Texas 2015 - 84th Regular

Texas House Bill HB3752 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11240 TJB-F
2	2	By: Lucio III H.B. No. 3752
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an appeal by certain law enforcement agency employees
8	8	under county civil service to an independent third-party hearing
9	9	examiner.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 158, Local Government
12	12	Code, is amended by adding Section 158.0125 to read as follows:
13	13	Sec. 158.0125. APPEAL TO HEARING EXAMINER BY LAW
14	14	ENFORCEMENT AGENCY EMPLOYEE. (a) In this section, "law
15	15	enforcement agency employee" means a person subject to a civil
16	16	service system created under this subchapter who is an employee of a
17	17	sheriff's or constable's department.
18	18	(b) In addition to other notice requirements under this
19	19	subchapter, a written notice for a demotion or disciplinary action
20	20	issued to a law enforcement agency employee must state that in an
21	21	appeal of a termination or indefinite suspension, a suspension of
22	22	not less than three days, or a recommended demotion, the employee
23	23	may appeal to an independent third-party hearing examiner instead
24	24	of to the commission. The letter must state that if the employee
25	25	appeals to a hearing examiner, the employee waives the right to
26	26	appeal to district court except as provided by Subsection (k).
27	27	Failure to provide notice under this subsection does not affect the
28	28	employee's right to appeal to an independent third-party hearing
29	29	examiner under this section.
30	30	(c) To appeal to a hearing examiner, a law enforcement
31	31	agency employee must submit to the commission a written request as
32	32	part of any original notice of appeal required under this
33	33	subchapter stating the employee's decision to appeal to an
34	34	independent third-party hearing examiner.
35	35	(d) A hearing examiner's decision is final and binding on
36	36	all parties. If a law enforcement agency employee decides to appeal
37	37	to an independent third-party hearing examiner, the employee waives
38	38	the right to appeal to district court except as provided by
39	39	Subsection (k).
40	40	(e) If a law enforcement agency employee appeals to a
41	41	hearing examiner, the employee and the sheriff or constable, as
42	42	applicable, or their designees, shall attempt to agree on the
43	43	selection of an impartial hearing examiner. If the parties do not
44	44	agree on the selection of a hearing examiner within 10 days after
45	45	the date the appeal is filed, the commission shall immediately
46	46	request a list of seven qualified and neutral arbitrators from the
47	47	American Arbitration Association or the Federal Mediation and
48	48	Conciliation Service, or their successors in function. The
49	49	parties, or their designees, may agree on one of the seven
50	50	arbitrators on the list. If the parties do not agree within five
51	51	business days after the date the list is received, the parties, or
52	52	their designees, shall alternate striking a name from the list and
53	53	the name remaining is the hearing examiner. The parties, or their
54	54	designees, must agree on a date for the hearing.
55	55	(f) An appeal hearing shall begin as soon as a hearing
56	56	examiner can be scheduled. If a hearing examiner cannot begin the
57	57	hearing within 45 days after the date of selection, the employee
58	58	may, within two days after learning of that fact, call for the
59	59	selection of a new hearing examiner using the procedure under
60	60	Subsection (e).
61	61	(g) In a hearing conducted under this section, the hearing
62	62	examiner has the same powers and duties as the commission,
63	63	including any right to issue subpoenas.
64	64	(h) In a hearing conducted under this section, the parties
65	65	may agree to an expedited hearing procedure. Unless otherwise
66	66	agreed to by the parties, in an expedited procedure a hearing
67	67	examiner shall render a decision on the appeal within 10 days after
68	68	the date the hearing ends.
69	69	(i) In an appeal that does not involve an expedited hearing
70	70	procedure, a hearing examiner shall make a reasonable effort to
71	71	render a decision on the appeal within 30 days after the date the
72	72	hearing ends or the briefs are filed. A hearing examiner's
73	73	inability to meet the time requirements imposed by this section
74	74	does not affect the hearing examiner's jurisdiction, the validity
75	75	of the disciplinary action, or the hearing examiner's final
76	76	decision.
77	77	(j) The parties are jointly liable for the hearing
78	78	examiner's fees and expenses. The costs of a witness are paid by
79	79	the party who calls the witness.
80	80	(k) A district court may hear an appeal of a hearing
81	81	examiner's award only on the grounds that the hearing examiner was
82	82	without jurisdiction or exceeded the hearing examiner's
83	83	jurisdiction or that the order was procured by fraud, collusion, or
84	84	other unlawful means. An appeal must be brought in the district
85	85	court having jurisdiction in the county in which the department is
86	86	located.
