By: Gallegos S.B. No. 1733
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an appeals process for the termination
or suspension of deputy constables in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 160, Local Government Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. APPEALS PROCESS FOR DEPUTY CONSTABLES
IN CERTAIN COUNTIES
Sec. 160.051. DEFINITION. In this subchapter, "termination
or suspension" means the revocation of a deputy constable's
appointment or the temporary, indefinite, or permanent suspension
of a deputy constable from duty.
Sec. 160.052. COUNTIES AND DEPUTY CONSTABLES AFFECTED.
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) A deputy
constable may be terminated or suspended only for inadequate
performance or a violation of workplace rules.
(b) A constable must notify a deputy constable in writing of
a termination or suspension. The notification must specifically
identify the incident that is the cause for the termination or
suspension.
(c) A deputy constable may not be terminated or suspended
for a reason related to:
(1) the election or appointment of a new constable;
(2) the end of a constable's term of office; or
(3) the death of a constable.
Sec. 160.054. APPEALS COMMISSION. (a) The constables of a
county by collective agreement shall annually appoint three persons
to serve as members of the appeals commission.
(b) A member of the appeals commission is not personally
liable for damages resulting from a decision of the appeals
commission.
(c) A member of the appeals commission may not be employed
by the county.
(d) The constables of the county collectively shall provide
the facilities and support staff necessary for the operation of the
appeals commission.
Sec. 160.055. RULES OF PROCEDURE. The appeals commission
shall adopt, publish, and enforce rules regarding the procedure for
an appeal under this subchapter.
Sec. 160.056. APPEAL OF TERMINATION OR SUSPENSION.
(a) Not later than the fifth day after the date a deputy constable
receives written notification of termination or suspension of
employment, the deputy constable may appeal a termination or
suspension by:
(1) filing a written appeal with the constable; or
(2) directly filing a written appeal with or appearing
in person before the appeals commission.
(b) 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), the deputy constable may appeal
the constable's decision to the appeals commission by filing a
written appeal with or appearing in person before the appeals
commission.
(c) The appeals commission shall 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) In its decision, the appeals commission may:
(1) affirm the termination or suspension of the deputy
constable for cause;
(2) grant the relief requested by the deputy constable
and reinstate the deputy constable to the job assignment held
before the termination or suspension without loss of compensation
or benefits, including back pay and benefits; or
(3) modify the constable's disciplinary action from
which the appeal is taken.
(e) A decision of the appeals commission is final and
binding and may not be appealed. This subsection does not affect a
deputy constable's right to contest a termination or suspension in
another forum under federal law.
(f) A deputy constable may not appeal any other personnel
action under this subchapter, including a written reprimand,
transfer, promotion, or demotion.
Sec. 160.057. EXEMPTIONS. A constable may designate as
exempt from the application of this subchapter not more than eight
deputy constables.
SECTION 2. Sections 160.001 through 160.007, Local
Government Code, are redesignated as Subchapter A, Chapter 160,
Local Government Code, and amended to read as follows:
SUBCHAPTER A. GRIEVANCE PROCEDURE FOR CERTAIN COUNTIES
Sec. 160.001. POLICY. The purpose of this subchapter
[chapter] is to provide reasonable, standardized grievance
procedures for certain counties and their employees because:
(1) it is the policy of this state that the right of
public employees to present, individually or through a
representative that does not claim the right to strike, grievances
concerning their wages, hours of work, or conditions of work should
continue unimpaired; and
(2) the application of that policy creates a need for
reasonable, standardized procedures for certain populous counties
and their employees.
Sec. 160.002. COUNTIES AND EMPLOYEES AFFECTED. This
subchapter [chapter] applies only to a county with a population of
more than 2.4 million and its employees, including but not limited
to the employees of road and bridge districts, flood control
districts, adult probation departments, and juvenile probation
departments in the county. However, this subchapter [chapter] does
not apply to the employees of a sheriff's department.
Sec. 160.003. DEFINITION. In this subchapter [chapter],
"grievance" means a claim by an employee that the employee was
adversely affected by a violation, misinterpretation,
misapplication, or disparity in the application of a specific law,
ordinance, resolution, written or unwritten policy, or rule
regarding wages, hours of work, or conditions of work.
Sec. 160.004. PROCEDURE IN GENERAL. A grievance must be
presented and adjusted in accordance with the grievance procedures
prescribed by this subchapter [chapter].
Sec. 160.005. STANDARDIZED GRIEVANCE PROCEDURE. (a) The
commissioners court of the county shall enact orders to provide
for:
(1) filing of written grievances;
(2) written responses to the grievance allegations;
(3) procedures for appeal to an appointed county
grievance resolutions committee;
(4) further appeal to the commissioners court;
(5) presentation of grievances by an employee's
requested representative;
(6) reasonable leave with pay for the presentation of
grievances; and
(7) other necessary procedures to permit effective
implementation of this subchapter [chapter].
(b) The orders and procedures shall apply equally to all
employees of the county, including employees of independent elected
officials, and shall provide for reasonable timetables for filing
and responding to grievances.
Sec. 160.006. NO RETALIATION OR REPRISAL. (a) An employee
may not be made subject to retaliation, reprisal, or discrimination
on account of having exercised any right or participated in any
procedure established by this subchapter [chapter]. A supervisor
or management official may not be made subject to retaliation,
reprisal, or discrimination because of any grievance adjustment
offered under this subchapter [chapter] to an employee with a
grievance or because of testifying on any employee's behalf during
a grievance procedure under this subchapter [chapter].
(b) A district court of appropriate venue may enjoin a
violation of this section. The court may order, in addition to
other relief, the mandatory reinstatement and the payment of back
pay for individuals discharged, suspended, or demoted in violation
of this section.
(c) An individual suffering retaliation, reprisal, or
discrimination in violation of this section is entitled to
reasonable attorney's fees as a result of successful court action
regarding the retaliation, reprisal, or discrimination.
Sec. 160.007. PROSPECTIVE APPLICATION OF SUBCHAPTER
[CHAPTER] AND AMENDED ORDER. (a) This subchapter [Act] applies
only to a grievance based on events that occur on or after June 20,
1987.
(b) If the commissioners court amends an order adopted under
this subchapter [chapter], the amended order does not apply to a
grievance alleged to have occurred before the date of the amended
order.
SECTION 3. (a) The change in law made by Subchapter B,
Chapter 160, Local Government Code, as added by this Act, applies
only to a deputy constable who is terminated or suspended from duty
on or after the effective date of this Act.
(b) A deputy constable who is terminated or suspended from
duty before the effective date of this Act is covered by the law in
effect when the deputy constable was terminated or suspended, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2003.