85R22889 TJB-F
By: Neave H.B. No. 1756
Substitute the following for H.B. No. 1756:
By: Uresti C.S.H.B. No. 1756
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of one or more supplemental county
civil service commissions in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 158.001, Local Government Code, is
amended by adding Subdivision (4) to read as follows:
(4) "Supplemental commission" means a supplemental
commission established under Section 158.0085.
SECTION 2. Subchapter A, Chapter 158, Local Government
Code, is amended by adding Section 158.0085 to read as follows:
Sec. 158.0085. SUPPLEMENTAL COMMISSION IN CERTAIN
COUNTIES. (a) This section applies only to a county:
(1) with a population of more than two million that is
adjacent to a county with a population of more than one million; and
(2) in which a civil service system has been created
under this subchapter.
(b) The commissioners court of a county may establish one or
more supplemental commissions to assist the commission in
administering the system.
(c) The commissioners court shall appoint three individuals
to serve as members of each supplemental commission and shall
designate one of the members as chair of the supplemental
commission.
(d) Sections 158.008(b)-(e) apply to the appointment of a
member of a supplemental commission in the same manner that those
provisions apply to the appointment of a member of the commission.
SECTION 3. Section 158.009, Local Government Code, is
amended to read as follows:
Sec. 158.009. POWERS OF THE COMMISSION AND SUPPLEMENTAL
COMMISSIONS. (a) Except as provided by Subsection (a-1) and
Section 158.010, the commission shall adopt, publish, and enforce
rules regarding the following categories of matters:
(1) the definition of a county employee;
(2) selection and classification of county employees;
(3) competitive examinations;
(4) promotions, seniority, and tenure;
(5) layoffs and dismissals;
(6) disciplinary actions;
(7) grievance procedures; and
(8) other matters relating to the selection of county
employees and the procedural and substantive rights, advancement,
benefits, and working conditions of county employees.
(a-1) Notwithstanding any other provision of this
subchapter, a supplemental commission shall adopt, publish, or
enforce a rule regarding a category of matters listed under
Subsection (a) if the adoption, publication, or enforcement of the
rule is specifically delegated by category to the supplemental
commission by the commissioners court. If the commissioners court
has established more than one supplemental commission, the
commissioners court may not delegate the authority to adopt,
publish, or enforce a rule regarding a category of matters listed
under Subsection (a) to more than one of the supplemental
commissions. The commission may not adopt, publish, or enforce a
rule regarding a category of matters listed under Subsection (a) if
the commissioners court has delegated that authority to a
supplemental commission.
(b) The commission or a supplemental commission may adopt or
use as a guide any civil service law or rule of the United States,
this state, or a political subdivision in this state to the extent
that the law or rule promotes the purposes of this subchapter and
serves the needs of the county.
(c) The commission or a supplemental commission may not
adopt or enforce a rule requiring a county employee to retire
because of age. The commission or a supplemental commission may
adopt a rule requiring a county employee, on reaching an age set by
the commission, to submit annually to the commission an affidavit
from a physician stating that the employee is physically and
mentally capable of continuing employment.
SECTION 4. Sections 158.0095(a) and (b), Local Government
Code, are amended to read as follows:
(a) In a proceeding before the commission or a supplemental
commission under this subchapter, the chair [chairman] of the
commission or of the supplemental commission, as applicable, shall,
on request of a person described by Subsection (b):
(1) administer oaths; and
(2) issue subpoenas and subpoenas duces tecum for the
attendance of witnesses and for the production of documentary
material.
(b) The affected employee, the county attorney, or a
designee of the employee or county attorney may request the chair
[chairman] of the commission or of the supplemental commission, as
applicable, to subpoena any books, records, documents, papers,
accounts, or witnesses that the requestor considers relevant to the
case. The request must be made before the 15th day before the date
the applicable [a] commission or supplemental commission
proceeding will be held.
