By Yarbrough H.B. No. 2205
75R6920 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to civil service systems for constables' offices in
1-3 certain counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 158, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. CONSTABLE'S OFFICE CIVIL SERVICE SYSTEM
1-8 Sec. 158.061. APPLICABILITY. The employees of a constable's
1-9 office in a county with a population of 2.8 million or more may, in
1-10 accordance with this subchapter, create a civil service system for
1-11 that individual constable's office.
1-12 Sec. 158.062. DEFINITIONS. In this subchapter:
1-13 (1) "Commission" means an office's civil service
1-14 commission that is established to oversee and enforce this
1-15 subchapter for the office.
1-16 (2) "Employee" means an employee of a constable's
1-17 office. The term includes a deputy constable.
1-18 (3) "Office" means the constable's office.
1-19 Sec. 158.063. PETITION AND ELECTION. (a) If at least 20
1-20 percent of the employees of an eligible office under this
1-21 subchapter sign a petition requesting an election under this
1-22 section and present the petition to the county judge of the
1-23 employing county, the judge shall order an office election on the
1-24 question of the creation of a civil service system for the office.
2-1 (b) The county judge shall hold the election after the 15th
2-2 day but on or before the 45th day after the date the petition is
2-3 submitted. The election must be by secret ballot and each employee
2-4 is entitled to vote at the election.
2-5 (c) The ballots for the election shall be printed to provide
2-6 for voting for or against the proposition: "Creation of a civil
2-7 service system."
2-8 (d) The county judge shall canvass the votes and declare the
2-9 result.
2-10 Sec. 158.064. APPOINTMENT OF COMMISSION. (a) If a majority
2-11 of the employees voting at the election approve the creation of a
2-12 civil service system for the office, the constable, commissioners
2-13 court, and district attorney shall each appoint one person to serve
2-14 as a member of the civil service commission that administers the
2-15 system. The constable shall designate one of the members as
2-16 presiding officer of the commission.
2-17 (b) Each member of the commission is appointed for a term of
2-18 two years. One of the initial members of the commission shall
2-19 serve an initial term of one year to be determined by the initial
2-20 members by lot.
2-21 (c) The appointing authority that appointed a member of the
2-22 commission whose position becomes vacant shall appoint a person to
2-23 serve the unexpired part of the member's term.
2-24 (d) To be eligible for appointment to the commission, a
2-25 person must:
2-26 (1) be at least 25 years old; and
2-27 (2) have resided in the county for the three years
3-1 immediately preceding the date on which the person's term will
3-2 begin.
3-3 Sec. 158.065. POWERS OF COMMISSION. (a) The commission
3-4 shall adopt, publish, and enforce rules regarding:
3-5 (1) selection and classification of employees;
3-6 (2) competitive examinations;
3-7 (3) promotions, seniority, and tenure;
3-8 (4) layoffs and dismissals;
3-9 (5) disciplinary actions;
3-10 (6) grievance procedures; and
3-11 (7) other matters relating to the selection of
3-12 employees and the procedural and substantive rights, advancement,
3-13 benefits, and working conditions of employees.
3-14 (b) The commission may adopt or use as a guide any civil
3-15 service law or rule of the United States, this state, or a
3-16 political subdivision in this state to the extent that the law or
3-17 rule promotes the purposes of this subchapter and is consistent
3-18 with this subchapter and the needs and circumstances of the office.
3-19 The commission's rules shall provide that an affected employee may
3-20 appeal to the commission a disciplinary action, promotional
3-21 passover, or dismissal from the office, and that the office must
3-22 notify an employee by letter of a disciplinary action, promotional
3-23 passover, or dismissal from the office.
3-24 Sec. 158.066. COMPENSATION AND STAFF. The members of the
3-25 commission serve without compensation, but the commissioners court
3-26 shall reimburse each member for actual and necessary expenses
3-27 incurred in performing the member's duties. The commissioners
4-1 court shall provide the commission with adequate office space and
4-2 sufficient funds to employ an adequate staff and to purchase
4-3 necessary supplies and equipment.
4-4 Sec. 158.067. APPEALS TO CONSTABLE. (a) An employee who is
4-5 the subject of a disciplinary action has the right to appeal that
4-6 decision to the constable not later than the 10th day after the
4-7 date the disciplinary action occurred.
4-8 (b) The appeal to the constable must be written and must
4-9 state the basis for the appeal.
4-10 (c) The constable must conduct any investigation or hearing
4-11 and issue a written decision on the employee's appeal during the
4-12 10-day period after the date the constable receives the employee's
4-13 written appeal.
4-14 (d) If a hearing is held, the employee has the right to:
4-15 (1) be represented by counsel or another person the
4-16 employee chooses;
4-17 (2) appear personally;
4-18 (3) call witnesses; and
4-19 (4) present evidence.
