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.