SECTION 5. Section 158.010(e), Local Government Code, is
amended to read as follows:
(e) The rules adopted by the commission or a supplemental
commission under Section 158.009 relating to the selection and
classification of county employees and to competitive examinations
for selection apply to the initial hiring of personnel under this
section.
SECTION 6. Section 158.011, Local Government Code, is
amended to read as follows:
Sec. 158.011. COMPENSATION AND STAFF. The members of the
commission and of a supplemental commission serve without
compensation, but the commissioners court shall reimburse each
member for all necessary expenses incurred in performing the
member's duties. The commissioners court shall provide the
commission with adequate office space for the commission and each
supplemental commission and sufficient funds to employ an adequate
staff and to purchase necessary supplies and equipment.
SECTION 7. Section 158.012(a), Local Government Code, is
amended to read as follows:
(a) A county employee who, on a final decision by the
commission or a supplemental commission, is demoted, suspended, or
removed from the employee's position may appeal the decision by
filing a petition in a district court in the county within 30 days
after the date of the decision.
SECTION 8. Section 158.0121, Local Government Code, is
amended to read as follows:
Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In
an appeal under Section 158.012, the district court may not
substitute its judgment for the judgment of the commission or a
supplemental commission on the weight of the evidence on questions
committed to the commission or supplemental commission's
discretion but:
(1) may affirm the commission or supplemental
commission's decision in whole or in part; and
(2) shall reverse or remand the case for further
proceedings if substantial rights of the petitioner have been
prejudiced because the commission or supplemental commission's
findings, inferences, conclusions, or decisions are:
(A) in violation of a constitutional or statutory
provision;
(B) in excess of the commission or supplemental
commission's authority;
(C) made through unlawful procedure;
(D) affected by other error of law;
(E) not reasonably supported by substantial
evidence considering the reliable and probative evidence in the
record as a whole; or
(F) arbitrary or capricious, characterized by
abuse of discretion, or clearly an unwarranted exercise of
discretion.
SECTION 9. Section 158.0122, Local Government Code, is
amended to read as follows:
Sec. 158.0122. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL
EVIDENCE RULE. (a) After service of the petition on the commission
or a supplemental commission and within the time permitted for
filing an answer or within additional time allowed by the court, the
commission or supplemental commission, as applicable, shall send to
the reviewing court the original or a certified copy of the entire
record of the proceeding under review. The record shall be filed
with the clerk of the court. The record may be shortened by
stipulation of all parties to the review proceedings. The court may
assess additional costs against a party who unreasonably refuses to
stipulate to limit the record, unless the party pays all costs of
record preparation. The court may require or permit later
corrections or additions to the record.
(b) A party may apply to the court to present additional
evidence. If the court is satisfied that the additional evidence is
material and that there were good reasons for the failure to present
it in the proceeding before the commission or supplemental
commission, the court may order that the additional evidence be
taken before the commission or supplemental commission, as
applicable, on conditions determined by the court. The commission
or supplemental commission, as applicable, may change its findings
and decisions by reason of the additional evidence and shall file
the additional evidence and any changes, new findings, or decisions
with the reviewing court.
(c) The party seeking judicial review shall offer, and the
reviewing court shall admit, the commission or supplemental
commission record, as applicable, into evidence as an exhibit.
(d) The court shall conduct the review sitting without a
jury and is confined to the commission or supplemental commission
record, as applicable, except that the court may receive evidence
of procedural irregularities alleged to have occurred before the
commission or supplemental commission that are not reflected in the
record.
SECTION 10. The heading to Section 158.0123, Local
Government Code, is amended to read as follows:
Sec. 158.0123. COST OF PREPARING [COMMISSION] RECORD OF
PROCEEDING.
SECTION 11. Section 158.0123(a), Local Government Code, is
amended to read as follows:
(a) The commission or supplemental commission, as
applicable, may require a party who appeals a final decision under
Section 158.012 to pay one-half of the cost of preparation of the
original or a certified copy of the record of the [commission]
proceeding that is required to be sent to the reviewing court.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2017.