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  86R12282 JCG-D
 
  By: Muñoz, Jr. H.B. No. 3894
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to sheriff's department civil service systems in certain
  counties; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 158.034, Local Government Code, is
  amended by amending Subsection (e) and adding Subsection (f) to
  read as follows:
         (e)  To be eligible for appointment to the commission, a
  person must:
               (1)  be at least 25 years old; [and]
               (2)  have resided in the county for the three years
  immediately preceding the date on which the person's term will
  begin;
               (3)  be a United States citizen;
               (4)  be of good moral character;
               (5)  not have held a public office in the three years
  immediately preceding the date on which the person's term will
  begin; and
               (6)  not have served on the commission for more than six
  years.
         (f)  Subsection (e)(5) does not prohibit the appointment of a
  member if the only public office held by the member in the preceding
  three years is membership on the commission.
         SECTION 2.  Subchapter B, Chapter 158, Local Government
  Code, is amended by adding Sections 158.0341 through 158.0344,
  158.0352, and 158.0353 to read as follows:
         Sec. 158.0341.  REMOVAL OF COMMISSION MEMBER. (a)  If at a
  meeting held for that purpose the commissioners court of the county
  finds that a commission member is guilty of misconduct in office,
  the commissioners court may remove the member. The member may
  request that the meeting be held as an open hearing in accordance
  with Chapter 551, Government Code.
         (b)  If a commission member is indicted or charged by
  information with a criminal offense involving moral turpitude, the
  member is automatically suspended from office until the disposition
  of the charge. Unless the member pleads guilty or is found to be
  guilty, the member shall resume office at the time of disposition of
  the charge.
         (c)  The commissioners court may appoint a substitute
  commission member during a period of suspension.
         (d)  If a commission member pleads guilty to or is found to be
  guilty of a criminal offense involving moral turpitude, the
  commissioners court shall appoint a replacement commission member
  to serve the remainder of the disqualified member's term of office.
         Sec. 158.0342.  COMMISSION INVESTIGATIONS AND INSPECTIONS.  
  (a)  The commission or a commission member designated by the
  commission may investigate and report on all matters relating to
  the enforcement and effect of this subchapter and any rules adopted
  under this subchapter and shall determine if the subchapter and
  rules are being obeyed.
         (b)  During an investigation, the commission or the
  commission member may:
               (1)  administer oaths;
               (2)  issue subpoenas to compel the attendance of
  witnesses and the production of books, papers, documents, and
  accounts relating to the investigation; and
               (3)  cause the deposition of witnesses residing inside
  or outside the state.
         (c)  A deposition taken in connection with an investigation
  under this section must be taken in the manner prescribed by law for
  taking a similar deposition in a civil action in federal district
  court.
         (d)  An oath administered or a subpoena issued under this
  section has the same force and effect as an oath administered by a
  magistrate in the magistrate's judicial capacity.
         (e)  A person who fails to respond to a subpoena issued under
  this section commits an offense punishable as prescribed by Section
  158.0343.
         Sec. 158.0343.  CRIMINAL PENALTY FOR VIOLATION OF
  SUBCHAPTER. (a)  A person subject to the provisions of this
  subchapter commits an offense if the person violates this
  subchapter.
         (b)  An offense under this section is a misdemeanor
  punishable by a fine of not less than $10 or more than $1,000,
  confinement in the county jail for not more than 30 days, or both
  fine and confinement.
         Sec. 158.0344.  DECISIONS AND RECORDS. (a)  Each concurring
  commission member shall sign a decision issued by the commission.
         (b)  The commission shall keep records of each hearing or
  case that comes before the commission.
         (c)  Each rule, opinion, directive, decision, or order
  issued by the commission:
               (1)  must be in writing; and
               (2)  is a public record that the commission shall
  retain on file.
         Sec. 158.0352.  DISCIPLINARY SUSPENSIONS. (a) The sheriff
  may suspend an employee for the violation of a civil service rule.
  The suspension may be for a reasonable period not to exceed 15
  calendar days or for an indefinite period. An indefinite
  suspension is equivalent to dismissal from the department.
         (b)  If the sheriff suspends an employee, the sheriff shall,
  within 120 hours after the hour of suspension, file a written
  statement with the commission giving the reasons for the
  suspension. The sheriff shall immediately deliver a copy of the
  statement in person to the suspended employee.
         (c)  The copy of the written statement must inform the
  suspended employee that if the employee wants to appeal to the
  commission, the employee must file a written appeal with the
  commission within 10 days after the date the employee receives the
  copy of the statement.
         (d)  The written statement filed by the sheriff with the
  commission must point out each civil service rule alleged to have
  been violated by the suspended employee and must describe the
  alleged acts of the employee that the sheriff contends are in
  violation of the civil service rules. It is not sufficient for the
  sheriff merely to refer to the provisions of the rules alleged to
  have been violated.
         (e)  If the sheriff does not specifically point out in the
  written statement the act or acts of the employee that allegedly
  violated the civil service rules, the commission shall promptly
  reinstate the employee.
         (f)  If offered by the sheriff, the employee may agree in
  writing to voluntarily accept, with no right of appeal, a
  suspension of 16 to 90 calendar days for the violation of a civil
  service rule. The employee must accept the offer within five
  working days after the date the offer is made. If the employee
  refuses the offer and wants to appeal to the commission, the
  employee must file a written appeal with the commission in
  accordance with Section 158.037.
         (g)  In the original written statement and charges and in any
  hearing conducted under this subchapter, the sheriff may not
  complain of an act that occurred earlier than the 180th day
  preceding the date the sheriff suspends the employee. If the act is
  allegedly related to criminal activity, including the violation of
  a federal, state, or local law for which the employee is subject to
  a criminal penalty:
               (1)  the sheriff may not complain of an act that is
  discovered earlier than the 180th day preceding the date the
  sheriff suspends the employee; and
               (2)  the sheriff must allege that the act complained of
  is related to criminal activity.
         Sec. 158.0353.  DEMOTIONS.  (a)  The sheriff may recommend to
  the commission in writing that the commission demote a nonexempt
  employee involuntarily.
         (b)  The sheriff must include in the recommendation for
  demotion the reasons for the recommended demotion and a request
  that the commission order the demotion. The sheriff must
  immediately furnish a copy of the recommendation in person to the
  affected employee.
