87R5172 SGM-F
 
  By: Perez H.B. No. 1217
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a constable's department civil
  service system in certain counties; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 158, Local Government Code, is amended
  by adding Subchapter C to read as follows:
  SUBCHAPTER C. CONSTABLE'S DEPARTMENT CIVIL SERVICE SYSTEM IN
  CERTAIN COUNTIES
         Sec. 158.101.  DEFINITIONS. In this subchapter:
               (1)  "Commission" means a civil service commission for
  all of a county's employees.
               (2)  "Department" means a constable's department.
               (3)  "Employee" means a department employee, including
  a deputy constable.
         Sec. 158.102.  ELIGIBLE COUNTIES. A county with a
  population of more than 3.3 million may, in accordance with this
  subchapter, create a civil service system for all of the county's
  employees.
         Sec. 158.103.  ESTABLISHMENT BY PETITION AND ELECTION. (a)  
  If at least 20 percent of a county's employees sign a petition
  requesting an election under this section and present the petition
  to the county judge, the judge shall order an election on the
  question of the creation of a civil service system for all employees
  in the county.
         (b)  The county judge shall hold the election after the 15th
  day but on or before the 45th day after the date the petition is
  submitted.  The election must be by secret ballot and each employee
  is entitled to vote at the election.
         (c)  The ballots for the election shall be printed to provide
  for voting for or against the proposition: "Creation of a civil
  service system for all constable's department employees in the
  county."
         (d)  The county judge shall canvass the votes and declare the
  result.
         Sec. 158.104.  ESTABLISHMENT BY ORDER. In lieu of
  establishment under Section 158.103, the commissioners court of a
  county may by order create a civil service system for all employees
  in the county.
         Sec. 158.105.  APPOINTMENT OF COMMISSION. (a) If a majority
  of the employees voting at the election approve the creation of or
  the commissioners court by order creates a civil service system,
  each constable, the commissioners court, and the district attorney
  shall each appoint one person to serve as a member of the
  commission.
         (b)  The members of the commission shall elect one of the
  members as chair of the commission.
         (c)  Each member of the commission is appointed for a term of
  two years. 
         (d)  The person who appointed a member of the commission
  whose position becomes vacant shall appoint a person to serve the
  unexpired part of the member's term.
         (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.
         Sec. 158.106.  POWERS OF COMMISSION. (a)  The commission
  shall adopt, publish, and enforce rules regarding:
               (1)  selection and classification of employees;
               (2)  competitive examinations;
               (3)  promotions, seniority, and tenure;
               (4)  layoffs and dismissals;
               (5)  disciplinary actions;
               (6)  grievance procedures; 
               (7)  the rights of employees during an internal
  investigation; and
               (8)  other matters relating to the selection of
  employees and the procedural and substantive rights, advancement,
  benefits, and working conditions of employees.
         (b)  The commission may adopt or use as a guide any civil
  service law or rule of the United States, this state, or a political
  subdivision in this state to the extent that the law or rule
  promotes the purposes of this subchapter and is consistent with the
  needs and circumstances of the departments.
         (c)  A panel of three commissioners shall preside at the
  hearing and vote on the commission's final decision in any case
  involving termination, demotion, or recovery of back pay. A panel's
  decision is the final decision of the commission for purposes of
  Sections 158.107 and 158.110.  The commission shall adopt rules
  prescribing the commission's procedures for assigning members to a
  panel.  A panel may not include the member who was appointed to the
  commission by a constable when the hearing involves an employee
  from that constable's department.
         (d)  In rendering a final decision regarding a disciplinary
  action by the department, the commission may only sustain,
  overturn, or reduce the disciplinary action.  The commission may
  not enhance a disciplinary action by the department.
         Sec. 158.107.  PROCEDURES AFTER FELONY INDICTMENT OR
  MISDEMEANOR COMPLAINT. (a)  If an employee is indicted for a felony
  or officially charged with the commission of a Class A or B
  misdemeanor, the constable may temporarily suspend the employee
  with or without pay for a period not to exceed 30 days after the date
  of final disposition of the specified felony indictment or
  misdemeanor complaint.
         (b)  The constable shall notify the suspended employee in
  writing that the person is being temporarily suspended for a
  specific period, with or without pay, as applicable, and that the
  temporary suspension is not intended to reflect an opinion on the
  merits of the indictment or complaint.
         (c)  An employee indicted for a felony or officially charged
  with the commission of a Class A or B misdemeanor who has also been
  charged by the constable with a civil service rule violation
  directly related to the indictment or complaint may delay the civil
  service hearing for not more than 30 days after the date of the
  final disposition of the indictment or complaint.
         (d)  If the constable temporarily suspends an employee under
  this section and the employee is not found guilty as charged in the
  indictment or complaint in a court of competent jurisdiction, the
  employee may appeal to the commission for recovery of back pay.  The
  commission may:
               (1)  award all or part of the back pay; or
               (2)  modify or uphold the decision by the constable.
         (e)  Acquittal or dismissal of an indictment or a complaint
  does not mean that an employee has not violated a civil service rule
  and does not negate the charges that may have been or may be brought
  against the employee by the constable.
