1-1     By:  Gallegos                                         S.B. No. 1786
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; May 7, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     May 7, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1786                   By:  Ellis
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to appeals by terminated sheriff's department employees in
1-11     certain counties to an independent third party hearing examiner.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 158, Local Government Code,
1-14     is amended by adding Section 158.0355 to read as follows:
1-15           Sec. 158.0355.  HEARING EXAMINERS.  (a)  This section applies
1-16     only to a county with a population of 2.8 million or more.
1-17           (b)  A letter of disciplinary action must be issued to an
1-18     employee who is terminated for a violation of a commission rule.
1-19     The letter must state that, in an appeal of the termination, the
1-20     appealing employee may elect to appeal to an independent third
1-21     party hearing examiner instead of to the commission.  The letter
1-22     must also state that if the employee elects to appeal to a hearing
1-23     examiner the person waives all rights to appeal to a district court
1-24     except as provided by Subsection (k).
1-25           (c)  To exercise the choice of appealing to a hearing
1-26     examiner, the appealing employee must submit to the chairman of the
1-27     commission a written request as part of the employee's original
1-28     notice of appeal stating the person's decision to appeal to an
1-29     independent third party hearing examiner.
1-30           (d)  The hearing examiner's decision is final and binding on
1-31     all parties. If the employee decides to appeal to an independent
1-32     third party hearing examiner, the person automatically waives all
1-33     rights to appeal to a district court except as provided by
1-34     Subsection (k).
1-35           (e)  If the appealing employee chooses to appeal to a hearing
1-36     examiner, the employee and the sheriff, or their designees, shall
1-37     first attempt to agree on the selection of an impartial hearing
1-38     examiner.  If the parties do not agree on the selection of a
1-39     hearing examiner on or within 10 days after the date the appeal is
1-40     filed, the chairman of the commission shall immediately request a
1-41     list of seven qualified neutral arbitrators from the American
1-42     Arbitration Association or the Federal Mediation and Conciliation
1-43     Service, or their successors in function.  The employee and the
1-44     sheriff, or their designees, may agree on one of the seven neutral
1-45     arbitrators on the list.  If they do not agree within five working
1-46     days after the date they received the list, each party or the
1-47     party's designee shall alternate striking a name from the list and
1-48     the name remaining is the hearing examiner.  The parties or their
1-49     designees shall agree on a date for the hearing.
1-50           (f)  The appeal hearing shall begin as soon as the hearing
1-51     examiner can be scheduled.  If the hearing examiner cannot begin
1-52     the hearing within 45 calendar days after the date of selection,
1-53     the employee may, within two days after the date the employee
1-54     learns of that fact, call for the selection of a new hearing
1-55     examiner using the procedure prescribed by Subsection (e).
1-56           (g)  In each hearing conducted under this section, the
1-57     hearing examiner has the same duties and powers as the commission.
1-58     The hearing examiner may issue subpoenas.
1-59           (h)  In a hearing conducted under this section, the parties
1-60     may agree to an expedited hearing procedure.  Unless otherwise
1-61     agreed by the parties, in an expedited procedure the hearing
1-62     examiner shall render a decision on the appeal within 10 days after
1-63     the date the hearing ends.
1-64           (i)  In an appeal that does not involve an expedited hearing
 2-1     procedure, the hearing examiner shall make a reasonable effort to
 2-2     render a decision on the appeal within 30 days after the date the
 2-3     hearing ends or the briefs are filed.  The hearing examiner's
 2-4     inability to meet the time requirements imposed by this section
 2-5     does not affect the hearing examiner's jurisdiction, the validity
 2-6     of the disciplinary action, or the hearing examiner's final
 2-7     decision.
 2-8           (j)  The hearing examiner's fees and expenses are shared
 2-9     equally by the appealing employee and by the department.  The costs
2-10     of a witness are paid by the party who calls the witness.
2-11           (k)  A district court may hear an appeal of a hearing
2-12     examiner's award only on the grounds that the hearing examiner was
2-13     without jurisdiction or exceeded the hearing examiner's
2-14     jurisdiction or that the order was procured by fraud, collusion, or
2-15     other unlawful means.  An appeal must be brought in the district
2-16     court having jurisdiction in the county in which the department is
2-17     located.
2-18           SECTION 2.  This Act takes effect September 1, 1999.  Section
2-19     158.0355, Local Government Code, as added by this Act, applies only
2-20     to an appeal of a termination regarding which the terminated
2-21     employee is sent the letter of disciplinary action on or after that
2-22     date.
2-23           SECTION 3.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended.
2-28                                  * * * * *