         (c)  The commission may refuse to grant the request for
  demotion. If the commission believes that probable cause exists
  for ordering the demotion, the commission shall give the employee
  written notice to appear before the commission for a public hearing
  at a time and place specified in the notice. The commission shall
  give the notice before the 10th day before the date the hearing will
  be held.
         (d)  The employee is entitled to a full and complete public
  hearing, and the commission may not demote an employee without that
  public hearing.
         (e)  A voluntary demotion in which the employee has accepted
  the terms of the demotion in writing is not subject to this section.
         SECTION 3.  Section 158.037, Local Government Code, is
  amended to read as follows:
         Sec. 158.037.  APPEALS.  (a)  Except as otherwise provided by
  this subchapter, an employee may appeal to the commission an action
  for which an appeal or review is provided by this subchapter by
  filing an appeal with the commission within 10 days after the date
  the action occurred.
         (b)  The appeal must include the basis for the appeal and a
  request for a commission hearing. The appeal must also contain:
               (1)  a statement denying the truth of the charge as
  made;
               (2)  a statement taking exception to the legal
  sufficiency of the charge;
               (3)  a statement alleging that the recommended action
  does not fit the offense or alleged offense; or
               (4)  a combination of the statements described by this
  subsection.
         (c)  In each hearing, appeal, or review of any kind in which
  the commission performs an adjudicatory function, the affected
  employee is entitled to be represented by counsel or a person the
  employee chooses. Each commission proceeding must be held in
  public.
         (d)  The commission may issue subpoenas and subpoenas duces
  tecum for the attendance of witnesses and for the production of
  documentary material.
         (e)  The affected employee may request the commission to
  subpoena any books, records, documents, papers, accounts, or
  witnesses that the employee considers pertinent to the case. The
  employee must make the request before the 10th day before the date
  the commission hearing will be held. If the commission does not
  subpoena the material, the commission shall, before the third day
  before the date the hearing will be held, make a written report to
  the employee stating the reason it will not subpoena the requested
  material. The report must be read into the public record of the
  commission hearing.
         (f)  Witnesses may be placed under the rule at the commission
  hearing.
         (g)  The commission shall conduct the hearing fairly and
  impartially as prescribed by this subchapter and shall render a
  just and fair decision. The commission may consider only the
  evidence submitted at the hearing.
         (h)  The commission shall maintain a public record of each
  proceeding with copies available at cost.
         (i)  If a suspended employee appeals a suspension to the
  commission, the commission shall hold a hearing and render a
  decision in writing within 30 days after the date the commission
  receives notice of appeal. The suspended employee and the
  commission may agree to postpone the hearing for a definite period.
         (j)  In a hearing conducted under this section, the sheriff
  is restricted to the sheriff's original written statement and
  charges, which may not be amended.
         (k)  The commission may deliberate the decision in closed
  session but may not consider evidence that was not presented at the
  hearing. The commission shall vote in open session.
         (l)  The commission may suspend or dismiss an employee for
  violation of civil service rules and only after a finding by the
  commission of the truth of specific charges against the employee.
         (m)  In its decision, the commission shall state whether the
  suspended employee is:
               (1)  permanently dismissed from the department;
               (2)  temporarily suspended from the department; or
               (3)  restored to the employee's former position or
  status in the department's classified service.
         (n)  If the commission finds that the period of disciplinary
  suspension should be reduced, the commission may order a reduction
  in the period of suspension. If the suspended employee is restored
  to the position or class of service from which the employee was
  suspended, the employee is entitled to:
               (1)  full compensation for the actual time lost as a
  result of the suspension at the rate of pay provided for the
  position or class of service from which the employee was suspended;
  and
               (2)  restoration of or credit for any other benefits
  lost as a result of the suspension, including sick leave, vacation
  leave, and service credit in a retirement system. Standard payroll
  deductions, if any, for retirement and other benefits restored
  shall be made from the compensation paid, and the county shall make
  its standard corresponding contributions, if any, to the retirement
  system or other applicable benefit systems.
         (o)  An employee who, on a final decision by the commission,
  is demoted, suspended, or removed from a position may appeal the
  decision by filing a petition in a district court in the county
  within 30 days after the date of the decision.
         (p) [(b)]  An appeal under Subsection (o) [this section] is
  under the substantial evidence rule, and the judgment of the
  district court is appealable as in other civil cases.
         (q)  Each appeal to a district court of an indefinite
  suspension shall be advanced on the district court docket and given
  a preference setting over all other cases.
         (r) [(c)]  If the district court renders judgment for the
  petitioner, the court may order reinstatement of the employee,
  payment of back pay, or other appropriate relief.
         SECTION 4.  Subchapter B, Chapter 158, Local Government
  Code, is amended by adding Sections 158.0372 through 158.0374 and
  Sections 158.041 through 158.062 to read as follows:
         Sec. 158.0372.  REINSTATEMENT. (a)  If the commission, a
  hearing examiner, or a district court orders that an employee
  suspended without pay be reinstated, the sheriff shall comply with
  the order and the county shall, before the end of the second full
  pay period after the date the employee is reinstated, repay to the
  employee all wages lost as a result of the suspension.
         (b)  If the county does not fully repay all lost wages to the
  employee as provided by this section, the county shall pay the
  employee an amount equal to the lost wages plus accrued interest.
         (c)  Interest under Subsection (b) accrues beginning on the
  date of the employee's reinstatement at a rate equal to three
  percent plus the rate for court judgments under Chapter 304,
  Finance Code, that is in effect on the date of the employee's
  reinstatement.
         Sec. 158.0373.  HEARING EXAMINERS.  (a)  In addition to the
  other notice requirements prescribed by this subchapter, the
  written notice for a promotional bypass, demotion, or notice of
  disciplinary action, as applicable, issued to an employee must
  state that in an appeal of an indefinite suspension, a suspension, a
  promotional bypass, or a recommended demotion, the appealing
  employee may elect to appeal to an independent third-party hearing
  examiner instead of to the commission. The letter must also state
  that if the employee elects to appeal to a hearing examiner, the
  employee waives all rights to appeal to a district court except as
  provided by Subsection (j).
         (b)  To exercise the choice of appealing to a hearing
  examiner, the appealing employee must submit to the commission a
  written request as part of the original notice of appeal required
  under this subchapter stating the employee's decision to appeal to
  an independent third-party hearing examiner.
