Texas House Bill HB2931

Texas 2009 - 81st Regular

• Out of House Committee: 5/8/09

Caption

Relating to an appeal by a deputy sheriff under county civil service to an independent third-party hearing examiner.

Impact

The implementation of HB 2931 could lead to significant changes in the disciplinary processes for deputy sheriffs at the county level. By providing a clear pathway to an independent hearing, the bill may help ensure that deputy sheriffs receive a fair review of their disciplinary cases, which could foster a more just workplace environment. Moreover, since the decisions made by the hearing examiner are deemed final and binding, this can impact the civil service structure by potentially reducing the number of appeals that end up in district court, a situation that might have previously occurred when officers believed the process was not impartial.

Summary

House Bill 2931 addresses the appeal process for deputy sheriffs under county civil service by allowing them to appeal disciplinary actions to an independent third-party hearing examiner. This bill amends the Local Government Code by introducing a new section that outlines the procedures for deputy sheriffs choosing this alternative route for appeals, specifically concerning demotions, terminations, and other disciplinary actions that could affect their employment status. One key aspect of this bill is that it ensures that the notice provided to affected deputy sheriffs clearly states their option to appeal to the hearing examiner, thus promoting transparency in the process.

Contention

However, there may also be points of contention arising from the passage of this bill. Advocates for HB 2931 argue that establishing a third-party review process mitigates bias that might occur within the existing system where appeals could be reviewed by those internally affiliated with the sheriff’s department. Detractors may raise concerns regarding the costs of such independent hearings, including who would bear the financial responsibility for the hearing examiner's fees and expenses, as well as whether this could lead to an increased administrative burden on local governments. Furthermore, there could be questions about the sufficient qualification and neutrality of the hearing examiners chosen.