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A BILL TO BE ENTITLED
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AN ACT
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relating to mutual assistance agreements entered into by certain |
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municipalities and private institutions of higher education for the |
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purpose of enforcing state law and to additional powers, |
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privileges, and immunities of peace officers employed by private |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.212, Education Code, is amended to |
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read as follows: |
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Sec. 51.212. PEACE [SECURITY] OFFICERS AT PRIVATE |
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INSTITUTIONS. (a) The governing boards of private institutions of |
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higher education, including private junior colleges, are |
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authorized to employ and commission peace officers [campus security
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personnel] for the purpose of enforcing: |
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(1) state law [the law of this state] on the campuses |
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of private institutions of higher education; and |
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(2) state and local law, including applicable |
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municipal ordinances, at other locations, as permitted by |
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Subsection (b) or Section 51.2125. |
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(b) Any officer commissioned under the provisions of this |
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section is vested with all the powers, privileges, and immunities |
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of peace officers if the officer: |
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(1) is [while] on the property under the control and |
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jurisdiction of the respective private institution of higher |
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education or is otherwise performing [in the performance of his
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assigned] duties assigned to the officer by the institution, |
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regardless of whether the officer is on property under the control |
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and jurisdiction of the institution; or |
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(2) to the extent authorized by Section 51.2125, is: |
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(A) requested by another law enforcement agency |
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to provide assistance in enforcing state or local law, including a |
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municipal ordinance, and is acting in response to that request; or |
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(B) otherwise assisting another law enforcement |
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agency in enforcing a law described by Paragraph (A). |
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(c) Any officer assigned to duty and commissioned shall take |
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and file the oath required of peace officers, and shall execute and |
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file a good and sufficient bond in the sum of $1,000, payable to the |
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governor, with two or more good and sufficient sureties, |
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conditioned that the officer [he] will fairly, impartially, and |
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faithfully perform the duties as may be required of the officer |
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[him] by law. The bond may be sued on from time to time in the name |
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of the person injured until the whole amount is recovered. |
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(d) [(b)] The governing boards of private institutions of |
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higher education are authorized to hire and pay on a regular basis |
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peace [law-enforcement] officers commissioned by an incorporated |
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city. The officers shall be under the supervision of the hiring |
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institution, but shall be subject to dismissal and disciplinary |
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action by the city. An incorporated city is authorized to contract |
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with a private institution of higher education for the use and |
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employment of its commissioned officers in any manner agreed to, |
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provided that there is no expense incurred by the city. |
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(e) [(c)] In this section, "private institution of higher |
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education" means a private or independent institution of higher |
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education as defined [has the meaning assigned] by Section 61.003 |
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[61.003(15) of this code]. |
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SECTION 2. Subchapter E, Chapter 51, Education Code, is |
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amended by adding Sections 51.2125 and 51.2126 to read as follows: |
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Sec. 51.2125. PRIVATE INSTITUTIONS: AUTHORITY TO ENTER INTO |
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MUTUAL ASSISTANCE AGREEMENT. (a) This section applies only to a |
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private institution of higher education, as defined by Section |
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61.003, with a fall headcount enrollment of more than 10,000 |
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students. |
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(b) If the institution has under its control and |
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jurisdiction property that is contiguous to, or located in any part |
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within the boundaries of, a municipality with a population of more |
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than one million, in addition to exercising the authority provided |
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under Section 51.212(d), the governing board of a private |
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institution of higher education to which this section applies and |
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the governing body of each municipality, regardless of the |
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municipality's population, that is contiguous to, or the boundaries |
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of which contain any part of, property under the control and |
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jurisdiction of the private institution of higher education may |
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enter into a written mutual assistance agreement in which peace |
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officers commissioned by the institution or the applicable |
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municipality serve the public interest by assisting, without any |
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form of additional compensation or other financial benefit, the |
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peace officers of the other party to the agreement in enforcing |
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state or local law, including applicable municipal ordinances. The |
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agreement must be reviewed at least annually by the institution and |
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the municipality and may be modified at that time by a written |
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agreement signed by each party. The agreement may be terminated at |
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any time by a party to the agreement on the provision of reasonable |
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notice to the other party to the agreement. |
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(c) A mutual assistance agreement authorized by this |
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section may designate the geographic area in which the campus peace |
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officers are authorized to provide assistance to the peace officers |
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of the municipality. |
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(d) This section does not affect a municipality's duty to |
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provide law enforcement services to any location within the |
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boundaries of the municipality. |
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(e) A peace officer providing assistance under a mutual |
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assistance agreement authorized by this section may make arrests |
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and exercise all other authority given to peace officers under |
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other state law. The municipal law enforcement agency has |
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exclusive authority to supervise any campus peace officer operating |
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under the agreement to assist the peace officers of the |
