82R10465 TJB-F
By: Martinez H.B. No. 2071
A BILL TO BE ENTITLED
AN ACT
relating to an appeal by a deputy sheriff under county civil service
to an independent third-party hearing examiner.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 158, Local Government
Code, is amended by adding Section 158.0125 to read as follows:
Sec. 158.0125. APPEAL TO HEARING EXAMINER BY DEPUTY
SHERIFF. (a) In addition to other notice requirements under this
subchapter, a written notice for a demotion or disciplinary action
issued to a deputy sheriff must state that in an appeal of a
termination or indefinite suspension, a suspension of not less than
three days, or a recommended demotion, a deputy may appeal to an
independent third-party hearing examiner instead of to the
commission. The letter must state that if a deputy appeals to a
hearing examiner, the deputy waives the right to appeal to district
court except as provided by Subsection (j). Failure to provide
notice under this subsection does not affect a deputy's right to
appeal to an independent third-party hearing examiner under this
section.
(b) To appeal to a hearing examiner, a deputy sheriff must
submit to the commission a written request as part of any original
notice of appeal required under this subchapter stating the
deputy's decision to appeal to an independent third-party hearing
examiner.
(c) A hearing examiner's decision is final and binding on
all parties. If a deputy sheriff decides to appeal to an
independent third-party hearing examiner, the deputy waives the
right to appeal to district court except as provided by Subsection
(j).
(d) If a deputy sheriff appeals to a hearing examiner, the
deputy and the sheriff, or their designees, shall attempt to agree
on the selection of an impartial hearing examiner. If the deputy
and the sheriff do not agree on the selection of a hearing examiner
within 10 days after the date the appeal is filed, the commission
shall request a list of seven qualified arbitrators from the
American Arbitration Association or the Federal Mediation and
Conciliation Service, or their successors in function. The deputy
and the sheriff, or their designees, may agree on one of the seven
arbitrators on the list. If the deputy and the sheriff do not agree
within five business days after the date the list is received, the
deputy and the sheriff, or their designees, shall alternate
striking a name from the list and the name remaining is the hearing
examiner. The deputy and the sheriff, or their designees, must
agree on a date for the hearing.
(e) An appeal hearing shall begin as soon as a hearing
examiner can be scheduled. If a hearing examiner cannot begin the
hearing within 45 days after the date of selection, the deputy
sheriff may, within two days after learning of that fact, call for
the selection of a new hearing examiner using the procedure under
Subsection (d).
(f) In a hearing conducted under this section, the hearing
examiner has the same powers and duties as the commission,
including any right to issue subpoenas.
(g) In a hearing conducted under this section, the deputy
and the sheriff may agree to an expedited hearing procedure. Unless
otherwise agreed to by the deputy and the sheriff, in an expedited
procedure a hearing examiner shall render a decision on the appeal
within 10 days after the date the hearing ends.
(h) In an appeal that does not involve an expedited hearing
procedure, a hearing examiner shall make a reasonable effort to
render a decision on the appeal within 30 days after the date the
hearing ends or the briefs are filed. A hearing examiner's
inability to meet the time requirements imposed by this section
does not affect the hearing examiner's jurisdiction, the validity
of the disciplinary action, or the hearing examiner's final
decision.
(i) A party who loses an appeal is liable for the hearing
examiner's fees and expenses. The costs of a witness are paid by
the party who calls the witness.
(j) A district court may hear an appeal of a hearing
examiner's award only on the grounds that the hearing examiner was
without jurisdiction or exceeded the hearing examiner's
jurisdiction or that the order was procured by fraud, collusion, or
other unlawful means. An appeal must be brought in the district
court having jurisdiction in the county in which the department is
located.
SECTION 2. Subchapter B, Chapter 158, Local Government
Code, is amended by adding Section 158.0375 to read as follows:
Sec. 158.0375. APPEAL TO HEARING EXAMINER BY DEPUTY
SHERIFF. (a) In addition to other notice requirements under this
subchapter, a written notice for a demotion or disciplinary action
issued to a deputy sheriff must state that in an appeal of a
termination or indefinite suspension, a suspension of not less than
three days, or a recommended demotion, a deputy may appeal to an
independent third-party hearing examiner instead of to the
commission. The letter must state that if a deputy appeals to a
hearing examiner, the deputy waives the right to appeal to district
court except as provided by Subsection (j). Failure to provide
notice under this subsection does not affect a deputy's right to
appeal to an independent third-party hearing examiner under this
section.
(b) To appeal to a hearing examiner, a deputy sheriff must
submit to the commission a written request as part of any original
notice of appeal required under this subchapter stating the
deputy's decision to appeal to an independent third-party hearing
examiner.
(c) A hearing examiner's decision is final and binding on
all parties. If a deputy sheriff decides to appeal to an
independent third-party hearing examiner, the deputy waives the
right to appeal to district court except as provided by Subsection
(j).
(d) If a deputy sheriff appeals to a hearing examiner, the
deputy and the sheriff, or their designees, shall attempt to agree
on the selection of an impartial hearing examiner. If the deputy
and the sheriff do not agree on the selection of a hearing examiner
within 10 days after the date the appeal is filed, the commission
shall request a list of seven qualified arbitrators from the
American Arbitration Association or the Federal Mediation and
Conciliation Service, or their successors in function. The deputy
and the sheriff, or their designees, may agree on one of the seven
arbitrators on the list. If the deputy and the sheriff do not agree
within five business days after the date the list is received, the
deputy and the sheriff, or their designees, shall alternate
striking a name from the list and the name remaining is the hearing
examiner. The deputy and the sheriff, or their designees, must
agree on a date for the hearing.
(e) An appeal hearing shall begin as soon as a hearing
examiner can be scheduled. If a hearing examiner cannot begin the
hearing within 45 days after the date of selection, the deputy
sheriff may, within two days after learning of that fact, call for
the selection of a new hearing examiner using the procedure under
Subsection (d).
(f) In a hearing conducted under this section, the hearing
examiner has the same powers and duties as the commission,
including any right to issue subpoenas.
(g) In a hearing conducted under this section, the deputy
and the sheriff may agree to an expedited hearing procedure. Unless
otherwise agreed to by the deputy and the sheriff, in an expedited
procedure a hearing examiner shall render a decision on the appeal
within 10 days after the date the hearing ends.
(h) In an appeal that does not involve an expedited hearing
procedure, a hearing examiner shall make a reasonable effort to
render a decision on the appeal within 30 days after the date the
hearing ends or the briefs are filed. A hearing examiner's
inability to meet the time requirements imposed by this section
does not affect the hearing examiner's jurisdiction, the validity
of the disciplinary action, or the hearing examiner's final
decision.
(i) A party who loses an appeal is liable for the hearing
examiner's fees and expenses. The costs of a witness are paid by
the party who calls the witness.
(j) A district court may hear an appeal of a hearing
examiner's award only on the grounds that the hearing examiner was
without jurisdiction or exceeded the hearing examiner's
jurisdiction or that the order was procured by fraud, collusion, or
other unlawful means. An appeal must be brought in the district
court having jurisdiction in the county in which the department is
located.
SECTION 3. The changes in law made by this Act apply only to
an appeal to an independent third-party hearing examiner under
Chapter 158, Local Government Code, as amended by this Act,
following notice of demotion or disciplinary action given on or
after the effective date of this Act. An appeal following notice
given before the effective date of this Act is governed by the law
in effect on the date the notice was given, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.