         (c)  The hearing examiner's decision is final and binding on
  all parties. If the employee decides to appeal to an independent
  third-party hearing examiner, the employee waives all rights to
  appeal to a district court except as provided by Subsection (j).
         (d)  If the employee chooses to appeal to a hearing examiner,
  the employee and the sheriff, or their designees, shall first
  attempt to agree on the selection of an impartial hearing examiner.
  If the parties do not agree on the selection of a hearing examiner
  on or within 10 days after the date the appeal is filed, the
  commission shall immediately request a list of seven qualified
  neutral arbitrators from the American Arbitration Association or
  the Federal Mediation and Conciliation Service, or their successors
  in function. The employee and the sheriff, or their designees, may
  agree on one of the seven neutral arbitrators on the list. If they
  do not agree within five working days after the date they received
  the list, each party or the party's designee shall alternate
  striking a name from the list and the name remaining is the hearing
  examiner. The parties or their designees shall agree on a date for
  the hearing.
         (e)  The appeal hearing shall begin as soon as the hearing
  examiner can be scheduled. If the hearing examiner cannot begin the
  hearing within 45 calendar days after the date of selection, the
  employee may, within two days after learning of that fact, call for
  the selection of a new hearing examiner using the procedure
  prescribed by Subsection (d).
         (f)  In each hearing conducted under this section, the
  hearing examiner has the same duties and powers as the commission,
  including the right to issue subpoenas.
         (g)  In a hearing conducted under this section, the parties
  may agree to an expedited hearing procedure. Unless otherwise
  agreed by the parties, in an expedited procedure the hearing
  examiner shall render a decision on the appeal within 10 days after
  the date the hearing ended.
         (h)  In an appeal that does not involve an expedited hearing
  procedure, the hearing examiner shall make a reasonable effort to
  render a decision on the appeal within 30 days after the date the
  hearing ends or the briefs are filed. The hearing examiner's
  inability to meet the time requirements imposed by this section
  does not affect the hearing examiner's jurisdiction, the validity
  of the disciplinary action, or the hearing examiner's final
  decision.
         (i)  The hearing examiner's fees and expenses are shared
  equally by the appealing employee and by the department. The costs
  of a witness are paid by the party who calls the witness.
         (j)  A district court may hear an appeal of a hearing
  examiner's award only on the grounds that the hearing examiner was
  without jurisdiction or exceeded the hearing examiner's
  jurisdiction or that the order was procured by fraud, collusion, or
  other unlawful means. An appeal must be brought in the district
  court having jurisdiction in the county in which the department is
  located.
         Sec. 158.0374.  UNCOMPENSATED DUTY.  (a)  In this section,
  "uncompensated duty" means days of work without pay that are in
  addition to regular or normal workdays.
         (b)  The sheriff may assign an employee to uncompensated
  duty. The sheriff may not impose uncompensated duty unless the
  employee agrees to accept the duty.  The sheriff shall give the
  employee a written statement that specifies the date or dates on
  which the employee will perform uncompensated duty if the employee
  agrees to accept uncompensated duty.
         (c)  Uncompensated duty may be in place of or in combination
  with a period of disciplinary suspension without pay. If
  uncompensated duty is combined with a disciplinary suspension, the
  total number of uncompensated days may not exceed 15.
         (d)  An employee may not earn or accrue any wage, salary, or
  benefit arising from length of service while the employee is
  suspended without pay or performing uncompensated duty. The days
  on which an employee performs assigned uncompensated duty may not
  be taken into consideration in determining eligibility for a
  promotional examination.
         (e)  Except as provided by this section, an employee who
  performs assigned uncompensated duty retains all rights and
  privileges of the employee's position in the department and of the
  employee's employment by the county.
         Sec. 158.041.  PROMOTIONAL EXAMINATION NOTICE.  (a)  Not
  later than the 90th day before the date a promotional examination is
  held, the commission shall post a notice that lists the sources from
  which the examination questions will be taken.
         (b)  Not later than the 30th day before the date a
  promotional examination is held, the commission shall post a notice
  of the examination in plain view on a bulletin board located in the
  main lobby of the sheriff's department and in the commission's
  office. The notice must show the position to be filled or for which
  the examination is to be held, and the date, time, and place of the
  examination. The commission shall also furnish sufficient copies
  of the notice for posting in the stations or subdepartments in which
  the position will be filled.
         (c)  The notice required by Subsection (b) may also include
  the name of each source used for the examination, the number of
  questions taken from each source, and the chapter used in each
  source.
         Sec. 158.042.  ELIGIBILITY FOR PROMOTIONAL EXAMINATION.  (a)  
  Each promotional examination is open to each employee who for at
  least two years immediately before the examination date has
  continuously held a position in the classification that is
  immediately below, in salary, the classification for which the
  examination is to be held.
         (b)  If the department has adopted a classification plan that
  classifies positions on the basis of similarity in duties and
  responsibilities, each promotional examination is open to each
  employee who has continuously held, for at least two years
  immediately before the examination date, a position at the next
  lower pay grade, if it exists, in the classification for which the
  examination is to be held.
         (c)  If there are not sufficient employees in the next lower
  position with two years' service in that position to provide an
  adequate number of employees to take the examination, the
  commission shall open the examination to employees in that position
  with less than two years' service. If there is still an
  insufficient number, the commission may open the examination to
  employees in the second lower position, in salary, to the position
  for which the examination is to be held.
         Sec. 158.043.  PROMOTIONAL EXAMINATION PROCEDURE; CRIMINAL
  PENALTY.  (a)  The commission shall adopt rules governing
  promotions and shall hold promotional examinations to provide
  eligibility lists for each nonexempt classification in the
  department. The examinations shall be held substantially as
  prescribed by this section.
         (b)  Each eligible promotional candidate shall be given an
  identical examination in the presence of the other eligible
  promotional candidates, except that an eligible promotional
  candidate who is serving on active military duty outside of this
  state or in a location that is not within reasonable geographic
  proximity to the location where the examination is being
  administered is entitled to take the examination outside of the
  presence of and at a different time than the other candidates and
  may be allowed to take an examination that is not identical to the
  examination administered to the other candidates. The commission
  may adopt rules providing for the efficient administration of
  promotional examinations to eligible promotional candidates who
  are members of the armed forces serving on active military duty. In
  adopting the rules, the commission shall ensure that the
  administration of the examination will not result in unnecessary
  interference with any ongoing military effort. The rules must
  require that:
               (1)  at the discretion of the administering entity, an
  examination that is not identical to the examination administered
  to other eligible promotional candidates may be administered to an
  eligible promotional candidate who is serving on active military
  duty; and
               (2)  if a candidate serving on active military duty
  takes a promotional examination outside the presence of other
  candidates and passes the examination, the candidate's name shall
  be included in the eligibility list of names of promotional
  candidates who took and passed the examination nearest in time to
  the time at which the candidate on active military duty took the
  examination.