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municipality. A municipal peace officer operating under the |
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agreement to assist the campus peace officers remains under the |
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supervision of the municipal law enforcement agency. |
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(f) In the same manner and to the same extent as a |
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municipality is liable for an act or omission of a peace officer |
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employed by the municipality, a private institution of higher |
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education is liable for an act or omission of a campus peace officer |
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operating under a mutual assistance agreement authorized by this |
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section at a location other than property under the control and |
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jurisdiction of the institution. |
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(g) This section does not limit the authority of a campus |
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peace officer to make a warrantless arrest outside the officer's |
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jurisdiction as described by Article 14.03(d), Code of Criminal |
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Procedure. |
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Sec. 51.2126. APPEAL BY CAMPUS PEACE OFFICER OF |
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DISCIPLINARY ACTION OR PROMOTIONAL BYPASS RELATED TO PROVISION OF |
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ASSISTANCE UNDER MUTUAL ASSISTANCE AGREEMENT. (a) A campus peace |
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officer acting under a mutual assistance agreement authorized by |
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Section 51.2125 who is demoted, suspended, or terminated by the |
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applicable private institution of higher education or who |
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experiences a promotional bypass by the institution may elect to |
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appeal the institution's action to an independent third party |
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hearing examiner under this section. |
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(b) To elect to appeal to an independent third party hearing |
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examiner under this section, the campus peace officer must submit |
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to the head of the institution's law enforcement agency not later |
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than the 30th day after the date of the action being appealed a |
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written request stating the officer's decision to appeal to such a |
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hearing examiner. |
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(c) The hearing examiner's decision is final and binding on |
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all parties. If a campus peace officer elects to appeal the |
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institution's action to an independent third party hearing examiner |
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under this section, the officer or institution may appeal the |
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examiner's decision to a district court only as provided by |
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Subsection (j). |
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(d) If a campus peace officer elects to appeal to a hearing |
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examiner, the officer and the head of the institution's law |
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enforcement agency or their designees shall attempt to agree on the |
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selection of an impartial hearing examiner. If the parties do not |
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agree on the selection of a hearing examiner before the 10th day |
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after the date the appeal is filed, the parties immediately shall |
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request a list of seven qualified neutral arbitrators from the |
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American Arbitration Association or the Federal Mediation and |
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Conciliation Service, or their successors in function. The officer |
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and the agency head or their designees may agree on one of the seven |
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neutral arbitrators on the list. If the parties do not agree before |
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the fifth business day after the date the parties receive the list, |
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the parties or their designees shall alternate striking a name from |
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the list, and the single name remaining after all other names have |
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been struck is selected as the hearing examiner. The parties or |
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their designees shall agree on a date for the hearing. |
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(e) The appeal hearing must begin as soon as an appearance |
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by the hearing examiner can be scheduled. If the hearing examiner |
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cannot begin the hearing before the 45th day after the date of |
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selection, the campus peace officer may, within 48 hours after |
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learning of that fact, call for the selection of a new hearing |
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examiner using the procedure prescribed by Subsection (d). |
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(f) In a hearing conducted under this section, the hearing |
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examiner has the same duties and powers that a civil service |
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commission has in conducting a hearing or hearing an appeal under |
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Chapter 143, Local Government Code, including the right to issue |
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subpoenas. The hearing examiner may: |
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(1) order that the campus peace officer be reinstated |
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to the same position or status in which the officer was employed |
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immediately before the demotion, suspension, or termination or, in |
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the case of a promotional bypass, to the position or status with |
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respect to which the officer experienced the bypass; and |
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(2) award the officer lost wages and any other |
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compensation lost as a result of the disciplinary action or |
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promotional bypass, as applicable. |
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(g) In a hearing conducted under this section, the parties |
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may agree to an expedited hearing procedure. Unless otherwise |
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agreed by the parties, in an expedited procedure the hearing |
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examiner shall issue a decision on the appeal not later than the |
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10th day after the date the hearing is completed. |
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(h) In an appeal that does not involve an expedited hearing |
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procedure, the hearing examiner shall make a reasonable effort to |
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issue a decision on the appeal not later than the 30th day after the |
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later of the date the hearing is completed or the briefs are filed. |
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The hearing examiner's inability to meet the time requirements |
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imposed by this section does not affect the hearing examiner's |
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jurisdiction, the validity of the disciplinary action or |
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promotional bypass, or the hearing examiner's final decision. |
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(i) The hearing examiner's fees and expenses shall be paid |
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in equal amounts by the parties. The costs of a witness shall be |
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paid by the party who calls the witness. |
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(j) A district court may hear an appeal of a hearing |
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examiner's decision only on the grounds that the hearing examiner |
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was without jurisdiction or exceeded the examiner's jurisdiction or |
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that the decision was procured by fraud, collusion, or other |
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unlawful means. An appeal must be brought in the district court |
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having jurisdiction in the municipality in which the institution is |
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located. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |