SRC-ARR S.B. 150 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 150
76R3862 BDH-DBy: Harris
Intergovernmental Relations
2/17/1999
As Filed


DIGEST 

Currently, Texas law allows a county employee who is demoted, suspended, or
removed from the employee's position by a county civil service commission
decision to appeal the decision in a district court. The county employer
involved may not appeal the decision by the commission. S.B.150 provides
civil service counties and a county sheriff's office with the same ability
to appeal a county civil service commission decision as a county employee.

PURPOSE

As proposed, S.B. 150 authorizes the appeal of certain decisions of a
county civil service commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 158.012, Local Government Code, to authorize a
county, district, or precinct office or officer, agency, or board that has
jurisdiction and control of the performance of employees' official duties
(department) to appeal a final decision by  the county civil service
commission (commission) reinstating a demoted, suspended, or removed
employee by filing a petition in a district court in the county within 30
days after the date of the decision.  Requires the department to bring an
appeal in the name of the county.  Authorizes the district court to affirm
the commission's decision in whole or in part or reverse or remand the case
for further proceedings. Establishes that if the district court renders
judgment for the employee, rather than the petitioner, the court may order
reinstatement of the employee, payment of back pay, or other appropriate
relief. Establishes that if the district court renders judgment for the
department, the court may order that the demotion,  suspension, or removal
is upheld.  Prohibits a terminated employee from being ordered to repay any
salary received from the county during the pendency of the appeal. Makes
conforming changes.  

SECTION 2. Amends Section 158.037, Local Government Code,  to authorize the
sheriff to appeal a final decision by the commission reinstating a demoted,
suspended, or removed employee by filing a petition in a district court in
the county within 30 days after the date of the decision.  Requires the
sheriff to bring an appeal in the name of the county. Provides that if the
district court renders judgement for the sheriff, the court may order that
the demotion, suspension, or removal from the position be upheld.  Makes
conforming changes. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Emergency clause.