         (c)  The examination must be entirely in writing and may not
  in any part consist of an oral interview.
         (d)  The examination questions must test the knowledge of the
  eligible promotional candidates about information and facts and
  must be based on:
               (1)  the duties of the position for which the
  examination is held;
               (2)  material that is of reasonably current publication
  and that has been made reasonably available to each employee
  involved in the examination; and
               (3)  any study course given by the departmental schools
  of instruction.
         (e)  The examination questions must be taken from the sources
  listed in the posted notice under Section 158.041(a). Employees
  may suggest source materials for the examinations.
         (f)  The examination questions must be prepared and composed
  so that the grading of the examination can be promptly completed
  immediately after the examination is over.
         (g)  The commission is responsible for the preparation and
  security of each promotional examination. The fairness of the
  competitive promotional examination is the responsibility of the
  commission and each county employee involved in the preparation or
  administration of the examination.
         (h)  A person commits an offense if the person knowingly or
  intentionally:
               (1)  reveals a part of a promotional examination to an
  unauthorized person for unfair personal gain or advantage; or
               (2)  receives from any person a part of a promotional
  examination for unfair personal gain or advantage.
         (i)  An offense under Subsection (h) is a misdemeanor
  punishable by a fine of not less than $1,000, confinement in the
  county jail for not more than one year, or both fine and
  confinement.
         Sec. 158.044.  PROMOTIONAL EXAMINATION GRADES. (a)  The
  grading of each promotional examination shall begin when one
  eligible promotional candidate completes the examination. As the
  eligible promotional candidates finish the examination, the
  examinations shall be graded at the examination location and in the
  presence of any candidate who wants to remain during the grading.
         (b)  Each employee is entitled to receive one point for each
  year of seniority as a classified employee in the department, with a
  maximum of 10 points.
         (c)  The grade that must be placed on the eligibility list
  for each employee shall be computed by adding the applicant's
  points for seniority to the applicant's grade on the written
  examination, but only if the applicant scores a passing grade on the
  written examination. Each applicant's grade on the written
  examination is based on a maximum grade of 100 points and is
  determined entirely by the correctness of the applicant's answers
  to the questions.  All applicants who receive a grade on the written
  examination of at least 70 points shall be determined to have passed
  the examination. If a tie score occurs, the commission shall
  determine a method to break the tie.
         (d)  Within 24 hours after a promotional examination is
  given, the commission shall post the individual raw test scores on a
  bulletin board located in the main lobby of the sheriff's
  department.
         Sec. 158.045.  REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.  
  (a)  On request, each eligible promotional candidate is entitled to
  examine the person's promotional examination and answers, the
  examination grading, and the source material for the examination.
  If dissatisfied, the candidate may appeal, within seven days, to
  the commission for review in accordance with this subchapter.
         (b)  The eligible promotional candidate may not remove the
  examination or copy a question used in the examination.
         Sec. 158.046.  PROCEDURE FOR MAKING PROMOTIONAL
  APPOINTMENTS.  (a)  When a vacancy occurs in a nonentry, nonexempt
  position, the vacancy shall be filled as prescribed by this
  section. A vacancy in a position described by this subsection
  occurs on the date the position is vacated by:
               (1)  resignation;
               (2)  retirement;
               (3)  death;
               (4)  promotion; or
               (5)  an indefinite suspension that becomes final.
         (b)  If an eligibility list for the position to be filled
  exists on the date the vacancy occurs, the commission shall certify
  to the sheriff the names of the three persons having the highest
  grades on that eligibility list. The commission shall certify the
  names within 10 days after the date the commission is notified of
  the vacancy. If fewer than three names remain on the eligibility
  list or if only one or two eligible promotional candidates passed
  the promotional examination, each name on the list must be
  submitted to the sheriff.
         (c)  The commission shall submit names from an existing
  eligibility list to the sheriff until the vacancy is filled or the
  list is exhausted.
         (d)  If an eligibility list does not exist on the date a
  vacancy occurs or a new position is created, the commission shall
  hold an examination to create a new eligibility list within 90 days
  after the date the vacancy occurs or a new position is created.
         (e)  If an eligibility list exists on the date a vacancy
  occurs, the sheriff shall fill the vacancy by permanent appointment
  from the eligibility list furnished by the commission within 60
  days after the date the vacancy occurs. If an eligibility list does
  not exist, the sheriff shall fill the vacancy by permanent
  appointment from an eligibility list that the commission shall
  provide within 90 days after the date the vacancy occurs.
         (f)  Unless the sheriff has a valid reason for not appointing
  the candidate, the sheriff shall appoint the eligible promotional
  candidate having the highest grade on the eligibility list. If the
  sheriff has a valid reason for not appointing the eligible
  promotional candidate having the highest grade, the sheriff shall
  personally discuss the reason with the candidate being bypassed
  before appointing another candidate. The sheriff shall also file
  the reason in writing with the commission and shall provide the
  candidate with a copy of the written notice. The bypassed
  promotional candidate may appeal the decision in accordance with
  Section 158.037.
         (g)  If a candidate is bypassed, the candidate's name is
  returned to its place on the eligibility list and shall be
  resubmitted to the sheriff if another vacancy occurs. If the
  sheriff refuses three times to appoint a candidate, files the
  reasons for the refusals in writing with the commission, and the
  commission does not set aside the refusals, the candidate's name
  shall be removed from the eligibility list.
         (h)  Each promotional eligibility list remains in existence
  for one year after the date on which the written examination is
  given, unless exhausted. At the expiration of the one-year period,
  the eligibility list expires and a new examination may be held.
         Sec. 158.047.  TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
  (a)  When a vacancy occurs, the sheriff may designate an employee
  from the next lower classification to temporarily fill a position
  in a higher classification. The designated employee is entitled to
  the base salary of the higher position plus the employee's own
  longevity or seniority pay, educational incentive pay, if any, and
  certification pay, if any, during the time the employee performs
  the duties.
