SRC-JEC C.S.S.B. 1780 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1780
77R11507  YDB-FBy: Lindsay
Intergovernmental Relations
4/12/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, an employee of a sheriff's department who is demoted, suspended,
or removed from a position on a final decision by the commission
administering the sheriff's department civil service system may appeal the
decision through a district court.  However, a sheriff does not have the
authority to appeal such a decision regarding a sheriff's department
employee.  C.S.S.B. 1780 grants a sheriff the right to appeal to a district
court a final decision by a commission that reverses or modifies an
employee's demotion, suspension, or renewal. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 158.037(a) and (c), Local Government Code, as
follows: 

(a)  Authorizes a sheriff to appeal a final commission decision that
reverses or modifies an employee's demotion, suspension, or removal by
filing a petition in a district court in the county within 30 days after
the date of the decision. 

(c) Requires a district court, if it renders judgment for the sheriff, to
reverse the decision of the commission and affirm the decision of the
sheriff. 

SECTION 2.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 1780 to provide that the sheriff may only
appeal a final decision of the commission. 

SECTION 2.  Amends As Filed S.B. 1780 to provide an effective date.