Texas 2017 - 85th Regular

Texas Senate Bill SB470 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R22889 TJB-F
2	2	By: West S.B. No. 470
3	3	(Neave)
4	4	Substitute the following for S.B. No. 470: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of one or more supplemental county
10	10	civil service commissions in certain counties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 158.001, Local Government Code, is
13	13	amended by adding Subdivision (4) to read as follows:
14	14	(4) "Supplemental commission" means a supplemental
15	15	commission established under Section 158.0085.
16	16	SECTION 2. Subchapter A, Chapter 158, Local Government
17	17	Code, is amended by adding Section 158.0085 to read as follows:
18	18	Sec. 158.0085. SUPPLEMENTAL COMMISSION IN CERTAIN
19	19	COUNTIES. (a) This section applies only to a county:
20	20	(1) with a population of more than two million that is
21	21	adjacent to a county with a population of more than one million; and
22	22	(2) in which a civil service system has been created
23	23	under this subchapter.
24	24	(b) The commissioners court of a county may establish one or
25	25	more supplemental commissions to assist the commission in
26	26	administering the system.
27	27	(c) The commissioners court shall appoint three individuals
28	28	to serve as members of each supplemental commission and shall
29	29	designate one of the members as chair of the supplemental
30	30	commission.
31	31	(d) Sections 158.008(b)-(e) apply to the appointment of a
32	32	member of a supplemental commission in the same manner that those
33	33	provisions apply to the appointment of a member of the commission.
34	34	SECTION 3. Section 158.009, Local Government Code, is
35	35	amended to read as follows:
36	36	Sec. 158.009. POWERS OF THE COMMISSION AND SUPPLEMENTAL
37	37	COMMISSIONS. (a) Except as provided by Subsection (a-1) and
38	38	Section 158.010, the commission shall adopt, publish, and enforce
39	39	rules regarding the following categories of matters:
40	40	(1) the definition of a county employee;
41	41	(2) selection and classification of county employees;
42	42	(3) competitive examinations;
43	43	(4) promotions, seniority, and tenure;
44	44	(5) layoffs and dismissals;
45	45	(6) disciplinary actions;
46	46	(7) grievance procedures; and
47	47	(8) other matters relating to the selection of county
48	48	employees and the procedural and substantive rights, advancement,
49	49	benefits, and working conditions of county employees.
50	50	(a-1) Notwithstanding any other provision of this
51	51	subchapter, a supplemental commission shall adopt, publish, or
52	52	enforce a rule regarding a category of matters listed under
53	53	Subsection (a) if the adoption, publication, or enforcement of the
54	54	rule is specifically delegated by category to the supplemental
55	55	commission by the commissioners court. If the commissioners court
56	56	has established more than one supplemental commission, the
57	57	commissioners court may not delegate the authority to adopt,
58	58	publish, or enforce a rule regarding a category of matters listed
59	59	under Subsection (a) to more than one of the supplemental
60	60	commissions. The commission may not adopt, publish, or enforce a
61	61	rule regarding a category of matters listed under Subsection (a) if
62	62	the commissioners court has delegated that authority to a
63	63	supplemental commission.
64	64	(b) The commission or a supplemental commission may adopt or
65	65	use as a guide any civil service law or rule of the United States,
66	66	this state, or a political subdivision in this state to the extent
67	67	that the law or rule promotes the purposes of this subchapter and
68	68	serves the needs of the county.
69	69	(c) The commission or a supplemental commission may not
70	70	adopt or enforce a rule requiring a county employee to retire
71	71	because of age. The commission or a supplemental commission may
72	72	adopt a rule requiring a county employee, on reaching an age set by
73	73	the commission, to submit annually to the commission an affidavit
74	74	from a physician stating that the employee is physically and
75	75	mentally capable of continuing employment.
76	76	SECTION 4. Sections 158.0095(a) and (b), Local Government
77	77	Code, are amended to read as follows:
78	78	(a) In a proceeding before the commission or a supplemental
79	79	commission under this subchapter, the chair [chairman] of the
80	80	commission or of the supplemental commission, as applicable, shall,
81	81	on request of a person described by Subsection (b):
82	82	(1) administer oaths; and
83	83	(2) issue subpoenas and subpoenas duces tecum for the
84	84	attendance of witnesses and for the production of documentary
85	85	material.
86	86	(b) The affected employee, the county attorney, or a
87	87	designee of the employee or county attorney may request the chair
88	88	[chairman] of the commission or of the supplemental commission, as
89	89	applicable, to subpoena any books, records, documents, papers,
90	90	accounts, or witnesses that the requestor considers relevant to the
91	91	case. The request must be made before the 15th day before the date
92	92	the applicable [a] commission or supplemental commission
93	93	proceeding will be held.
94	94	SECTION 5. Section 158.010(e), Local Government Code, is
95	95	amended to read as follows:
96	96	(e) The rules adopted by the commission or a supplemental
97	97	commission under Section 158.009 relating to the selection and
98	98	classification of county employees and to competitive examinations
99	99	for selection apply to the initial hiring of personnel under this
100	100	section.
