84R11240 TJB-F
By: Lucio III H.B. No. 3752
A BILL TO BE ENTITLED
AN ACT
relating to an appeal by certain law enforcement agency employees
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 LAW
ENFORCEMENT AGENCY EMPLOYEE. (a) In this section, "law
enforcement agency employee" means a person subject to a civil
service system created under this subchapter who is an employee of a
sheriff's or constable's department.
(b) In addition to other notice requirements under this
subchapter, a written notice for a demotion or disciplinary action
issued to a law enforcement agency employee must state that in an
appeal of a termination or indefinite suspension, a suspension of
not less than three days, or a recommended demotion, the employee
may appeal to an independent third-party hearing examiner instead
of to the commission. The letter must state that if the employee
appeals to a hearing examiner, the employee waives the right to
appeal to district court except as provided by Subsection (k).
Failure to provide notice under this subsection does not affect the
employee's right to appeal to an independent third-party hearing
examiner under this section.
(c) To appeal to a hearing examiner, a law enforcement
agency employee must submit to the commission a written request as
part of any original notice of appeal required under this
subchapter stating the employee's decision to appeal to an
independent third-party hearing examiner.
(d) A hearing examiner's decision is final and binding on
all parties. If a law enforcement agency employee decides to appeal
to an independent third-party hearing examiner, the employee waives
the right to appeal to district court except as provided by
Subsection (k).
(e) If a law enforcement agency employee appeals to a
hearing examiner, the employee and the sheriff or constable, as
applicable, or their designees, shall attempt to agree on the
selection of an impartial hearing examiner. If the parties do not
agree on the selection of a hearing examiner within 10 days after
the date the appeal is filed, the commission shall immediately
request a list of seven qualified and neutral arbitrators from the
American Arbitration Association or the Federal Mediation and
Conciliation Service, or their successors in function. The
parties, or their designees, may agree on one of the seven
arbitrators on the list. If the parties do not agree within five
business days after the date the list is received, the parties, or
their designees, shall alternate striking a name from the list and
the name remaining is the hearing examiner. The parties, or their
designees, must agree on a date for the hearing.
(f) 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 employee
may, within two days after learning of that fact, call for the
selection of a new hearing examiner using the procedure under
Subsection (e).
(g) 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.
(h) In a hearing conducted under this section, the parties
may agree to an expedited hearing procedure. Unless otherwise
agreed to by the parties, in an expedited procedure a hearing
examiner shall render a decision on the appeal within 10 days after
the date the hearing ends.
(i) 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.
(j) The parties are jointly liable for the hearing
examiner's fees and expenses. The costs of a witness are paid by
the party who calls the witness.
(k) 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 SHERIFF'S
DEPARTMENT EMPLOYEE. (a) In addition to other notice requirements
under this subchapter, a written notice for a demotion or
disciplinary action issued to an employee must state that in an
appeal of a termination or indefinite suspension, a suspension of
not less than three days, or a recommended demotion, the employee
may appeal to an independent third-party hearing examiner instead
of to the commission. The letter must state that if the employee
appeals to a hearing examiner, the employee waives the right to
appeal to district court except as provided by Subsection (j).
Failure to provide notice under this subsection does not affect the
employee's right to appeal to an independent third-party hearing
examiner under this section.
(b) To appeal to a hearing examiner, an employee must submit
to the commission a written request as part of any original notice
of appeal required under this subchapter stating the employee'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 an employee decides to appeal to an independent
third-party hearing examiner, the employee waives the right to
appeal to district court except as provided by Subsection (j).
(d) If an employee appeals to a hearing examiner, the
employee and the sheriff, or their designees, shall attempt to
agree on the selection of an impartial hearing examiner. If the
employee 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 immediately request a list of seven qualified and
neutral arbitrators from the American Arbitration Association or
the Federal Mediation and Conciliation Service, or their successors
in function. The employee and the sheriff, or their designees, may
agree on one of the seven arbitrators on the list. If the employee
and the sheriff do not agree within five business days after the
date the list is received, the employee and the sheriff, or their
designees, shall alternate striking a name from the list and the
name remaining is the hearing examiner. The employee 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 employee
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 employee
and the sheriff may agree to an expedited hearing procedure. Unless
otherwise agreed to by the employee 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) The parties are jointly 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, 2015.