By Harris S.B. No. 150
76R3862 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to appeal of certain decisions of a county civil service
1-3 commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 158.012, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 158.012. APPEALS. (a) A county employee who, on a
1-8 final decision by the commission, is demoted, suspended, or removed
1-9 from the employee's position may appeal the decision by filing a
1-10 petition in a district court in the county within 30 days after the
1-11 date of the decision.
1-12 (b) The department may appeal a final decision by the
1-13 commission reinstating a demoted, suspended, or removed employee by
1-14 filing a petition in a district court in the county within 30 days
1-15 after the date of the decision. The department must bring an
1-16 appeal in the name of the county.
1-17 (c) An appeal under this section is under the substantial
1-18 evidence rule, and the judgment of the district court is appealable
1-19 as in other civil cases.
1-20 (d) The district court may, as described by Section
1-21 158.0121, affirm the commission's decision in whole or in part or
1-22 reverse or remand the case for further proceedings. [c] If the
1-23 district court renders judgment for the employee [petitioner], the
1-24 court may order reinstatement of the employee, payment of back pay,
2-1 or other appropriate relief. If the district court renders judgment
2-2 for the department, the court may order that the demotion,
2-3 suspension, or removal from a position is upheld.
2-4 (e) A terminated employee may not be ordered to repay any
2-5 salary received from the county during the pendency of the appeal.
2-6 SECTION 2. Section 158.037, Local Government Code, is
2-7 amended to read as follows:
2-8 Sec. 158.037. APPEALS. (a) An employee who, on a final
2-9 decision by the commission, is demoted, suspended, or removed from
2-10 a position may appeal the decision by filing a petition in a
2-11 district court in the county within 30 days after the date of the
2-12 decision.
2-13 (b) The sheriff may appeal a final decision by the
2-14 commission reinstating a demoted, suspended, or removed employee by
2-15 filing a petition in a district court in the county within 30 days
2-16 after the date of the decision. The sheriff must bring an appeal
2-17 in the name of the county.
2-18 (c) An appeal under this section is under the substantial
2-19 evidence rule, and the judgment of the district court is appealable
2-20 as in other civil cases.
2-21 (d) The district court may, as described by Section
2-22 158.0121, affirm the commission's decision in whole or in part or
2-23 reverse or remand the case for further proceedings. [(c)] If the
2-24 district court renders judgment for the employee [petitioner], the
2-25 court may order reinstatement of the employee, payment of back pay,
2-26 or other appropriate relief. If the district court renders
2-27 judgment for the sheriff, the court may order that the demotion,
3-1 suspension, or removal from a position is upheld.
3-2 (e) A terminated employee may not be ordered to repay any
3-3 salary received from the county during the pendency of the appeal.
3-4 SECTION 3. This Act takes effect September 1, 1999.
3-5 SECTION 4. The changes in law made by this Act apply only to
3-6 a final decision of a civil service commission under Chapter 158,
3-7 Local Government Code, that is made on or after the effective date
3-8 of this Act. A final decision made before the effective date of
3-9 this Act is governed by the law in effect on the date the decision
3-10 was made, and the former law is continued in effect for that
3-11 purpose.
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.