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.