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AN ACT
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relating to the discharge of an officer or employee of the |
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Department of Public Safety of the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.007, Government Code, is amended by |
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amending Subsections (e) and (f) and adding Subsections (e-1), |
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(e-2), and (g) to read as follows: |
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(e) An officer or employee of the department may not be |
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discharged without just cause. The director shall determine |
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whether an officer or employee is to be discharged. A commissioned |
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[An] officer [or employee] ordered discharged may appeal to the |
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commission, and during the appeal the officer [or employee] shall |
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be suspended without pay. |
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(e-1) Except as provided by Subsection (g) [(f)], the |
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department may not discharge, suspend, or demote a commissioned |
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officer except for the violation of a specific commission rule. If |
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the department discharges, suspends, or demotes the [an] officer, |
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the department shall deliver to the officer a written statement |
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giving the reasons for the action taken. The written statement must |
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point out each commission rule alleged to have been violated by the |
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officer and must describe the alleged acts of the officer that the |
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department contends are in violation of the commission rules. |
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(e-2) [(f)] The commission shall establish necessary |
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policies and procedures for the appointment, promotion, reduction, |
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suspension, and discharge of all employees. |
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(f) A discharged commissioned officer [or employee] is |
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entitled, on application to the commission, to a public hearing |
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before the commission, who shall affirm or set aside the discharge. |
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The commission shall affirm or set aside a discharge on the basis of |
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the evidence presented. If the commission affirms the discharge, |
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the discharged officer may seek judicial review, not later than the |
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90th day after the date the commission affirms the discharge, in a |
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district court under the substantial evidence standard of review, |
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and the officer remains suspended without pay while the case is |
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under judicial review. |
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(g) A noncommissioned employee inducted into the service of |
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the department is on probation for the first one year of service, |
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and an officer is on probation from the date the officer [person] is |
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inducted into the service of the department until the anniversary |
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of the date the officer [person] is commissioned. At any time |
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during the probationary period, an officer or employee [a person] |
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may be discharged [without the public hearing provided for by this
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subsection] if the director, with the advice and consent of the |
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commission, finds the officer or employee [person] to be unsuitable |
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for the work. |
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SECTION 2. Section 411.007, Government Code, as amended by |
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this Act, applies only to an officer or employee of the Department |
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of Public Safety of the State of Texas who is discharged on or after |
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the effective date of this Act. An officer or employee discharged |
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before that date is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3805 was passed by the House on May 7, |
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2013, by the following vote: Yeas 139, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3805 was passed by the Senate on May |
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21, 2013, by the following vote: Yeas 22, Nays 9. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |