Texas House Bill HB2168

Texas 2009 - 81st Regular

• Out of House Committee: 4/14/09
• Voted on by House: 4/27/09
• Out of Senate Committee: 5/14/09
• Voted on by Senate: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the powers of a sheriff's department civil service commission in certain counties regarding an appeal of a disciplinary action.

Impact

The bill reflects an effort to provide a level of standardization in how disciplinary matters are handled within sheriff's departments. By restricting the commission's authority to increase penalties, the legislation potentially enhances the protection of employees against arbitrary or excessive disciplinary measures. This is expected to foster a sense of fairness and transparency in the disciplinary process. The bill applies solely to decisions made after its effective date, September 1, 2009, indicating that prior cases will remain under the jurisdiction of existing laws.

Summary

House Bill 2168 seeks to clarify and limit the powers of sheriff's department civil service commissions in certain counties regarding their authority in disciplinary actions. This legislation specifically provides that when a commission is rendering a decision on a disciplinary action, it may only sustain, overturn, or reduce the disciplinary action, and notably cannot enhance the disciplinary action taken by the department. This change aims to establish a more consistent and fair approach to disciplinary appeals within sheriff’s departments in the affected counties.

Contention

While the bill has a clear aim to streamline the appeals process for disciplinary action within sheriff's departments, there may be concerns regarding its impact on accountability. Some critics might argue that limiting the commission's ability to enhance disciplinary actions could prevent necessary measures from being taken in severe cases of misconduct. As such, discussions around the bill may involve balancing the need for due process for law enforcement personnel against the community's interests in accountability and public safety.