4-20 (e) The constable may modify the disciplinary action if the
4-21 constable finds that the charges are not supported by the facts.
4-22 Sec. 158.068. COMMISSION APPEAL PROCEDURE. (a) Except as
4-23 otherwise provided by this subchapter, to appeal to the commission
4-24 a decision of the constable under Section 158.067 for which an
4-25 appeal or review is provided under this subchapter, the employee
4-26 need only file a written appeal with the commission not later than
4-27 the 10th day after the date of the constable's written decision.
5-1 (b) The appeal must include a description of the grounds for
5-2 the appeal and a request for a commission hearing. The appeal must
5-3 also contain a statement denying the truth of the charge as made, a
5-4 statement taking exception to the legal sufficiency of the charge,
5-5 a statement alleging that the recommended action does not fit the
5-6 offense or alleged offense, or a combination of these statements.
5-7 (c) The commission must conduct any investigation and
5-8 commence a hearing during the 15-day period after the date the
5-9 commission receives the employee's written appeal. The period may
5-10 be extended for good cause.
5-11 (d) In each hearing, appeal, or review of any kind in which
5-12 the commission performs an adjudicatory function, the affected
5-13 employee is entitled to be represented by counsel or by another
5-14 person the employee chooses. Each commission proceeding shall be
5-15 held in public.
5-16 (e) The commission may administer oaths and may issue
5-17 subpoenas and subpoenas duces tecum for the attendance of witnesses
5-18 and for the production of documentary material.
5-19 (f) The affected employee may request the commission to
5-20 subpoena any books, records, documents, papers, accounts, or
5-21 witnesses that the employee considers pertinent to the case. The
5-22 employee must make the request before the 10th day before the date
5-23 the commission hearing will be held. If the commission does not
5-24 subpoena the material, the commission shall, before the third day
5-25 before the date the hearing will be held, make a written report to
5-26 the employee stating the reason it will not subpoena the requested
5-27 material. This report shall be read into the public record of the
6-1 commission hearing.
6-2 (g) Witnesses may be placed under the rule at the commission
6-3 hearing.
6-4 (h) The commission shall conduct the hearing fairly and
6-5 impartially as prescribed by this subchapter and shall render a
6-6 just and fair decision in writing not later than the fifth day
6-7 after the date the hearing ends. The commission may consider only
6-8 the evidence submitted at the hearing.
6-9 (i) In its decision, the commission may:
6-10 (1) affirm the constable's disciplinary action;
6-11 (2) modify the disciplinary action as appropriate; or
6-12 (3) grant the relief requested by the employee and
6-13 reinstate the employee in the job assignment the employee held
6-14 prior to the disciplinary action without loss of compensation or
6-15 benefits.
6-16 (j) The commission shall maintain a public record of each
6-17 proceeding with copies available at cost.
6-18 Sec. 158.069. APPEAL OF COMMISSION DECISION. (a) An
6-19 employee who, on a final decision by the commission, is demoted,
6-20 suspended, or removed from a position may appeal the decision by
6-21 filing a petition in a district court in the county not later than
6-22 the 30th day after the date of the decision.
6-23 (b) An appeal under this section is by trial de novo, and
6-24 the judgment of the district court is appealable as in other civil
6-25 cases.
6-26 (c) If the district court renders judgment for the
6-27 petitioner, the court may order reinstatement of the employee,
7-1 payment of back pay, or other appropriate relief.
7-2 Sec. 158.070. EX PARTE COMMUNICATIONS. (a) While any
7-3 matter subject to a hearing under this subchapter is pending, a
7-4 person may not, except by giving sworn testimony at the hearing, by
7-5 written briefs or written motions in the case that are also served
7-6 on the opposing party, or as otherwise provided by law, communicate
7-7 with the commission regarding the facts of the matter under
7-8 consideration unless the other party or the party's representative
7-9 is present.
7-10 (b) If the commission or a court determines that a person
7-11 has violated Subsection (a) on behalf of and with the knowledge of
7-12 the employee who filed the appeal or request for a review, the
7-13 appeal or review shall be dismissed. If the commission or a court
7-14 determines that a person violated Subsection (a) on behalf of or in
7-15 favor of the constable or the constable's representative, the
7-16 position of the employee that filed the appeal or request for a
7-17 review shall be upheld.
7-18 Sec. 158.071. PROCEDURES AFTER FELONY INDICTMENT OR
7-19 MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a
7-20 felony or officially charged with the commission of a Class A or B
7-21 misdemeanor, the constable may temporarily suspend the person with
7-22 or without pay for a period not to exceed 30 days after the date of
7-23 final disposition of the specified felony indictment or misdemeanor
7-24 complaint.
