By Gallegos S.B. No. 1256
77R4696 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to civil service systems for constables' offices in
1-3 certain 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 Subchapter C to read as follows:
1-7 SUBCHAPTER C. CONSTABLE'S OFFICE CIVIL SERVICE SYSTEM
1-8 Sec. 158.061. APPLICABILITY. The employees of a constable's
1-9 office in a county with a population of 2.8 million or more may, in
1-10 accordance with this subchapter, create a civil service system for
1-11 that individual constable's office.
1-12 Sec. 158.062. DEFINITIONS. In this subchapter:
1-13 (1) "Commission" means a civil service commission that
1-14 is established to oversee and enforce this subchapter for a
1-15 constable's office.
1-16 (2) "Employee" means an employee of a constable's
1-17 office, including a deputy constable.
1-18 (3) "Office" means the constable's office.
1-19 Sec. 158.063. PETITION AND ELECTION. (a) If at least 20
1-20 percent of the employees of an office eligible under this
1-21 subchapter sign a petition requesting an election under this
1-22 section and present the petition to the county judge, the judge
1-23 shall order an election within the office on the question of the
1-24 creation of a civil service system for the office.
2-1 (b) The county judge shall hold the election after the 15th
2-2 day but before the 46th day after the date the petition is
2-3 submitted. The election must be by secret ballot and each employee
2-4 of the office is entitled to vote at the election.
2-5 (c) The ballots for the election shall be printed to provide
2-6 for voting for or against the proposition: "Creation of a civil
2-7 service system."
2-8 (d) The county judge shall canvass the votes and declare the
2-9 result.
2-10 Sec. 158.064. APPOINTMENT OF COMMISSION. (a) If a majority
2-11 of the employees voting at the election approve the creation of a
2-12 civil service system for the office, the constable, commissioners
2-13 court, and district attorney shall each appoint one person to serve
2-14 as a member of the civil service commission that administers the
2-15 system. The constable shall designate one of the members as
2-16 presiding officer of the commission.
2-17 (b) Each member of the commission is appointed for a term of
2-18 two years. One of the initial members of the commission shall
2-19 serve an initial term of one year to be determined by the initial
2-20 members by lot.
2-21 (c) The appointing authority under Subsection (a) that
2-22 appointed a member of the commission whose position becomes vacant
2-23 shall appoint a person to serve the unexpired part of the member's
2-24 term.
2-25 (d) To be eligible for appointment to the commission, a
2-26 person must:
2-27 (1) be at least 25 years old; and
3-1 (2) have resided in the county for the three years
3-2 immediately preceding the date on which the person's term will
3-3 begin.
3-4 Sec. 158.065. POWERS OF COMMISSION. (a) The commission
3-5 shall adopt, publish, and enforce rules regarding:
3-6 (1) selection and classification of employees;
3-7 (2) competitive examinations;
3-8 (3) promotions, seniority, and tenure;
3-9 (4) layoffs and dismissals;
3-10 (5) disciplinary actions;
3-11 (6) grievance procedures; and
3-12 (7) other matters relating to the selection of
3-13 employees and the procedural and substantive rights, advancement,
3-14 benefits, and working conditions of employees.
3-15 (b) The commission may adopt or use as a guide any civil
3-16 service law or rule of the United States, this state, or a
3-17 political subdivision in this state to the extent that the law or
3-18 rule promotes the purposes of this subchapter and is consistent
3-19 with this subchapter and the needs and circumstances of the office.
3-20 (c) The commission's rules shall provide that:
3-21 (1) an affected employee may appeal to the commission
3-22 a disciplinary action, promotional passover, or dismissal from the
3-23 office; and
3-24 (2) the office must notify an employee by letter of a
3-25 disciplinary action, promotional passover, or dismissal from the
3-26 office.
3-27 Sec. 158.066. COMPENSATION AND STAFF. The members of the
4-1 commission serve without compensation, but the commissioners court
4-2 shall reimburse each member for actual and necessary expenses
4-3 incurred in performing the member's duties. The commissioners
4-4 court shall provide the commission with adequate office space and
4-5 sufficient money to employ an adequate staff and to purchase
4-6 necessary supplies and equipment.
4-7 Sec. 158.067. APPEALS TO CONSTABLE. (a) An employee who is
4-8 the subject of a disciplinary action has the right to appeal that
4-9 decision to the constable not later than the 10th day after the
4-10 date the disciplinary action occurred.
4-11 (b) The appeal to the constable must be written and must
4-12 state the basis for the appeal.
4-13 (c) The constable must conduct any investigation or hearing
4-14 and issue a written decision on the employee's appeal during the
4-15 10-day period after the date the constable receives the employee's
4-16 written appeal.
