By:  Gallegos                                         S.B. No. 1786
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to appeals by terminated sheriff's department employees in
 1-2     certain counties to an independent third party hearing examiner.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter B, Chapter 158, Local Government Code,
 1-5     is amended by adding Section 158.0355 to read as follows:
 1-6           Sec. 158.0355.  HEARING EXAMINERS.  (a)  This section applies
 1-7     only to a county with a population of 2.8 million or more.
 1-8           (b)  A letter of disciplinary action must be issued to an
 1-9     employee who is terminated for a violation of a commission rule.
1-10     The letter must state that, in an appeal of the termination, the
1-11     appealing employee may elect to appeal to an independent third
1-12     party hearing examiner instead of to the commission.  The letter
1-13     must also state that if the employee elects to appeal to a hearing
1-14     examiner the person waives all rights to appeal to a district court
1-15     except as provided by Subsection (k).
1-16           (c)  To exercise the choice of appealing to a hearing
1-17     examiner, the appealing employee must submit to the chairman of the
1-18     commission a written request as part of the employee's original
1-19     notice of appeal stating the person's decision to appeal to an
1-20     independent third party hearing examiner.
1-21           (d)  The hearing examiner's decision is final and binding on
1-22     all parties. If the employee decides to appeal to an independent
1-23     third party hearing examiner, the person automatically waives all
1-24     rights to appeal to a district court except as provided by
 2-1     Subsection (k).
 2-2           (e)  If the appealing employee chooses to appeal to a hearing
 2-3     examiner, the employee and the sheriff, or their designees, shall
 2-4     first attempt to agree on the selection of an impartial hearing
 2-5     examiner.  If the parties do not agree on the selection of a
 2-6     hearing examiner on or within 10 days after the date the appeal is
 2-7     filed, the chairman of the commission shall immediately request a
 2-8     list of seven qualified neutral arbitrators from the American
 2-9     Arbitration Association or the Federal Mediation and Conciliation
2-10     Service, or their successors in function.  The employee and the
2-11     sheriff, or their designees, may agree on one of the seven neutral
2-12     arbitrators on the list.  If they do not agree within five working
2-13     days after the date they received the list, each party or the
2-14     party's designee shall alternate striking a name from the list and
2-15     the name remaining is the hearing examiner.  The parties or their
2-16     designees shall agree on a date for the hearing.
2-17           (f)  The appeal hearing shall begin as soon as the hearing
2-18     examiner can be scheduled.  If the hearing examiner cannot begin
2-19     the hearing within 45 calendar days after the date of selection,
2-20     the employee may, within two days after the date the employee
2-21     learns of that fact, call for the selection of a new hearing
2-22     examiner using the procedure prescribed by Subsection (e).
2-23           (g)  In each hearing conducted under this section, the
2-24     hearing examiner has the same duties and powers as the commission.
2-25     The hearing examiner may issue subpoenas.
2-26           (h)  In a hearing conducted under this section, the parties
 3-1     may agree to an expedited hearing procedure.  Unless otherwise
 3-2     agreed by the parties, in an expedited procedure the hearing
 3-3     examiner shall render a decision on the appeal within 10 days after
 3-4     the date the hearing ends.
 3-5           (i)  In an appeal that does not involve an expedited hearing
 3-6     procedure, the hearing examiner shall make a reasonable effort to
 3-7     render a decision on the appeal within 30 days after the date the
 3-8     hearing ends or the briefs are filed.  The hearing examiner's
 3-9     inability to meet the time requirements imposed by this section
3-10     does not affect the hearing examiner's jurisdiction, the validity
3-11     of the disciplinary action, or the hearing examiner's final
3-12     decision.
3-13           (j)  The hearing examiner's fees and expenses are shared
3-14     equally by the appealing employee and by the department.  The costs
3-15     of a witness are paid by the party who calls the witness.
3-16           (k)  A district court may hear an appeal of a hearing
3-17     examiner's award only on the grounds that the hearing examiner was
3-18     without jurisdiction or exceeded the hearing examiner's
3-19     jurisdiction or that the order was procured by fraud, collusion, or
3-20     other unlawful means.  An appeal must be brought in the district
3-21     court having jurisdiction in the county in which the department is
3-22     located.
3-23           SECTION 2.  This Act takes effect September 1, 1999.  Section
3-24     158.0355, Local Government Code, as added by this Act, applies only
3-25     to an appeal of a termination regarding which the terminated
3-26     employee is sent the letter of disciplinary action on or after that
 4-1     date.
 4-2           SECTION 3.  The importance of this legislation and the
 4-3     crowded condition of the calendars in both houses create an
 4-4     emergency and an imperative public necessity that the
 4-5     constitutional rule requiring bills to be read on three several
 4-6     days in each house be suspended, and this rule is hereby suspended.