         (b)  The temporary performance of the duties of a higher
  position by an employee who has not been promoted as prescribed by
  this chapter may not be construed as a promotion.
         Sec. 158.048.  LEAVES OF ABSENCE; RESTRICTION PROHIBITED.  
  (a)  If a sufficient number of employees are available to carry out
  the normal functions of the department, an employee may not be
  refused a reasonable leave of absence without pay to attend a
  school, convention, or meeting if the purpose of the school,
  convention, or meeting is to secure a more efficient department and
  better working conditions for department personnel.
         (b)  A rule that affects an employee's constitutional right
  to appear before or to petition the legislature may not be adopted.
         Sec. 158.049.  MILITARY LEAVE OF ABSENCE. (a)  On written
  application of an employee, the commission shall grant the employee
  a military leave of absence without pay, notwithstanding Section
  158.050, to enable the employee to enter a branch of the United
  States military service. The leave of absence may not exceed the
  period of compulsory military service or the basic minimum
  enlistment period for the branch of service the employee enters.
         (b)  The commission shall grant to an employee a leave of
  absence for initial training or annual duty in the military
  reserves or the national guard.
         (c)  While an employee serves in the military, the commission
  shall fill the employee's position in the department in accordance
  with this subchapter. The employee who fills the position is
  subject to replacement by the employee who received the military
  leave at the time the employee returns to active duty in the
  department.
         (d)  On termination of active military service, an employee
  who received a military leave of absence under this section is
  entitled to be reinstated to the position that the employee held in
  the department at the time the leave of absence was granted if the
  employee:
               (1)  receives an honorable discharge;
               (2)  remains physically and mentally fit to discharge
  the duties of that position; and
               (3)  makes an application for reinstatement within 90
  days after the date the employee is discharged from military
  service.
         (e)  On reinstatement, the employee shall receive full
  seniority credit for the time spent in the military service.
         (f)  If the reinstatement of an employee causes that
  employee's replacement to be returned to a lower position in grade
  or compensation, the replaced employee has a preferential right to
  a subsequent appointment or promotion to the same or a similar
  position from which the employee was demoted. This preferential
  right has priority over an eligibility list and is subject to the
  replaced employee remaining physically and mentally fit to
  discharge the duties of that position.
         (g)  If an employee is called to active military duty for any
  period, the county must continue to maintain any health, dental, or
  life insurance coverage and any health or dental benefits coverage
  that the employee received from the county on the date the employee
  was called to active military duty until the county receives
  written instructions from the employee to change or discontinue the
  coverage.
         (h)  In addition to other procedures prescribed by this
  section, an employee may, without restriction as to the amount of
  time, voluntarily substitute for another employee who has been
  called to active federal military duty for a period expected to last
  12 months or longer. An employee who voluntarily substitutes under
  this subsection must be qualified to perform the duties of the
  absent employee.
         Sec. 158.050.  MILITARY LEAVE TIME ACCOUNTS. (a)  A county
  shall maintain a military leave time account for the sheriff's
  department.
         (b)  A military leave time account shall benefit an employee
  who:
               (1)  is a member of the Texas National Guard or the
  armed forces reserves of the United States;
               (2)  was called to active federal military duty while
  serving as an employee for the sheriff's department;
               (3)  has served on active duty for a period of at least
  12 continuous months; and
               (4)  has exhausted the balance of the employee's
  vacation, holiday, and compensatory leave time accumulations.
         (c)  An employee may donate any amount of accumulated
  vacation, holiday, sick, or compensatory leave time to the military
  leave time account in the department to help provide salary
  continuation for employees who qualify as eligible beneficiaries of
  the account under Subsection (b). An employee who wishes to donate
  time to an account under this section must authorize the donation in
  writing on a form provided by the department and approved by the
  county.
         (d)  A county shall equally distribute the leave time donated
  to a military leave time account among all employees who are
  eligible beneficiaries of the account. The county shall credit and
  debit the applicable military leave time account on an hourly basis
  regardless of the cash value of the time donated or used.
         Sec. 158.051.  LINE OF DUTY ILLNESS OR INJURY LEAVE OF
  ABSENCE. (a)  A county shall provide to an employee a leave of
  absence for an illness or injury related to the employee's
  activities performed in the line of duty. The leave is with full
  pay for a period commensurate with the nature of the line of duty
  illness or injury. If necessary, the leave shall continue for at
  least one year.
         (b)  At the end of the one-year period, the county's
  governing body may extend the line of duty illness or injury leave
  at full or reduced pay. If the employee's leave is not extended or
  the employee's salary is reduced below 60 percent of the employee's
  regular monthly salary, and the employee is a member of a pension
  fund, the employee may retire on pension until the employee is able
  to return to duty.
         (c)  If pension benefits are not available to an employee who
  is temporarily disabled by a line of duty injury or illness and if
  the year at full pay and any extensions granted by the governing
  body have expired, the employee may use accumulated sick leave,
  vacation time, and other accumulated time before the employee is
  placed on temporary leave.
         (d)  If an employee is temporarily disabled by an injury or
  illness that is not related to activities performed in the
  employee's line of duty, the employee may use all sick leave,
  vacation time, and other accumulated time before the employee is
  placed on temporary leave.
         (e)  After recovery from a temporary disability, an employee
  shall be reinstated at the same rank and with the same seniority the
  employee had before going on temporary leave.
         (f)  While an employee who is temporarily disabled is on
  leave, another employee may voluntarily do the work of the employee
  who is temporarily disabled or donate leave time to maintain the
  salary for the employee who is temporarily disabled until the
  temporarily disabled employee returns to duty.
         Sec. 158.052.  REAPPOINTMENT AFTER RECOVERY FROM
  DISABILITY. With the commission's approval and if otherwise
  qualified, an employee who has been certified by a physician
  selected by a pension fund as having recovered from a disability for
  which the employee has been receiving a monthly disability pension
  is eligible for reappointment to the classified position that the
  employee held on the date the employee qualified for the monthly
  disability pension.