4-17 (d) If a hearing is held, the employee has the right to:
4-18 (1) be represented by counsel or another person the
4-19 employee chooses;
4-20 (2) appear personally;
4-21 (3) call witnesses; and
4-22 (4) present evidence.
4-23 (e) The constable may modify the disciplinary action if the
4-24 constable finds that the charges are not supported by the facts.
4-25 Sec. 158.068. COMMISSION APPEAL PROCEDURE. (a) Except as
4-26 otherwise provided by this subchapter, an employee may appeal to
4-27 the commission a decision of the constable under Section 158.067
5-1 for which an appeal or review is provided under this subchapter. An
5-2 employee initiates an appeal by filing a written appeal with the
5-3 commission not later than the 10th day after the date of the
5-4 constable's written decision.
5-5 (b) The written appeal must include a description of the
5-6 grounds for the appeal and a request for a commission hearing. The
5-7 appeal must also contain:
5-8 (1) a statement denying the truth of the charge as
5-9 made;
5-10 (2) a statement taking exception to the legal
5-11 sufficiency of the charge;
5-12 (3) a statement alleging that the recommended action
5-13 does not fit the offense or alleged offense; or
5-14 (4) a combination of these statements.
5-15 (c) The commission must conduct any investigation and
5-16 commence a hearing during the 15-day period after the date the
5-17 commission receives the employee's written appeal. The period may
5-18 be extended for good cause.
5-19 (d) In each hearing, appeal, or review of any kind in which
5-20 the commission performs an adjudicatory function, the affected
5-21 employee is entitled to be represented by counsel or by another
5-22 person the employee chooses. Each commission proceeding shall be
5-23 held in public.
5-24 (e) The commission may administer oaths and may issue
5-25 subpoenas and subpoenas duces tecum for the attendance of witnesses
5-26 and for the production of documentary material.
5-27 (f) The affected employee may request the commission to
6-1 subpoena any books, records, documents, papers, accounts, or
6-2 witnesses the employee considers pertinent to the case. The
6-3 employee must make the request before the 10th day before the date
6-4 the commission hearing will be held. If the commission does not
6-5 subpoena the material, the commission shall, before the third day
6-6 before the date the hearing will be held, make a written report to
6-7 the employee stating the reason it will not subpoena the requested
6-8 material. This report shall be read into the public record of the
6-9 commission hearing.
6-10 (g) Witnesses may be placed under the rule at the commission
6-11 hearing.
6-12 (h) The commission shall conduct the hearing fairly and
6-13 impartially as prescribed by this subchapter and shall render a
6-14 just and fair decision in writing not later than the fifth day
6-15 after the date the hearing ends. The commission may consider only
6-16 the evidence submitted at the hearing.
6-17 (i) In its decision, the commission may:
6-18 (1) affirm the constable's disciplinary action;
6-19 (2) modify the disciplinary action as appropriate; or
6-20 (3) grant the relief requested by the employee and
6-21 reinstate the employee in the job assignment the employee held
6-22 prior to the disciplinary action without loss of compensation or
6-23 benefits.
6-24 (j) The commission shall maintain a public record of each
6-25 proceeding with copies available at cost.
6-26 Sec. 158.069. APPEAL OF COMMISSION DECISION. (a) An
6-27 employee who, on a final decision by the commission, is demoted,
7-1 suspended, or removed from a position may appeal the decision by
7-2 filing a petition in a district court in the county not later than
7-3 the 30th day after the date of the decision.
7-4 (b) An appeal under this section is by trial de novo. If
7-5 the Texas Constitution does not allow the appeal to be by trial de
7-6 novo, the appeal is under the substantial evidence rule. The
7-7 judgment of the district court is appealable as in other civil
7-8 cases.
7-9 (c) If the district court renders judgment for the
7-10 petitioner, the court may order reinstatement of the employee,
7-11 payment of back pay, or other appropriate relief.
7-12 Sec. 158.070. EX PARTE COMMUNICATIONS. (a) While any
7-13 matter subject to a hearing under this subchapter is pending, a
7-14 person may not communicate with the commission regarding the facts
7-15 of the matter under consideration unless the other party or the
7-16 party's representative is present, except:
7-17 (1) by giving sworn testimony at the hearing;
7-18 (2) by written briefs or written motions that are also
7-19 served on the opposing party; or
7-20 (3) as otherwise provided by law.
7-21 (b) If the commission or a court determines a person has
7-22 violated Subsection (a) on behalf of and with the knowledge of the
7-23 employee who filed the appeal or request for a review, the appeal
7-24 or review shall be dismissed. If the commission or a court
7-25 determines that a person violated Subsection (a) on behalf of or in
7-26 favor of the constable or the constable's representative, the
7-27 position of the employee that filed the appeal or request for a
8-1 review shall be upheld.
