to the extent that the law or
2-18 rule promotes the purposes of this chapter and is consistent with
2-19 the needs and circumstances of the department.
2-20 (c) All three commissioners shall preside at the hearing and
2-21 vote on the commission's final decision in any case involving
2-22 termination, demotion, or recovery of back pay.
2-23 Sec. 175.006. PROCEDURES AFTER FELONY INDICTMENT OR
2-24 MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a
2-25 felony or officially charged with the commission of a Class A or
2-26 Class B misdemeanor, the head of the department may temporarily
2-27 suspend the person with or without pay for a period not to exceed
2-28 30 days after the date of final disposition of the specified felony
2-29 indictment or misdemeanor complaint.
2-30 (b) The head of the department shall notify the suspended
2-31 employee in writing that the person is being temporarily suspended
2-32 for a specific period with or without pay and that the temporary
2-33 suspension is not intended to reflect an opinion on the merits of
2-34 the indictment or complaint.
2-35 (c) An employee indicted for a felony or officially charged
2-36 with the commission of a Class A or Class B misdemeanor who has
2-37 also been charged by the head of the department with a civil
2-38 service rule violation directly related to the indictment or
2-39 complaint may delay the civil service hearing for not more than 30
2-40 days after the date of the final disposition of the indictment or
2-41 complaint.
2-42 (d) If the head of the department temporarily suspends an
2-43 employee under this section and the employee is not convicted of
2-44 the charge in a court of competent jurisdiction, the employee may
2-45 appeal to the commission for recovery of back pay. The commission
2-46 may:
2-47 (1) award all or part of the back pay; or
2-48 (2) modify or uphold the decision of the head of the
2-49 department.
2-50 (e) Acquittal or dismissal of an indictment or a complaint
2-51 does not mean that an employee has not violated a civil service
2-52 rule and does not negate the charges that may have been or may be
2-53 brought against the employee by the head of the department.
2-54 (f) Conviction of a felony is cause for dismissal, and
2-55 conviction of a Class A or Class B misdemeanor may be cause for
2-56 disciplinary action or dismissal.
2-57 Sec. 175.007. COMPENSATION AND STAFF. The members of the
2-58 commission serve without compensation, but the governing body of
2-59 the transit authority shall reimburse each member for actual and
2-60 necessary expenses incurred in performing the member's duties. The
2-61 governing body of the transit authority shall provide the
2-62 commission with adequate office space and sufficient funds to
2-63 employ an adequate staff and to purchase necessary supplies and
2-64 equipment.
2-65 Sec. 175.008. APPEALS. (a) An employee who, on a final
2-66 decision by the commission, is demoted, suspended, or removed from
2-67 a position may appeal the decision by filing a petition in a
2-68 district court in a county that is within the jurisdiction of the
2-69 transit authority within 30 days after the date of the decision.
2-70 (b) An appeal under this section is by trial de novo, and
3-1 the judgment of the district court is appealable as in other civil
3-2 cases.
3-3 (c) If the district court renders a judgment for the
3-4 petitioner, the court may order reinstatement of the employee,
3-5 payment of back pay, or other appropriate relief.
3-6 Sec. 175.009. EXEMPTIONS. (a) A person who is an employee
3-7 of a department on the date that a civil service system is adopted
3-8 under this subchapter may not be required to take a competitive
3-9 examination or perform any other act under this chapter to maintain
3-10 the person's employment or position.
3-11 (b) The head of the department may designate as exempt from
3-12 the civil service system:
3-13 (1) the position of assistant chief or department
3-14 head;
3-15 (2) one or more positions in the office of department
3-16 legal counsel; and
3-17 (3) additional positions in the department; provided,
3-18 however, that the head of the department may not designate as
3-19 exempt a total of more than five positions.
3-20 Sec. 175.010. DISSOLUTION OF SYSTEM. (a) If, after a civil
3-21 service system under this chapter has been in effect in a
3-22 department for at least one year, 20 percent of the employees of
3-23 the department petition the governing body of the transit authority
3-24 to dissolve the system, the governing body shall order a
3-25 departmental election on the question of the dissolution of the
3-26 department's police civil service system.
3-27 (b) The governing body shall hold the election after the
3-28 15th day but on or before the 45th day after the date the petition
3-29 is submitted. The election must be by secret ballot, and each
3-30 employee is entitled to vote at the election.
3-31 (c) The ballots for the election shall be printed to provide
3-32 for voting for or against the proposition: "Dissolution of the
3-33 transit authority police civil service system."
3-34 (d) The head of the governing body and the civil service
3-35 commission shall canvass the votes and declare the result.
3-36 (e) If the proposition is approved by a majority of the
3-37 employees voting at the election, the governing body shall declare
3-38 the department police civil service system dissolved.
3-39 Sec. 175.011. EXCLUSIVITY. A civil service system created
3-40 under this chapter and in effect applies to the department to the
3-41 exclusion of a civil service system created under another law.
3-42 SECTION 2. This Act takes effect September 1, 1995.
3-43 SECTION 3. The importance of this legislation and the
3-44 crowded condition of the calendars in both houses create an
3-45 emergency and an imperative public necessity that the
3-46 constitutional rule requiring bills to be read on three several
3-47 days in each house be suspended, and this rule is hereby suspended.
3-48 * * * * *