         Sec. 158.053.  PERSONNEL FILE. (a)  The commission or the
  commission's designee shall maintain a personnel file on each
  employee. The personnel file must contain any letter, memorandum,
  or document relating to:
               (1)  a commendation, congratulation, or honor bestowed
  on the employee by a member of the public or by the department for an
  action, duty, or activity that relates to the employee's official
  duties;
               (2)  any misconduct by the employee if the letter,
  memorandum, or document is from the department and if the
  misconduct resulted in disciplinary action by the employing
  department in accordance with this subchapter; and
               (3)  the periodic evaluation of the employee by a
  supervisor.
         (b)  A letter, memorandum, or document relating to alleged
  misconduct by the employee may not be placed in the employee's
  personnel file if the department determines that there is
  insufficient evidence to sustain the charge of misconduct.
         (c)  A letter, memorandum, or document relating to
  disciplinary action taken against the employee or to alleged
  misconduct by the employee that is placed in the employee's
  personnel file as provided by Subsection (a)(2) shall be removed
  from the employee's file if the commission finds that:
               (1)  the disciplinary action was taken without just
  cause; or
               (2)  the charge of misconduct was not supported by
  sufficient evidence.
         (d)  If a negative letter, memorandum, document, or other
  notation of negative impact is included in an employee's personnel
  file, the commission or the commission's designee shall, within 30
  days after the date of the inclusion, notify the affected employee.
  The employee may, on or before the 15th day after the date of
  receipt of the notification, file a written response to the
  negative letter, memorandum, document, or other notation.
         (e)  The employee is entitled, on request, to a copy of any
  letter, memorandum, or document placed in the employee's personnel
  file. The county may charge the employee a reasonable fee not to
  exceed the actual cost for any copies provided under this
  subsection.
         (f)  The commission or the commission's designee may not
  release any information contained in an employee's personnel file
  without first obtaining the employee's written permission, unless
  the release of the information is required by law.
         (g)  The department may maintain a personnel file on an
  employee for the department's use, but the department may not
  release any information contained in the department file to any
  agency or person requesting information relating to the employee.
  The department shall refer to the commission or the commission's
  designee a person or agency that requests information that is
  maintained in the employee's personnel file.
         Sec. 158.054.  INVESTIGATION OF EMPLOYEES. (a)  In this
  section:
               (1)  "Complainant" means a person claiming to be the
  victim of misconduct by an employee.
               (2)  "Investigation" means an administrative
  investigation, conducted by the county, of alleged misconduct by an
  employee that could result in punitive action against that
  employee.
               (3)  "Investigator" means an agent or employee of the
  county who is assigned to conduct an investigation.
               (4)  "Normally assigned working hours" includes those
  hours during which an employee is actually at work or at the
  employee's assigned place of work, but does not include any time
  when the employee is off duty on authorized leave, including sick
  leave.
               (5)  "Punitive action" means a disciplinary
  suspension, indefinite suspension, demotion in rank, reprimand, or
  any combination of those actions.
         (b)  An investigator may interrogate an employee who is the
  subject of an investigation only during the employee's normally
  assigned working hours unless:
               (1)  the seriousness of the investigation, as
  determined by the sheriff or the sheriff's designee, requires
  interrogation at another time; and
               (2)  the employee is compensated for the interrogation
  time on an overtime basis.
         (c)  The sheriff may not consider work time missed from
  regular duties by an employee due to participation in the conduct of
  an investigation in determining whether to impose a punitive action
  or in determining the severity of a punitive action.
         (d)  An investigator may not interrogate an employee who is
  the subject of an investigation or conduct any part of the
  investigation at that employee's home without that employee's
  permission.
         (e)  A person may not be assigned to conduct an investigation
  if the person is the complainant, the ultimate decision maker
  regarding disciplinary action, or a person who has any personal
  involvement regarding the alleged misconduct. An employee who is
  the subject of an investigation has the right to inquire and, on
  inquiry, to be informed of the identities of each investigator
  participating in an interrogation of the employee.
         (f)  Before an investigator may interrogate an employee who
  is the subject of an investigation, the investigator must inform
  the employee in writing of the nature of the investigation and the
  name of each person who complained about the employee concerning
  the matters under investigation. An investigator may not conduct
  an interrogation of an employee based on a complaint by a
  complainant who is not a peace officer unless the complainant
  verifies the complaint in writing before a public officer who is
  authorized by law to take statements under oath. In an
  investigation authorized under this subsection, an investigator
  may interrogate an employee about events or conduct reported by a
  witness who is not a complainant without disclosing the name of the
  witness. Not later than the 48th hour before the hour on which an
  investigator begins to interrogate an employee regarding an
  allegation based on a complaint, affidavit, or statement, the
  investigator shall give the employee a copy of the affidavit,
  complaint, or statement. An interrogation may be based on a
  complaint from an anonymous complainant if the departmental
  employee receiving the anonymous complaint certifies in writing,
  under oath, that the complaint was anonymous. This subsection does
  not apply to an on-the-scene investigation that occurs immediately
  after an incident being investigated if the limitations of this
  subsection would unreasonably hinder the essential purpose of the
  investigation or interrogation. If the limitation would hinder the
  investigation or interrogation, the employee under investigation
  must be furnished, as soon as practicable, a written statement of
  the nature of the investigation, the name of each complaining
  party, and the complaint, affidavit, or statement.
         (g)  An interrogation session of an employee who is the
  subject of an investigation may not be unreasonably long. In
  determining reasonableness, the gravity and complexity of the
  investigation must be considered. The investigators shall allow
  reasonable interruptions to permit the employee to attend to
  personal physical necessities.
         (h)  An investigator may not threaten an employee who is the
  subject of an investigation with punitive action during an
  interrogation. However, an investigator may inform an employee
  that failure to truthfully answer reasonable questions directly
  related to the investigation or to fully cooperate in the conduct of
  the investigation may result in punitive action.
         (i)  If prior notification of intent to record an
  interrogation is given to the other party, either the investigator
  or the employee who is the subject of an interrogation may record
  the interrogation.
         (j)  If an investigation does not result in punitive action
  against an employee but does result in a reprimand recorded in
  writing or an adverse finding or determination regarding that
  employee, the reprimand, finding, or determination may not be
  placed in that employee's personnel file unless the employee is
  first given an opportunity to read and sign the document. If the
  employee refuses to sign the reprimand, finding, or determination,
  it may be placed in the personnel file with a notation that the
  employee refused to sign it. An employee may respond in writing to
  a reprimand, finding, or determination that is placed in the
  employee's personnel file under this subsection by submitting a
  written response to the commission within 10 days after the date the
  employee is asked to sign the document. The response must be placed
  in the personnel file. An employee who receives a punitive action
  and who elects not to appeal the action may file a written response
  as prescribed by this subsection within 10 days after the date the
  employee is given written notice of the punitive action from the
  sheriff.
