By Harris                                        S.B. No. 800

      75R7375 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to an appeal of a decision made by certain county civil

 1-3     service commissions.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 158.012(b), Local Government Code, is

 1-6     amended to read as follows:

 1-7           (b)  An appeal under this section is under the substantial

 1-8     evidence rule [by trial de novo], and the judgment of the district

 1-9     court is appealable as in other civil cases.

1-10           SECTION 2.  Subchapter A, Chapter 158, Local Government Code,

1-11     is amended by adding Sections 158.0121, 158.0122, and 158.0123 to

1-12     read as follows:

1-13           Sec. 158.0121.  REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.  In

1-14     an appeal under Section 158.012, the district court may not

1-15     substitute its judgment for the judgment of the commission on the

1-16     weight of the evidence on questions committed to the commission's

1-17     discretion but:

1-18                 (1)  may affirm the commission's decision in whole or

1-19     in part; and

1-20                 (2)  shall reverse or remand the case for further

1-21     proceedings if substantial rights of the petitioner have been

1-22     prejudiced because the commission's findings, inferences,

1-23     conclusions, or decisions are:

1-24                       (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

2-26     present it in the proceeding before the commission, the court may

2-27     order that the additional evidence be taken before the commission

 3-1     on conditions determined by the court.  The commission may change

 3-2     its findings and decisions by reason of the additional evidence and

 3-3     shall file the additional evidence and any changes, new findings,

 3-4     or decisions with the reviewing court.

 3-5           (c)  The party seeking judicial review shall offer, and the

 3-6     reviewing court shall admit, the commission record into evidence as

 3-7     an exhibit.

 3-8           (d)  The court shall conduct the review sitting without a

 3-9     jury and is confined to the commission record, except that the

3-10     court may receive evidence of procedural irregularities alleged to

3-11     have occurred before the commission that are not reflected in the

3-12     record.

3-13           Sec. 158.0123.  COST OF PREPARING COMMISSION RECORD.  (a)

3-14     The commission may require a party who appeals a final decision

3-15     under Section 158.012 to pay one-half of the cost of preparation of

3-16     the original or a certified copy of the record of the commission

3-17     proceeding that is required to be sent to the reviewing court.

3-18           (b)  A charge imposed under this section is a court cost and

3-19     may be assessed by the court in accordance with the Texas Rules of

3-20     Civil Procedure.

3-21           SECTION 3.  Section 158.037(b), Local Government Code, is

3-22     amended to read as follows:

3-23           (b)  An appeal under this section is under the substantial

3-24     evidence rule [by trial de novo], and the judgment of the district

3-25     court is appealable as in other civil cases.

3-26           SECTION 4.  Subchapter B, Chapter 158, Local Government Code,

3-27     is amended by adding Section 158.0371 to read as follows:

 4-1           Sec. 158.0371.  REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.

 4-2     (a)  The same standards described by Section 158.0121 apply to an

 4-3     appeal under Section 158.037.

 4-4           (b)  The procedures for review under Section 158.037 are the

 4-5     same as provided by Section 158.0122.

 4-6           (c)  The commission may require a party who appeals a

 4-7     decision under Section 158.037 to pay the cost of preparing the

 4-8     commission record in the same manner provided by Section 158.0123.

 4-9           SECTION 5.  The changes in law made by this Act apply only to

4-10     an appeal filed on or after the effective date of this Act.  An

4-11     appeal filed before the effective date of this Act is governed by

4-12     the law in effect on the date the appeal was filed, and the former

4-13     law is continued in effect for that purpose.

4-14           SECTION 6.  The importance of this legislation and the

4-15     crowded condition of the calendars in both houses create an

4-16     emergency and an imperative public necessity that the

4-17     constitutional rule requiring bills to be read on three several

4-18     days in each house be suspended, and this rule is hereby suspended.