101	101	SECTION 6. Section 158.011, Local Government Code, is
102	102	amended to read as follows:
103	103	Sec. 158.011. COMPENSATION AND STAFF. The members of the
104	104	commission and of a supplemental commission serve without
105	105	compensation, but the commissioners court shall reimburse each
106	106	member for all necessary expenses incurred in performing the
107	107	member's duties. The commissioners court shall provide the
108	108	commission with adequate office space for the commission and each
109	109	supplemental commission and sufficient funds to employ an adequate
110	110	staff and to purchase necessary supplies and equipment.
111	111	SECTION 7. Section 158.012(a), Local Government Code, is
112	112	amended to read as follows:
113	113	(a) A county employee who, on a final decision by the
114	114	commission or a supplemental commission, is demoted, suspended, or
115	115	removed from the employee's position may appeal the decision by
116	116	filing a petition in a district court in the county within 30 days
117	117	after the date of the decision.
118	118	SECTION 8. Section 158.0121, Local Government Code, is
119	119	amended to read as follows:
120	120	Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In
121	121	an appeal under Section 158.012, the district court may not
122	122	substitute its judgment for the judgment of the commission or a
123	123	supplemental commission on the weight of the evidence on questions
124	124	committed to the commission or supplemental commission's
125	125	discretion but:
126	126	(1) may affirm the commission or supplemental
127	127	commission's decision in whole or in part; and
128	128	(2) shall reverse or remand the case for further
129	129	proceedings if substantial rights of the petitioner have been
130	130	prejudiced because the commission or supplemental commission's
131	131	findings, inferences, conclusions, or decisions are:
132	132	(A) in violation of a constitutional or statutory
133	133	provision;
134	134	(B) in excess of the commission or supplemental
135	135	commission's authority;
136	136	(C) made through unlawful procedure;
137	137	(D) affected by other error of law;
138	138	(E) not reasonably supported by substantial
139	139	evidence considering the reliable and probative evidence in the
140	140	record as a whole; or
141	141	(F) arbitrary or capricious, characterized by
142	142	abuse of discretion, or clearly an unwarranted exercise of
143	143	discretion.
144	144	SECTION 9. Section 158.0122, Local Government Code, is
145	145	amended to read as follows:
146	146	Sec. 158.0122. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL
147	147	EVIDENCE RULE. (a) After service of the petition on the commission
148	148	or a supplemental commission and within the time permitted for
149	149	filing an answer or within additional time allowed by the court, the
150	150	commission or supplemental commission, as applicable, shall send to
151	151	the reviewing court the original or a certified copy of the entire
152	152	record of the proceeding under review. The record shall be filed
153	153	with the clerk of the court. The record may be shortened by
154	154	stipulation of all parties to the review proceedings. The court may
155	155	assess additional costs against a party who unreasonably refuses to
156	156	stipulate to limit the record, unless the party pays all costs of
157	157	record preparation. The court may require or permit later
158	158	corrections or additions to the record.
159	159	(b) A party may apply to the court to present additional
160	160	evidence. If the court is satisfied that the additional evidence is
161	161	material and that there were good reasons for the failure to present
162	162	it in the proceeding before the commission or supplemental
163	163	commission, the court may order that the additional evidence be
164	164	taken before the commission or supplemental commission, as
165	165	applicable, on conditions determined by the court. The commission
166	166	or supplemental commission, as applicable, may change its findings
167	167	and decisions by reason of the additional evidence and shall file
168	168	the additional evidence and any changes, new findings, or decisions
169	169	with the reviewing court.
170	170	(c) The party seeking judicial review shall offer, and the
171	171	reviewing court shall admit, the commission or supplemental
172	172	commission record, as applicable, into evidence as an exhibit.
173	173	(d) The court shall conduct the review sitting without a
174	174	jury and is confined to the commission or supplemental commission
175	175	record, as applicable, except that the court may receive evidence
176	176	of procedural irregularities alleged to have occurred before the
177	177	commission or supplemental commission that are not reflected in the
178	178	record.
179	179	SECTION 10. The heading to Section 158.0123, Local
180	180	Government Code, is amended to read as follows:
181	181	Sec. 158.0123. COST OF PREPARING [COMMISSION] RECORD OF
182	182	PROCEEDING.
183	183	SECTION 11. Section 158.0123(a), Local Government Code, is
184	184	amended to read as follows:
185	185	(a) The commission or supplemental commission, as
186	186	applicable, may require a party who appeals a final decision under
187	187	Section 158.012 to pay one-half of the cost of preparation of the
188	188	original or a certified copy of the record of the [commission]
189	189	proceeding that is required to be sent to the reviewing court.
190	190	SECTION 12. This Act takes effect immediately if it
191	191	receives a vote of two-thirds of all the members elected to each
192	192	house, as provided by Section 39, Article III, Texas Constitution.
193	193	If this Act does not receive the vote necessary for immediate
194	194	effect, this Act takes effect September 1, 2017.