7-25 (b) The constable shall notify the suspended employee in
7-26 writing that the person is being temporarily suspended for a
7-27 specific period with or without pay and that the temporary
8-1 suspension is not intended to reflect an opinion on the merits of
8-2 the indictment or complaint.
8-3 (c) An employee indicted for a felony or officially charged
8-4 with the commission of a Class A or B misdemeanor who has also been
8-5 charged by the constable with a civil service rule violation
8-6 directly related to the indictment or complaint may delay the civil
8-7 service hearing for not more than 30 days after the date of the
8-8 final disposition of the indictment or complaint.
8-9 (d) If the constable temporarily suspends an employee under
8-10 this section and the employee is not found guilty of the indictment
8-11 or complaint in a court, the employee may appeal to the commission
8-12 for recovery of back pay. The commission may:
8-13 (1) award all or part of the back pay; or
8-14 (2) affirm or modify the decision of the constable.
8-15 (e) Acquittal or dismissal of an indictment or a complaint
8-16 does not mean that an employee has not violated a civil service
8-17 rule and does not negate the charges that may have been or may be
8-18 brought against the employee by the constable.
8-19 (f) Conviction of a felony is cause for dismissal, and
8-20 conviction of a Class A or B misdemeanor may be cause for
8-21 disciplinary action or dismissal.
8-22 Sec. 158.072. EXEMPTIONS. (a) A person who is an employee
8-23 of an office on the date that a civil service system is adopted
8-24 under this subchapter may not be required to take a competitive
8-25 examination or perform any other act under this subchapter to
8-26 maintain the person's employment.
8-27 (b) The constable may designate as exempt from the civil
9-1 service system:
9-2 (1) the position of chief deputy or assistant;
9-3 (2) one or more positions in the office of the
9-4 constable's legal counsel; and
9-5 (3) additional positions in the office, in a number to
9-6 be determined by the commission but not to exceed five, that the
9-7 civil service commission has determined to be administrative or
9-8 supervisory positions. The constable may not designate as exempt
9-9 any position classified as captain or below. The designation of
9-10 additional exempt positions by the constable does not diminish the
9-11 number of positions within the classification of captain or below.
9-12 (c) At the time a new constable takes office, an employee
9-13 holding an exempt position under Subsection (b) may be transferred
9-14 to the nonexempt position held by the employee immediately before
9-15 being promoted to an exempt position. A person who was not a
9-16 deputy constable in the office when appointed to an exempt position
9-17 may be transferred only to an entry level position in accordance
9-18 with the system's civil service rules.
9-19 Sec. 158.073. DISSOLUTION OF SYSTEM. (a) If, after a civil
9-20 service system under this subchapter has been in effect in an
9-21 office for at least one year, 20 percent of the employees of the
9-22 office petition the county judge to dissolve the system, the judge
9-23 shall order an election in the office on the question of the
9-24 dissolution of the civil service system for the office.
9-25 (b) The county judge shall hold the election after the 15th
9-26 day but on or before the 45th day after the date the petition is
9-27 submitted. The election must be by secret ballot and each employee
10-1 is entitled to vote at the election.
10-2 (c) The ballots for the election shall be printed to provide
10-3 for voting for or against the proposition: "Dissolution of the
10-4 civil service system."
10-5 (d) The county judge shall canvass the votes and declare the
10-6 result.
10-7 (e) If the proposition is approved by a majority of the
10-8 employees voting at the election, the county judge shall declare
10-9 the office's civil service system dissolved.
10-10 Sec. 158.074. EXCLUSIVITY. A civil service system created
10-11 under this subchapter and in effect applies to the office to the
10-12 exclusion of a civil service system in that county created under
10-13 Subchapter A or another law.
10-14 SECTION 2. The change in law made by Section 158.071, Local
10-15 Government Code, as added by this Act, applies only to an employee
10-16 who is indicted for a felony, charged with the commission of a
10-17 Class A or B misdemeanor, or charged with the violation of a civil
10-18 service rule based on an act classified as a felony or a Class A or
10-19 B misdemeanor on or after the effective date of this Act. An
10-20 employee who is indicted for a felony, charged with a Class A or B
10-21 misdemeanor, or charged with the violation of a civil service rule
10-22 based on an act classified as a felony or a Class A or B
10-23 misdemeanor before that date is covered by the law in effect when
10-24 the employee was indicted or charged, and the former law is
10-25 continued in effect for that purpose.
10-26 SECTION 3. This Act takes effect September 1, 1997.
10-27 SECTION 4. The importance of this legislation and the
11-1 crowded condition of the calendars in both houses create an
11-2 emergency and an imperative public necessity that the
11-3 constitutional rule requiring bills to be read on three several
11-4 days in each house be suspended, and this rule is hereby suspended.