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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county civil service commission to |
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administer oaths and issue subpoenas; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 158, Local Government |
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Code, is amended by adding Section 158.0095 to read as follows: |
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Sec. 158.0095. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER |
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OATHS. (a) In a proceeding before the commission under this |
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subchapter, the chairman of the commission shall, on request of a |
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person described by Subsection (b): |
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(1) administer oaths; and |
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(2) issue subpoenas and subpoenas duces tecum for the |
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attendance of witnesses and for the production of documentary |
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material. |
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(b) The affected employee, the county attorney, or a |
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designee of the employee or county attorney may request the |
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chairman of the commission to subpoena any books, records, |
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documents, papers, accounts, or witnesses that the requestor |
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considers pertinent to the case. The request must be made before |
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the 10th day before the date a commission proceeding will be held. |
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(c) An oath administered under this section has the same |
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force and effect as an oath administered by a magistrate in the |
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magistrate's judicial capacity. |
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(d) A response to a subpoena duces tecum under this section |
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is considered to have been made under oath. |
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(e) A person who is subpoenaed commits an offense if the |
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person fails to appear as required by the subpoena. An offense |
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under this section is a misdemeanor punishable by a fine up to |
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$1,000, confinement in the county jail for not more than 30 days, or |
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both the fine and confinement. |
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SECTION 2. Subchapter B, Chapter 158, Local Government |
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Code, is amended by adding Section 158.0355 to read as follows: |
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Sec. 158.0355. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER |
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OATHS. (a) In a proceeding before the commission under this |
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subchapter, the chairman of the commission shall, on request of a |
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|
person described by Subsection (b): |
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|
(1) administer oaths; and |
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|
(2) issue subpoenas and subpoenas duces tecum for the |
|
|
attendance of witnesses and for the production of documentary |
|
|
material. |
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|
(b) The affected employee, the county attorney, or a |
|
|
designee of the employee or the county attorney may request the |
|
|
chairman of the commission to subpoena any books, records, |
|
|
documents, papers, accounts, or witnesses that the requestor |
|
|
considers pertinent to the case. The request must be made before |
|
|
the 10th day before the date a commission proceeding will be held. |
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|
(c) An oath administered under this section has the same |
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|
force and effect as an oath administered by a magistrate in the |
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|
magistrate's judicial capacity. |
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|
(d) A response to a subpoena duces tecum under this section |
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|
is considered to have been made under oath. |
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|
(e) A person who is subpoenaed commits an offense if the |
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|
person fails to appear as required by the subpoena. An offense |
|
|
under this section is a misdemeanor punishable by a fine up to |
|
|
$1,000, confinement in the county jail for not more than 30 days, or |
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both the fine and confinement. |
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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, 2011. |
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* * * * * |