By: Harris S.B. No. 800
A BILL TO BE ENTITLED
AN ACT
1-1 relating to an appeal of a decision made by certain county civil
1-2 service commissions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 158.012, Local Government
1-5 Code, is amended to read as follows:
1-6 (b) An appeal under this section is under the substantial
1-7 evidence rule [by trial de novo], and the judgment of the district
1-8 court is appealable as in other civil cases.
1-9 SECTION 2. Subchapter A, Chapter 158, Local Government Code,
1-10 is amended by adding Sections 158.0121, 158.0122, and 158.0123 to
1-11 read as follows:
1-12 Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In
1-13 an appeal under Section 158.012, the district court may not
1-14 substitute its judgment for the judgment of the commission on the
1-15 weight of the evidence on questions committed to the commission's
1-16 discretion but:
1-17 (1) may affirm the commission's decision in whole or
1-18 in part; and
1-19 (2) shall reverse or remand the case for further
1-20 proceedings if substantial rights of the petitioner have been
1-21 prejudiced because the commission's findings, inferences,
1-22 conclusions, or decisions are:
1-23 (A) in violation of a constitutional or
2-1 statutory provision;
2-2 (B) in excess of the commission's authority;
2-3 (C) made through unlawful procedure;
2-4 (D) affected by other error of law;
2-5 (E) not reasonably supported by substantial
2-6 evidence considering the reliable and probative evidence in the
2-7 record as a whole; or
2-8 (F) arbitrary or capricious, characterized by
2-9 abuse of discretion, or clearly an unwarranted exercise of
2-10 discretion.
2-11 Sec. 158.0122. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL
2-12 EVIDENCE RULE. (a) After service of the petition on the
2-13 commission and within the time permitted for filing an answer or
2-14 within additional time allowed by the court, the commission shall
2-15 send to the reviewing court the original or a certified copy of the
2-16 entire record of the proceeding under review. The record shall be
2-17 filed with the clerk of the court. The record may be shortened by
2-18 stipulation of all parties to the review proceedings. The court
2-19 may assess additional costs against a party who unreasonably
2-20 refuses to stipulate to limit the record, unless the party pays all
2-21 costs of record preparation. The court may require or permit later
2-22 corrections or additions to the record.
2-23 (b) A party may apply to the court to present additional
2-24 evidence. If the court is satisfied that the additional evidence
2-25 is material and that there were good reasons for the failure to
3-1 present it in the proceeding before the commission, the court may
3-2 order that the additional evidence be taken before the commission
3-3 on conditions determined by the court. The commission may change
3-4 its findings and decisions by reason of the additional evidence and
3-5 shall file the additional evidence and any changes, new findings,
3-6 or decisions with the reviewing court.
3-7 (c) The party seeking judicial review shall offer, and the
3-8 reviewing court shall admit, the commission record into evidence as
3-9 an exhibit.
3-10 (d) The court shall conduct the review sitting without a
3-11 jury and is confined to the commission record, except that the
3-12 court may receive evidence of procedural irregularities alleged to
3-13 have occurred before the commission that are not reflected in the
3-14 record.
3-15 Sec. 158.0123. COST OF PREPARING COMMISSION RECORD.
3-16 (a) The commission may require a party who appeals a final
3-17 decision under Section 158.012 to pay one-half of the cost of
3-18 preparation of the original or a certified copy of the record of
3-19 the commission proceeding that is required to be sent to the
3-20 reviewing court.
3-21 (b) A charge imposed under this section is a court cost and
3-22 may be assessed by the court in accordance with the Texas Rules of
3-23 Civil Procedure.
3-24 SECTION 3. Subsection (b), Section 158.037, Local Government
3-25 Code, is amended to read as follows:
4-1 (b) An appeal under this section is under the substantial
4-2 evidence rule [by trial de novo], and the judgment of the district
4-3 court is appealable as in other civil cases.
4-4 SECTION 4. Subchapter B, Chapter 158, Local Government Code,
4-5 is amended by adding Section 158.0371 to read as follows:
4-6 Sec. 158.0371. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.
4-7 (a) The same standards described by Section 158.0121 apply to an
4-8 appeal under Section 158.037.
4-9 (b) The procedures for review under Section 158.037 are the
4-10 same as provided by Section 158.0122.
4-11 (c) The commission may require a party who appeals a
4-12 decision under Section 158.037 to pay the cost of preparing the
4-13 commission record in the same manner provided by Section 158.0123.
4-14 SECTION 5. The changes in law made by this Act apply only to
4-15 an appeal filed on or after the effective date of this Act. An
4-16 appeal filed before the effective date of this Act is governed by
4-17 the law in effect on the date the appeal was filed, and the former
4-18 law is continued in effect for that purpose.
4-19 SECTION 6. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.