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A BILL TO BE ENTITLED
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AN ACT
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relating to sheriff's department civil service systems in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 158.012, Local Government Code, is amended |
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by amending Subsection (a) to read as follows: |
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APPEALS. (a) A county employee who, on a final decision by |
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the commission, is demoted, suspended, or removed from the |
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employee's position may appeal the decision by filing a petition in |
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a district court in the county within 30 days after the date of the |
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decision. unless the employee chooses to appeal to a third-party |
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hearing examiner. |
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(b) An appeal under this section is under the substantial |
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evidence rule, and the judgment of the district court is appealable |
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as in other civil cases. |
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(c) If the district court renders judgment for the |
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petitioner, the court may order reinstatement of the employee, |
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payment of back pay, or other appropriate relief. |
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SECTION 2: Chapter 158, Local Government Code is amended by |
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adding Section 158.013 to read as follows: |
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Sec. 158.013. HEARING EXAMINERS. (a) A written notice for |
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a promotional bypass, demotion, or notice of disciplinary action, |
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as applicable, issued to an employee must state that in an appeal of |
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a termination, a suspension, a promotional bypass, or a recommended |
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demotion, the appealing employee may elect to appeal to an |
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independent third-party hearing examiner instead of to the |
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commission. The letter must also state that if the employee elects |
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to appeal to a hearing examiner, the employee waives all rights to |
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appeal to a district court except as provided by Subsection (j). |
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(b) To exercise the choice of appealing to a hearing |
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examiner, the appealing employee must submit to the commission a |
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written request as part of the original notice of appeal required |
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under this subchapter stating the employee's decision to appeal to |
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an independent third-party hearing examiner. |
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(c) The hearing examiner's decision is final and binding on |
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all parties. If the employee decides to appeal to an independent |
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third-party hearing examiner, the employee waives all rights to |
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appeal to a district court except as provided by Subsection (j). |
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(d) If the employee chooses to appeal to a hearing examiner, |
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the employee and the sheriff, or their designees, shall first |
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attempt to agree on the selection of an impartial hearing examiner. |
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If the parties do not agree on the selection of a hearing examiner |
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on or within 10 days after the date the appeal is filed, the |
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commission shall immediately request a list of seven qualified |
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neutral arbitrators from the American Arbitration Association or |
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the Federal Mediation and Conciliation Service, or their successors |
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in function. The employee and the sheriff, or their designees, may |
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agree on one of the seven neutral arbitrators on the list. If they |
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do not agree within five working days after the date they received |
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the list, each party or the party's designee shall alternate |
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striking a name from the list and the name remaining is the hearing |
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examiner. The parties or their designees shall agree on a date for |
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the hearing. |
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(e) The appeal hearing shall begin as soon as the hearing |
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examiner can be scheduled. If the hearing examiner cannot begin the |
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hearing within 45 calendar days after the date of selection, the |
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employee may, within two days after learning of that fact, call for |
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the selection of a new hearing examiner using the procedure |
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prescribed by Subsection (d). |
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(f) In each hearing conducted under this section, the |
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hearing examiner has the same duties and powers as the commission, |
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including the right to issue subpoenas. |
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(g) In a hearing conducted under this section, the parties |
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may agree to an expedited hearing procedure. Unless otherwise |
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agreed by the parties, in an expedited procedure the hearing |
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examiner shall render a decision on the appeal within 10 days after |
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the date the hearing ended. |
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(h) In an appeal that does not involve an expedited hearing |
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procedure, the hearing examiner shall make a reasonable effort to |
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render a decision on the appeal within 30 days after the date the |
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hearing ends or the briefs are filed. The hearing examiner's |
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inability to meet the time requirements imposed by this section |
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does not affect the hearing examiner's jurisdiction, the validity |
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of the disciplinary action, or the hearing examiner's final |
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decision. |
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(i) The hearing examiner's fees and expenses are shared |
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equally by the appealing employee and by the department. The costs |
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of a witness are paid by the party who calls the witness. |
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(j) A district court may hear an appeal of a hearing |
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examiner's award only on the grounds that the hearing examiner was |
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without jurisdiction or exceeded the hearing examiner's |
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jurisdiction or that the order was procured by fraud, collusion, or |
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other unlawful means or the ruling was arbitrary or capricious. An |
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appeal must be brought in the district court having jurisdiction in |
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the county in which the department is located. An appeal under this |
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Subsection is under the substantial evidence rule, and the judgment |
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of the district court is appealable as in other civil cases. An |
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appeal to district court must: |
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Be filed with the district court with proper jurisdiction |
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within 45 days after the hearing examiner issued their final |
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ruling; and |
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State clearly the basis for the appeal. |
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(k) The hearing examiner may uphold, reduce, or overturn the |
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discipline imposed on the employee. |
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(l) No evidence of lost compensation shall be required by |
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the hearing examiner to award the employee compensation. If the |
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suspension, termination, or demotion is overturned or reduced, the |
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employee is entitled to: |
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(1) full compensation for the actual time lost as a |
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result of the suspension at the rate of pay provided for the |
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position or class of service from which the employee was suspended |
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or terminated; restoration of or credit for any other benefits lost |
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as a result of the suspension, including sick leave, vacation |
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leave, and service credit in a retirement system. Standard payroll |
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deductions, if any, for retirement and other benefits restored |
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shall be made from the compensation paid, and the county shall make |
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its standard corresponding contributions, if any, to the retirement |
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system or other applicable benefit systems; and |
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(2) In the case of an overturning of a demotion, the |
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employee is entitled to the difference in compensation between the |
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position they were demoted from and the position they held between |
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the demotion and the ruling of the hearing examiners. |
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(m) If an employee is owed a monetary award for backpay |
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after the final decision of the hearing examiner is rendered, the |
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county's obligations are the same as those provided by Section |
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158.0372. |
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SECTION 5. 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, 2023. |