         (f)  Conviction of a felony is cause for dismissal, and
  conviction of a Class A or B misdemeanor may be cause for
  disciplinary action or dismissal.
         Sec. 158.108.  AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER
  OATHS; CRIMINAL OFFENSE. (a)  In a proceeding before the commission
  under this subchapter, the chair of the commission shall, on
  request of a person described by Subsection (b):
               (1)  administer oaths; and
               (2)  issue subpoenas and subpoenas duces tecum for the
  attendance of witnesses and for the production of documentary
  material.
         (b)  The affected employee, the county attorney, or a
  designee of the employee or the county attorney may request the
  chair of the commission to subpoena any books, records, documents,
  papers, accounts, or witnesses that the requestor considers
  relevant to the case.  The request must be made before the 10th day
  before the date a commission proceeding will be held.
         (c)  An oath administered under this section has the same
  force and effect as an oath administered by a magistrate in the
  magistrate's judicial capacity.
         (d)  A response to a subpoena duces tecum under this section
  is considered to have been made under oath.
         (e)  A person who is subpoenaed commits an offense if the
  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 both
  the fine and confinement.
         Sec. 158.109.  COMPENSATION AND STAFF. The members of the
  commission serve without compensation, but the commissioners court
  shall reimburse each member for actual and necessary expenses
  incurred in performing the member's duties.  The commissioners
  court shall provide the commission with adequate office space and
  sufficient funds to employ an adequate staff and to purchase
  necessary supplies and equipment.
         Sec. 158.110.  APPEALS. (a)  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.
         (b)  An appeal under this section is under the substantial
  evidence rule, and the judgment of the district court is appealable
  as in other civil cases.
         (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.
         Sec. 158.111.  REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. (a)  
  The same standards described by Section 158.0121 apply to an appeal
  under Section 158.110.
         (b)  The procedures for review under Section 158.110 are the
  same as provided by Section 158.0122.
         (c)  The commission may require a party who appeals a
  decision under Section 158.110 to pay the cost of preparing the
  commission record in the same manner provided by Section 158.0123.
         Sec. 158.112.  EXEMPTIONS. (a)  A person who is an employee
  on the date that a civil service system is adopted under this
  subchapter may not be required to take a competitive examination or
  perform any other act under this subchapter to maintain the
  person's employment.
         (b)  Each constable of a county may designate as exempt from
  the civil service system:
               (1)  the position of chief deputy;
               (2)  four positions in the rank immediately under the
  rank of chief deputy;
               (3)  one or more positions in the office of
  departmental legal counsel; and
               (4)  additional positions in the department except that
  the constable may not designate as exempt a total of more than 10
  positions.
         (c)  At the time a new constable takes office, an employee
  holding an exempt position may be transferred to the nonexempt
  position held by the employee immediately before being promoted to
  an exempt position.  A person who was not an officer in the
  department when appointed to an exempt position may be transferred
  only to an entry level position in accordance with the system's
  civil service rules.
         Sec. 158.113.  SYSTEM DISSOLUTION BY DEPARTMENT ELECTION.
  (a)  If, after a civil service system under this subchapter has been
  in effect in a county for at least one year, at least 20 percent of
  the employees in the county petition the county judge to dissolve
  the system, the judge shall order an election on the question of the
  dissolution of the civil service system.
         (b)  The county judge shall hold the election after the 15th
  day but on or before the 45th day after the date the petition is
  submitted.  The election must be by secret ballot and each employee
  is entitled to vote at the election.
         (c)  The ballots for the election shall be printed to provide
  for voting for or against the proposition: "Dissolution of the
  civil service system for all constable's department employees in
  the county."
         (d)  The county judge shall canvass the votes and declare the
  result.
         (e)  If the proposition is approved by a majority of the
  employees voting at the election, the county judge shall declare
  the civil service system dissolved.
         Sec. 158.114.  SYSTEM DISSOLUTION BY COUNTY ELECTION. (a)
  After a civil service system under this subchapter has been in
  effect in a county for at least one year, a person may file a
  petition signed by at least 10 percent of the registered voters of
  the county with the county judge for a countywide election on the
  dissolution of the civil service system.
         (b)  On receipt of a petition described by Subsection (a),
  the county judge shall order an election in the county on the
  question of the dissolution of the civil service system to be held
  in the county:
               (1)  on the next uniform election date that allows
  sufficient time to comply with applicable provisions of law; or
               (2)  at a special election called for that purpose.
         (c)  The ballots for the election described by Subsection (b)
  shall be printed to provide for voting for or against the
  proposition: "Dissolution of the civil service system for all
  constable's department employees in the county."
         (d)  If a majority of the voters voting at the election
  described by Subsection (b) approve dissolution, the county judge
  shall declare the civil service system dissolved.
         Sec. 158.115.  EXCLUSIVITY. A civil service system created
  under this subchapter and in effect applies to employees and
  departments to the exclusion of a civil service system in that
  county created under Subchapter A or another law.
         SECTION 2.  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, 2021.