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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures and practices governing the appeal of a |
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disciplinary action within the Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.007(f), Government Code, is amended |
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to read as follows: |
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(f) A discharged commissioned officer is entitled, on |
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application to the commission, to a public hearing before the |
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commission, who shall affirm, modify, or set aside the |
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discharge. The commission shall affirm, modify, or set aside a |
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discharge on the basis of the evidence presented to the |
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commission. If the commission affirms the discharge, the |
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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. If the commission sets aside or modifies the |
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discharge, including by prescribing a period of suspension or a |
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demotion, the commission may award back pay for all or part of the |
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period during which the commissioned officer was suspended without |
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pay. |
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SECTION 2. Section 411.0072(b), Government Code, is amended |
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to read as follows: |
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(b) The commission shall establish procedures and practices |
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governing the appeal of a disciplinary action within the |
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department. The procedures and practices must allow a commissioned |
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officer who is the subject of a disciplinary action to present |
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testimony and evidence to the commission at a hearing on the appeal. |
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SECTION 3. This Act takes effect September 1, 2021. |