8-2 Sec. 158.071. PROCEDURES AFTER FELONY INDICTMENT OR
8-3 MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a
8-4 felony or officially charged with the commission of a Class A or B
8-5 misdemeanor, the constable may temporarily suspend the person with
8-6 or without pay for a period not to exceed 30 days after the date of
8-7 final disposition of the specified felony indictment or misdemeanor
8-8 complaint.
8-9 (b) The constable shall notify the suspended employee in
8-10 writing that the person is being temporarily suspended for a
8-11 specific period with or without pay and that the temporary
8-12 suspension is not intended to reflect an opinion on the merits of
8-13 the indictment or complaint.
8-14 (c) An employee indicted for a felony or officially charged
8-15 with the commission of a Class A or B misdemeanor who has also been
8-16 charged by the constable with a civil service rule violation
8-17 directly related to the indictment or complaint may delay the civil
8-18 service hearing for not more than 30 days after the date of the
8-19 final disposition of the indictment or complaint.
8-20 (d) If the constable temporarily suspends an employee under
8-21 this section and the employee is not found guilty of the indictment
8-22 or complaint in a court, the employee may appeal to the commission
8-23 for recovery of back pay. The commission may:
8-24 (1) award all or part of the back pay; or
8-25 (2) affirm or modify the decision of the constable.
8-26 (e) Acquittal or dismissal of an indictment or a complaint
8-27 does not mean an employee has not violated a civil service rule and
9-1 does not negate the charges that may have been or may be brought
9-2 against the employee by the constable.
9-3 (f) Conviction of a felony is cause for dismissal, and
9-4 conviction of a Class A or B misdemeanor may be cause for
9-5 disciplinary action or dismissal.
9-6 Sec. 158.072. EXEMPTIONS. (a) A person who is an employee
9-7 of an office on the date that a civil service system is adopted
9-8 under this subchapter may not be required to take a competitive
9-9 examination or perform any other act under this subchapter to
9-10 maintain the person's employment.
9-11 (b) The constable may designate as exempt from the civil
9-12 service system:
9-13 (1) the position of chief deputy or assistant;
9-14 (2) one or more positions in the office of the
9-15 constable's legal counsel; and
9-16 (3) additional positions in the office, in a number to
9-17 be determined by the commission but not to exceed five, that the
9-18 civil service commission determines to be administrative or
9-19 supervisory positions. The constable may not designate as exempt
9-20 any position classified as captain or below. The designation of
9-21 additional exempt positions by the constable does not diminish the
9-22 number of positions within the classification of captain or below.
9-23 (c) At the time a new constable takes office, an employee
9-24 holding an exempt position under Subsection (b) may be transferred
9-25 to the nonexempt position held by the employee immediately before
9-26 being promoted to an exempt position. A person who was not a
9-27 deputy constable in the office when appointed to an exempt position
10-1 may be transferred only to an entry level position in accordance
10-2 with the system's civil service rules.
10-3 Sec. 158.073. DISSOLUTION OF SYSTEM. (a) If, after a civil
10-4 service system under this subchapter has been in effect in an
10-5 office for at least one year, 20 percent of the employees of the
10-6 office petition the county judge to dissolve the system, the judge
10-7 shall order an election in the office on the question of the
10-8 dissolution of the civil service system for the office.
10-9 (b) The county judge shall hold the election after the 15th
10-10 day but on or before the 45th day after the date the petition is
10-11 submitted. The election must be by secret ballot and each employee
10-12 is entitled to vote at the election.
10-13 (c) The ballots for the election shall be printed to provide
10-14 for voting for or against the proposition: "Dissolution of the
10-15 civil service system."
10-16 (d) The county judge shall canvass the votes and declare the
10-17 result.
10-18 (e) If the proposition is approved by a majority of the
10-19 employees voting at the election, the county judge shall declare
10-20 the office's civil service system dissolved.
10-21 Sec. 158.074. EXCLUSIVITY. A civil service system created
10-22 under this subchapter and in effect applies to the office to the
10-23 exclusion of a civil service system in that county created under
10-24 Subchapter A or another law.
10-25 SECTION 2. The change in law made by Section 158.071, Local
10-26 Government Code, as added by this Act, applies only to an employee
10-27 who is indicted for a felony, charged with the commission of a
11-1 Class A or B misdemeanor, or charged with the violation of a civil
11-2 service rule based on an act classified as a felony or a Class A or
11-3 B misdemeanor on or after the effective date of this Act. An
11-4 employee who is indicted for a felony, charged with a Class A or B
11-5 misdemeanor, or charged with the violation of a civil service rule
11-6 based on an act classified as a felony or a Class A or B
11-7 misdemeanor before that date is covered by the law in effect when
11-8 the employee was indicted or charged, and the former law is
11-9 continued in effect for that purpose.
11-10 SECTION 3. This Act takes effect September 1, 2001.