SRC-JLB S.B. 1733 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1733
78R3181 YDB-DBy: Gallegos
Intergovernmental Relations
3/29/2003
As Filed


DIGEST AND PURPOSE 

Current law does not authorize Harris County deputy constables to appeal a
suspension or termination.  As proposed, S.B. 1733 authorizes Harris
County constables to create an appeals system for deputy constables who
are terminated or suspended from duty; sets forth guidelines by which a
deputy constable may be terminated or suspended from duty; and creates a
three-member commission to oversee appeals and authorizes this commission
to adopt, publish, and enforce rule regarding appeals. 

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 Chapter 160, Local Government Code, by adding
Subchapter B, as follows: 

SUBCHAPTER B. APPEALS PROCESS FOR DEPUTY CONSTABLES
IN CERTAIN COUNTIES

 Sec. 160.051.  DEFINITION.  Defines "termination or suspension."

Sec. 160.052.  COUNTIES AND DEPUTY CONSTABLES AFFECTED.  Provides that
this subchapter applies only to the termination or suspension of a deputy
constable in a county with a population of more than three million. 
 
Sec. 160.053.  TERMINATION OR SUSPENSION.  (a)  Authorizes a deputy
constable to be terminated or suspended only for inadequate performance or
a violation of workplace rules. 
 
(b)  Requires a constable to notify a deputy constable in writing of a
termination or suspension.  Requires the notification to specifically
identify the incident that is the cause for the termination or suspension. 
 
(c)  Prohibits a deputy constable from being terminated or suspended due
to a change in the holder of the constable's office. 

Sec. 160.054.  APPEALS COMMISSION. (a)  Requires the constables of a
county by collective agreement to annually appoint three persons to serve
as members of the appeals commission. 

(b)  Provides that a member of the appeals commission is not personally
liable for damages resulting from a decision of the appeals commission. 
 
(c)  Prohibits a member of the appeals commission from being employed by
the county. 
 
 (d)  Requires the constables of the county collectively to provide the
facilities and support staff necessary for the operation of the appeals
commission. 
 
Sec. 160.055.  RULES OF PROCEDURE.  Requires the appeals commission to
adopt, publish, and enforce rules regarding the procedure for an appeal
under this subchapter. 
 
Sec. 160.056.  APPEAL OF TERMINATION OR SUSPENSION.  (a)  Authorizes the
deputy constable, not later than the fifth day after the date a deputy
constable receives written notification of termination or suspension of
employment, to appeal a termination or suspension by certain means. 

(b)  Authorizes the deputy constable, not later than the fifth day after
the date a deputy constable receives written notification of a constable's
decision on appeal under Subsection (a)(1), to appeal the constable's
decision to the appeals commission by filing a written appeal with or
appearing in person before the appeals commission. 
 
(c)  Requires the appeals commission to make a just and fair decision in
writing not later than the 30th day after the date the deputy constable
receives written notification of termination or suspension or receives
written notification of a constable's decision under Subsection (a)(1), as
applicable. 
 
  (d)  Authorizes the appeals commission, in its decision, to perform
certain acts. 

(e)  Provides that a decision of the appeals commission is final and
binding and may not be appealed.  Provides that this subsection does not
affect a deputy constable's right to contest a termination or suspension
in another forum under federal law. 
 
(f)  Prohibits a deputy constable from appealing any other personnel
action under this subchapter, including a written reprimand, transfer,
promotion, or demotion. 
 
Sec. 160.057.  EXEMPTIONS.  Authorizes a constable to designate as exempt
from the application of this subchapter not more than eight deputy
constables. 
 
SECTION 2.  Amends Sections 160.001-160.007, Local Government Code, by
redesignating it as Chapter 160A, Local Government Code, and amending it,
as follows: 

SUBCHAPTER A. GRIEVANCE PROCEDURE FOR CERTAIN COUNTIES

Sec. 160.001.  POLICY.  Provides that the purpose of this subchapter,
rather than chapter, is to provide reasonable, standardized grievance
procedures for certain counties and their employees because of certain
plans and policies. 

Sec. 160.002.  COUNTIES AND EMPLOYEES AFFECTED.  Makes conforming changes.

 Sec. 160.003.  DEFINITION.  Makes a conforming change.

 Sec. 160.004.  PROCEDURE IN GENERAL. Makes a conforming change.

Sec. 160.005.  STANDARDIZED GRIEVANCE PROCEDURE.  Makes a conforming
change. 

 Sec. 160.006.  NO RETALIATION OR REPRISAL.  Makes conforming changes.

Sec. 160.007.  New heading:  PROSPECTIVE APPLICATION OF SUBCHAPTER AND
AMENDED ORDER.  (a)  Provides that this subchapter, rather than Act,
applies only to a grievance based on events that occur on or after June
20, 1987. 
  
  (b)  Makes a conforming change.
 
SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2003.