By:  Gallegos                                         S.B. No. 1786
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to an independent third party hearing examiner to hear
 1-2     appeals involving termination cases of employees of certain
 1-3     counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 158, Local Government Code, is amended by
 1-6     adding Section 158.0371 to read as follows:
 1-7                Sec. 158.0371 Hearing Examiners.  (a)  In a county of
 1-8     2.8 million or more, the letter of disciplinary action issued to an
 1-9     employee must state that in an appeal of a termination, the
1-10     appealing employee may elect to appeal to an independent third
1-11     party hearing examiner instead of to the commission.  the later
1-12     must also state that if the employee elects to appeal to an
1-13     independent third party hearing examiner, the person waives all
1-14     rights to appeal to district court except as provided by Subsection
1-15     (j).
1-16           (b)  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 original notice of
1-19     appeal stating that the person's decision to appeal to an
1-20     independent third party hearing examiner.
1-21           (c)  The hearing examiner's decision is final and binding on
1-22     al parties.  If the employee decides to appeal to and independent
 2-1     third party hearing examiner, the person automatically waives all
 2-2     rights to appeal to a district court except as provided by
 2-3     Subsection (j).
 2-4           (d)  If the appealing employee chooses to appeal to a hearing
 2-5     examiner, the employee, the sheriff, or their designees, shall
 2-6     first attempt to agree on the selection of an impartial hearing
 2-7     examiner.  If the parties do not agree on the selection of a
 2-8     hearing examiner on or within 10 days after the date the appeal is
 2-9     filed, the chairman of the commission shall immediately request a
2-10     list of seven qualified neutral arbitrators from the American
2-11     Arbitration or the Federal Mediation and Conciliation Service, or
2-12     their succors in function.  The employee, sheriff, or their
2-13     designees, may agree on one of the seven neutral arbitrators on the
2-14     list.  If they do not agree within five working days after the date
2-15     they received the list, each party or the party's designee shall
2-16     alternate striking a name from the list and the name remaining
2-17     shall agree on a date for the hearing.
2-18           (e)  The appeal hearing shall begin as soon as the hearing
2-19     examiner can be scheduled.  If the hearing examiner cannot begin
2-20     within 45 calendar days, after the date of selection, the employee
2-21     may within two days after learning of the fact, call for the
2-22     selection of a new hearing examiner using the procedure prescribed
2-23     by Subsection (d).
2-24           (f)  In each hearing conducted under this section, the
2-25     hearing examiner has the same duties and powers as the commission,
2-26     including the right to issue subpoenas.
 3-1           (g)  In a hearing conducted under this section, the hearing
 3-2     examiner has the same duties and powers as the commission,
 3-3     including the right to issue subpoenas.
 3-4           (g)  In a hearing conducted under this section, the parties
 3-5     may agree to an expedited hearing procedure.  Unless otherwise
 3-6     agreed by the parties, in an expedited procedure the hearing
 3-7     examiner shall render a decision on the appeal within 10 days after
 3-8     the date the hearing ended.
 3-9           (h)  In an appeal that does not involve an expedited hearing
3-10     procedure, the hearing examiner shall make a reasonable effort to
3-11     render a decision on the appeal within 30 days after the date the
3-12     hearing ends or the briefs are filed.  The hearing examiner's
3-13     inability to meet the time requirements imposed by this section
3-14     does not affect the hearing examiner's jurisdiction, the validity
3-15     of the disciplinary action, or the hearing examiner's final
3-16     decision.
3-17           (i)  The hearing examiner's fees and expenses are shared
3-18     equally, by the appealing employee and by the sheriff's department.
3-19     The costs of a witness are paid by the party who calls the witness.
3-20           (j)  A district court may hear an appeal of a hearing
3-21     examiner's award only on the grounds that the arbitration panel was
3-22     without jurisdiction or exceeded its jurisdiction or that the order
3-23     was procured by fraud, collusion, or other unlawful means.  An
3-24     appeal must be brought in the district court having jurisdiction in
3-25     the municipality in which the sheriff's department is located.
3-26           SECTION 2.  This Act takes effect September 1, 1999.
 4-1           SECTION 3.  The importance of this legislation and the
 4-2     crowded condition of the calendars in both houses create an
 4-3     emergency and an imperative public necessity that the
 4-4     constitutional rule requiring bills to be read on three several
 4-5     days in each house be suspended, and this rule is hereby suspended.