87	87	SECTION 2. Subchapter B, Chapter 158, Local Government
88	88	Code, is amended by adding Section 158.0375 to read as follows:
89	89	Sec. 158.0375. APPEAL TO HEARING EXAMINER BY SHERIFF'S
90	90	DEPARTMENT EMPLOYEE. (a) In addition to other notice requirements
91	91	under this subchapter, a written notice for a demotion or
92	92	disciplinary action issued to an employee must state that in an
93	93	appeal of a termination or indefinite suspension, a suspension of
94	94	not less than three days, or a recommended demotion, the employee
95	95	may appeal to an independent third-party hearing examiner instead
96	96	of to the commission. The letter must state that if the employee
97	97	appeals to a hearing examiner, the employee waives the right to
98	98	appeal to district court except as provided by Subsection (j).
99	99	Failure to provide notice under this subsection does not affect the
100	100	employee's right to appeal to an independent third-party hearing
101	101	examiner under this section.
102	102	(b) To appeal to a hearing examiner, an employee must submit
103	103	to the commission a written request as part of any original notice
104	104	of appeal required under this subchapter stating the employee's
105	105	decision to appeal to an independent third-party hearing examiner.
106	106	(c) A hearing examiner's decision is final and binding on
107	107	all parties. If an employee decides to appeal to an independent
108	108	third-party hearing examiner, the employee waives the right to
109	109	appeal to district court except as provided by Subsection (j).
110	110	(d) If an employee appeals to a hearing examiner, the
111	111	employee and the sheriff, or their designees, shall attempt to
112	112	agree on the selection of an impartial hearing examiner. If the
113	113	employee and the sheriff do not agree on the selection of a hearing
114	114	examiner within 10 days after the date the appeal is filed, the
115	115	commission shall immediately request a list of seven qualified and
116	116	neutral arbitrators from the American Arbitration Association or
117	117	the Federal Mediation and Conciliation Service, or their successors
118	118	in function. The employee and the sheriff, or their designees, may
119	119	agree on one of the seven arbitrators on the list. If the employee
120	120	and the sheriff do not agree within five business days after the
121	121	date the list is received, the employee and the sheriff, or their
122	122	designees, shall alternate striking a name from the list and the
123	123	name remaining is the hearing examiner. The employee and the
124	124	sheriff, or their designees, must agree on a date for the hearing.
125	125	(e) An appeal hearing shall begin as soon as a hearing
126	126	examiner can be scheduled. If a hearing examiner cannot begin the
127	127	hearing within 45 days after the date of selection, the employee
128	128	may, within two days after learning of that fact, call for the
129	129	selection of a new hearing examiner using the procedure under
130	130	Subsection (d).
131	131	(f) In a hearing conducted under this section, the hearing
132	132	examiner has the same powers and duties as the commission,
133	133	including any right to issue subpoenas.
134	134	(g) In a hearing conducted under this section, the employee
135	135	and the sheriff may agree to an expedited hearing procedure. Unless
136	136	otherwise agreed to by the employee and the sheriff, in an expedited
137	137	procedure a hearing examiner shall render a decision on the appeal
138	138	within 10 days after the date the hearing ends.
139	139	(h) In an appeal that does not involve an expedited hearing
140	140	procedure, a hearing examiner shall make a reasonable effort to
141	141	render a decision on the appeal within 30 days after the date the
142	142	hearing ends or the briefs are filed. A hearing examiner's
143	143	inability to meet the time requirements imposed by this section
144	144	does not affect the hearing examiner's jurisdiction, the validity
145	145	of the disciplinary action, or the hearing examiner's final
146	146	decision.
147	147	(i) The parties are jointly liable for the hearing
148	148	examiner's fees and expenses. The costs of a witness are paid by
149	149	the party who calls the witness.
150	150	(j) A district court may hear an appeal of a hearing
151	151	examiner's award only on the grounds that the hearing examiner was
152	152	without jurisdiction or exceeded the hearing examiner's
153	153	jurisdiction or that the order was procured by fraud, collusion, or
154	154	other unlawful means. An appeal must be brought in the district
155	155	court having jurisdiction in the county in which the department is
156	156	located.
157	157	SECTION 3. The changes in law made by this Act apply only to
158	158	an appeal to an independent third-party hearing examiner under
159	159	Chapter 158, Local Government Code, as amended by this Act,
160	160	following notice of demotion or disciplinary action given on or
161	161	after the effective date of this Act. An appeal following notice
162	162	given before the effective date of this Act is governed by the law
163	163	in effect on the date the notice was given, and the former law is
164	164	continued in effect for that purpose.
165	165	SECTION 4. This Act takes effect September 1, 2015.