         (k)  If the sheriff or any investigator violates any of the
  provisions of this section while conducting an investigation, the
  commission shall reverse any punitive action taken pursuant to the
  investigation, including a reprimand, and any information obtained
  during the investigation shall be specifically excluded from
  introduction into evidence in any proceeding against the employee.
         Sec. 158.055.  GRIEVANCE PROCEDURE. (a)  An employee may
  file a grievance as provided by this subchapter. The employee may
  file a grievance that relates to the employee's employment,
  including matters relating to a written or oral reprimand,
  transfers, job performance reviews, and job assignments. The
  employee may not file a grievance relating to:
               (1)  a disciplinary suspension, indefinite suspension,
  promotional pass over, or demotion or other action or decision for
  which a hearing, review, or appeal is otherwise provided by this
  subchapter; or
               (2)  an allegation of discrimination based, in whole or
  in part, on race, color, religion, sex, or national origin.
         (b)  The commission shall monitor and assist the operation of
  the grievance procedure. The commission's duties include:
               (1)  aiding the department and departmental grievance
  counselors;
               (2)  notifying the parties of meetings;
               (3)  docketing cases before the grievance examiner; and
               (4)  ensuring that the grievance procedure operates
  timely and effectively.
         (c)  The sheriff shall appoint from among the members of the
  department a grievance counselor whose duties include:
               (1)  providing appropriate grievance forms to an
  employee;
               (2)  accepting, on behalf of the sheriff, a step I or II
  grievance;
               (3)  assisting the employee in handling the grievance;
               (4)  forwarding a copy of a step I or II grievance form
  to the commission and notifying the sheriff;
               (5)  arranging a meeting between the employee and that
  employee's immediate supervisor as prescribed by Section
  158.056(b);
               (6)  arranging a meeting described by Section
  158.057(b); and
               (7)  performing other duties that the sheriff may
  assign.
         (d)  The grievance procedure consists of four steps. In any
  step of the grievance process in which the aggrieved employee's
  immediate supervisor is included, the sheriff or the departmental
  grievance counselor may add an appropriate supervisor who is not
  the employee's immediate supervisor or may designate that
  supervisor to replace the employee's immediate supervisor, if the
  sheriff or grievance counselor determines that the other supervisor
  has the authority to resolve the employee's grievance.
         Sec. 158.056.  STEP I GRIEVANCE PROCEDURE. (a)  To begin a
  grievance action, an employee must file a completed written step I
  grievance form with the departmental grievance counselor within 30
  days after the date the action or inaction for which the employee
  feels aggrieved occurred. A step I grievance form may be obtained
  from the departmental grievance counselor. If the form is not
  timely filed, the grievance is waived.
         (b)  If the step I grievance form is timely filed under
  Subsection (a), the departmental grievance counselor shall arrange
  a meeting of the employee, that employee's immediate supervisor or
  other appropriate supervisor or both, and the person or persons
  against whom the grievance is lodged. The departmental grievance
  counselor shall schedule the step I meeting within 30 calendar days
  after the date the form is filed. If the grievance is lodged against
  the sheriff, the sheriff may send a representative.
         (c)  The employee's immediate supervisor or other
  appropriate supervisor, or both, shall fully, candidly, and openly
  discuss the grievance with the employee in a sincere attempt to
  resolve it.
         (d)  Regardless of the outcome of the meeting, the employee's
  immediate supervisor or other appropriate supervisor, or both,
  shall provide a written response to the employee, with a copy to the
  grievance counselor, within 15 calendar days after the date the
  meeting occurs. The response must include the supervisor's
  evaluation and proposed solution. The response shall either be
  personally delivered to the employee or be mailed by certified
  mail, return receipt requested, to the last home address provided
  by that employee.
         (e)  If the proposed solution is not acceptable, the employee
  may file a step II grievance form with the departmental grievance
  counselor in accordance with Section 158.057. If the aggrieved
  employee fails to timely file a step II grievance form, the solution
  is considered accepted.
         Sec. 158.057.  STEP II GRIEVANCE PROCEDURE. (a)  To continue
  the grievance procedure, the employee must complete a step II
  grievance form and file it with the sheriff or the departmental
  grievance counselor within 15 calendar days after the date the
  employee receives the supervisor's response under Section 158.056.
         (b)  If the step II grievance form is timely filed under
  Subsection (a), the departmental grievance counselor shall arrange
  a meeting of the employee, that employee's immediate supervisor or
  other appropriate supervisor or both, and the sheriff or the
  sheriff's representative who must have a rank of at least captain or
  the equivalent. The meeting shall be held within 15 calendar days
  after the date the form is filed.
         (c)  Regardless of the outcome of the meeting, the sheriff or
  the sheriff's representative shall provide a written response to
  the employee within 15 calendar days after the date the meeting
  occurs. The response shall either be personally delivered to the
  employee or be mailed by certified mail, return receipt requested,
  to the last home address provided by that employee.
         (d)  If the proposed solution is not acceptable, the employee
  may either submit a written request stating the employee's decision
  to appeal to an independent third-party hearing examiner pursuant
  to the provisions of Section 158.0373 or file a step III grievance
  form with the director in accordance with Section 158.058. If the
  employee fails to timely file a step III grievance form or a written
  request to appeal to a hearing examiner, the solution is considered
  accepted. Notwithstanding Section 158.0373(i), if the employee
  prevails and the hearing examiner upholds the grievance in its
  entirety, the department shall bear the cost of the appeal to the
  hearing examiner. If the employee fails to prevail and the hearing
  examiner denies the grievance in its entirety, the employee shall
  bear the cost of the appeal to the hearing examiner. If neither
  party entirely prevails and the hearing examiner upholds part of
  the grievance and denies part of it, the hearing examiner's fees and
  expenses shall be shared equally by the employee and the
  department.
         Sec. 158.058.  STEP III GRIEVANCE PROCEDURE. (a)  To
  continue the grievance procedure, an employee who did not appeal to
  a hearing examiner under Section 158.057(d) must complete a step
  III grievance form and file it with the commission within 15
  calendar days after the date the employee receives the sheriff's
  response under Section 158.057.
