By Hamric                                             H.B. No. 1774
         76R3318 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to appeal of certain decisions of a sheriff's department
 1-3     civil service commission.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 158.037, Local Government Code, is
 1-6     amended to read as follows:
 1-7           Sec. 158.037.  APPEALS.  (a)  An employee who, on a final
 1-8     decision by the commission, is demoted, suspended, or removed from
 1-9     a position may appeal the decision by filing a petition in a
1-10     district court in the county within 30 days after the date of the
1-11     decision.  The sheriff may appeal a final decision by the
1-12     commission in any case involving  demotion, removal from a
1-13     position, indefinite suspension, or recovery of back pay by filing
1-14     a petition in a district court in the county within 30 days after
1-15     the date of the decision.
1-16           (b)  An appeal under this section is under the substantial
1-17     evidence rule, and the judgment of the district court is appealable
1-18     as in other civil cases.  The filing of an appeal by the sheriff of
1-19     a commission decision ordering the recovery of back pay vacates the
1-20     portion of the commission decision ordering the recovery of back
1-21     pay but does not affect the enforcement of any other portion of the
1-22     decision.
1-23           (c)  The district court may, as described by Section
1-24     158.0121, affirm the commission's decision in whole or in part or
 2-1     reverse or remand the case for further proceedings. If the district
 2-2     court renders judgment for the employee [petitioner], the court may
 2-3     order reinstatement of the employee, payment of back  pay, or other
 2-4     appropriate relief.  If the district court renders judgment for the
 2-5     sheriff, the court may order that the demotion, removal from a
 2-6     position, or indefinite suspension is upheld and deny recovery of
 2-7     back pay.
 2-8           SECTION 2.  This Act takes effect September 1, 1999, and
 2-9     applies only to a final decision that is made on or after the
2-10     effective date of this Act by a sheriff's department civil service
2-11     commission created under Subchapter B, Chapter 158, Local
2-12     Government Code.  A final decision that is made by a sheriff's
2-13     department civil service commission before the effective date of
2-14     this Act is governed by the law as it existed immediately before
2-15     the effective date of this Act, and that law is continued in
2-16     existence for that purpose.
2-17           SECTION 3.  The importance of this legislation and the
2-18     crowded condition of the calendars in both houses create an
2-19     emergency and an imperative public necessity that the
2-20     constitutional rule requiring bills to be read on three several
2-21     days in each house be suspended, and this rule is hereby suspended.