         (b)  If the step III grievance form is timely filed under
  Subsection (a), the commission shall arrange a hearing of the
  employee and a grievance examiner to be appointed by the commission
  under Section 158.060. The hearing shall be held within 15 of the
  aggrieved employee's working days after the date the form is filed.
         (c)  A hearing shall be conducted as an informal
  administrative procedure. Grievances arising out of the same or
  similar fact situations may be heard at the same hearing. A court
  reporter shall record the hearing. All witnesses shall be examined
  under oath. The employee, the employee's immediate supervisor or
  other appropriate supervisor or both, the sheriff or the sheriff's
  designated representative or both, and each person specifically
  named in the grievance are parties to the hearing. The burden of
  proof is on the aggrieved employee.
         (d)  The grievance examiner shall make written findings and a
  recommendation for solution of the grievance within 15 calendar
  days after the date the hearing ends. The findings and
  recommendation shall be given to the commission and copies mailed
  to the employee by certified mail, return receipt requested, at the
  last home address provided by that employee, and to the sheriff.
         (e)  If the proposed solution is not acceptable to either the
  employee or the sheriff, either party may file a step IV grievance
  form with the commission in accordance with Section 158.059. If the
  employee or the sheriff fails to timely file a step IV grievance
  form, the solution is considered accepted by that person.
         Sec. 158.059.  STEP IV GRIEVANCE PROCEDURE. (a)  If the
  sheriff or the employee rejects the proposed solution under Section
  158.058, the sheriff, the sheriff's designated representative, or
  the employee must complete a step IV grievance form and file it with
  the commission within 15 calendar days after the date the person
  receives the grievance examiner's recommendation.
         (b)  The commission shall review the grievance examiner's
  findings and recommendation and consider the transcript of the step
  III hearing at the commission's next regularly scheduled meeting or
  as soon as practicable. The transcript shall be filed within 30
  days of the step IV grievance being filed. The commission may for
  good cause shown grant a reasonable delay not to exceed 30 days to
  file the transcript. In no event may the commission render a
  decision later than 30 days after the date the transcript is filed.
  If the commission does not render a decision within 30 days after
  the date the transcript is filed, the commission shall sustain the
  employee's grievance.
         (c)  The commission shall base its decision solely on the
  transcript and demonstrative evidence offered and accepted at the
  step III hearing. The commission shall furnish a written copy of
  the order containing its decision to the employee, the sheriff, and
  the grievance examiner. The copy to the employee shall be mailed by
  certified mail, return receipt requested, to the last home address
  provided by that employee. The commission decision is final.
         Sec. 158.060.  GRIEVANCE EXAMINER. (a)  The commission
  shall appoint a grievance examiner by a majority vote. The
  commission may appoint more than one grievance examiner if
  necessary. The commission may appoint a different grievance
  examiner for each grievance. An examiner may not be affiliated with
  any other department and is responsible only to the commission. The
  commission shall pay an examiner from a special budget established
  for this purpose, and shall provide an examiner sufficient office
  space and clerical support.
         (b)  The grievance examiner may:
               (1)  impose a reasonable limit on the time allowed each
  party and the number of witnesses to be heard;
               (2)  administer oaths;
               (3)  examine a witness under oath;
               (4)  subpoena and require the attendance of witnesses
  or the production of documents, books, or other pertinent material;
  and
               (5)  accept affidavits instead of or in addition to
  live testimony.
         Sec. 158.061.  SPECIAL PROVISIONS FOR STEPS I AND II. (a)  
  If the aggrieved employee's immediate supervisor is the sheriff,
  the steps prescribed by Sections 158.056 and 158.057 are combined.
  The sheriff shall meet with the aggrieved employee and may not
  appoint a representative.
         (b)  A sheriff, with the approval of the commission, may
  change the procedure prescribed by Sections 158.056 and 158.057 to
  reflect a change in a department's chain of command.
         Sec. 158.062.  MISCELLANEOUS GRIEVANCE PROVISIONS. (a)  An
  employee may, but is not required to, obtain a representative at any
  time during the grievance procedure. The county is not obligated to
  provide or pay the costs of providing representation. The
  representative:
               (1)  is not required to be an attorney;
               (2)  is entitled to be present to advise the employee;
               (3)  is entitled to present any evidence or information
  for the employee; and
               (4)  may not be prevented from fully participating in
  any of the grievance proceedings.
         (b)  An employee may take reasonable time off from a job
  assignment to file a grievance and attend a meeting or hearing.
  Time taken to pursue a grievance may not be charged against that
  employee.  The employee shall be compensated on an overtime basis
  for the time that employee spends at a grievance meeting or hearing
  if:
               (1)  the meeting or hearing is scheduled at a time other
  than that employee's normally assigned working hours; and
               (2)  that employee prevails in the grievance.
         (c)  If notice that a grievance meeting or hearing is to be
  recorded is provided to all persons present at the meeting or
  hearing, the employee, the sheriff, or the sheriff's designee may
  record the meeting or hearing.
         (d)  The commission shall provide a suitable notice
  explaining the grievance procedure prescribed by this subchapter
  and furnish copies to the department. The notice shall be posted in
  a prominent place or places within the department work areas to give
  reasonable notice of the grievance procedure to each member of the
  department.
         (e)  At the request of the sheriff or an employee who has
  filed a grievance under this subchapter, the county's legal
  department or the commission shall assist in resolving the
  grievance.
         (f)  The commission is the official final custodian of all
  records involving grievances. A depository for closed files
  regarding grievances shall be maintained by the commission.
         (g)  An employee who files a grievance pursuant to this
  section and Sections 158.055 through 158.061 is entitled to 48
  hours notice of any meeting or hearing scheduled under Section
  158.056(b), 158.057(b), 158.058(b), or 158.059(b). In the event
  that the employee is not given 48 hours advance notice, the
  employee's grievance shall be automatically sustained and no
  further action may be had on the grievance.
         (h)  If the decision of the commission under Section 158.059
  or the decision of a hearing examiner under Section 158.057 that has
  become final is favorable to an employee, the sheriff shall
  implement the relief granted to the employee not later than the 10th
  day after the date on which the decision was issued. If the sheriff
  intentionally fails to implement the relief within the 10-day
  period, the county shall pay the employee $1,000 for each day after
  the 10-day period that the decision is not yet implemented.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.