Texas 2019 - 86th Regular

Texas House Bill HB2090 Compare Versions

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

Old	New	Differences
1	1	86R8150 MP-F
2	2	By: Martinez H.B. No. 2090
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to deputy sheriff civil service appeals of certain
8	8	sheriff's department actions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 158, Local Government Code, is amended
11	11	by adding Subchapter C to read as follows:
12	12	SUBCHAPTER C. DEPUTY SHERIFF APPEAL TO INDEPENDENT HEARING EXAMINER
13	13	Sec. 158.101. DEFINITION. In this subchapter, "commission"
14	14	means the civil service commission appointed to administer the
15	15	applicable civil service system.
16	16	Sec. 158.102. APPLICABILITY OF SUBCHAPTER. This
17	17	subchapter applies to a civil service system created under this
18	18	chapter that covers deputy sheriffs.
19	19	Sec. 158.103. AUTHORITY TO APPEAL TO INDEPENDENT EXAMINER;
20	20	REPEAL OF AUTHORITY. (a) If authorized to do so by an order of the
21	21	commissioners court, a commission by rule may authorize deputy
22	22	sheriffs to appeal under this subchapter to an independent hearing
23	23	examiner instead of to the commission the following employment
24	24	actions:
25	25	(1) a recommended demotion;
26	26	(2) a suspension of three days or more; or
27	27	(3) a termination.
28	28	(b) A commissioners court may repeal the order authorizing
29	29	appeals to a hearing examiner under Subsection (a) at any time. If
30	30	the commissioners court repeals the order, any pending appeal is
31	31	governed by this subchapter until final resolution of the appeal.
32	32	Sec. 158.104. REQUIRED NOTICE OF HEARING EXAMINER APPEAL.
33	33	A written notice for a demotion or disciplinary action issued to a
34	34	deputy sheriff must state that in an appeal of a recommended
35	35	demotion, a suspension of three days or more, or a termination, the
36	36	deputy may appeal to an independent hearing examiner instead of to
37	37	the commission. The notice must state that if the deputy appeals to
38	38	a hearing examiner, the deputy waives the right to appeal to
39	39	district court except as provided by Section 158.111(b).
40	40	Sec. 158.105. REQUEST FOR HEARING EXAMINER APPEAL. To
41	41	appeal to a hearing examiner, a deputy sheriff must submit to the
42	42	commission and the sheriff a written request as part of any original
43	43	notice of appeal required under the commission's rules stating the
44	44	deputy's preference to appeal to an independent hearing examiner.
45	45	Sec. 158.106. SELECTION OF HEARING EXAMINER. (a) On a
46	46	request under Section 158.105, the deputy sheriff and the sheriff,
47	47	or their designees, shall attempt to agree on the selection of an
48	48	impartial hearing examiner.
49	49	(b) If the deputy and the sheriff do not agree on the
50	50	selection of a hearing examiner within 10 days after the date the
51	51	appeal is filed, the commission shall request a list of seven
52	52	qualified arbitrators from the American Arbitration Association or
53	53	the Federal Mediation and Conciliation Service, or their successors
54	54	in function.
55	55	(c) The deputy and the sheriff, or their designees, may
56	56	agree on one of the seven arbitrators on the list described by
57	57	Subsection (b). If the deputy and the sheriff do not agree within
58	58	five business days after the date the list is received, the deputy
59	59	and the sheriff, or their designees, shall alternate striking a
60	60	name from the list and the name remaining is the hearing examiner.
61	61	Sec. 158.107. DATE OF HEARING. (a) The deputy sheriff and
62	62	the sheriff, or their designees, must agree on a date for an appeal
63	63	hearing conducted under this subchapter.
64	64	(b) An appeal hearing must begin as soon as a hearing
65	65	examiner can be scheduled. If a hearing examiner cannot begin the
66	66	hearing within 45 days after the date of selection, the deputy or
67	67	the sheriff may, within two days after learning of that fact, call
68	68	for the selection of a new hearing examiner using the procedure
69	69	under Section 158.106.
70	70	Sec. 158.108. POWERS OF HEARING EXAMINER. In an appeal
71	71	hearing conducted under this subchapter, the hearing examiner has
72	72	the same powers and duties as the commission, including any right to
73	73	issue subpoenas.
74	74	Sec. 158.109. DECISION DEADLINE. (a) In an appeal hearing
75	75	conducted under this subchapter, the deputy sheriff and the sheriff
76	76	may agree to an expedited hearing procedure. Unless otherwise
77	77	agreed to by the deputy and the sheriff, a hearing examiner shall
78	78	render a decision on the appeal in an expedited procedure within 10
79	79	days after the date the hearing ends.
80	80	(b) In an appeal that does not involve an expedited hearing
81	81	procedure, a hearing examiner shall make a reasonable effort to
82	82	render a decision on the appeal within 30 days after the date the
83	83	hearing ends or the briefs are filed.
84	84	(c) A hearing examiner's inability to meet the time
85	85	requirements imposed by this subchapter does not affect the hearing
86	86	examiner's jurisdiction, the validity of the disciplinary action,
87	87	or the hearing examiner's final decision.
88	88	Sec. 158.110. COSTS OF HEARING. (a) A party who loses an
89	89	appeal is liable for the hearing examiner's fees and expenses.
90	90	(b) The costs of a witness are paid by the party who calls
91	91	the witness.
92	92	Sec. 158.111. APPEAL OF DECISION. (a) A hearing examiner's
93	93	decision is final and binding on all parties. A deputy sheriff who
94	94	decides to appeal to an independent hearing examiner waives the
95	95	right to appeal to district court except as provided by Subsection
96	96	(b).
97	97	(b) A district court may hear an appeal of a hearing
98	98	examiner's award only on the grounds that the hearing examiner was
99	99	without jurisdiction or exceeded the hearing examiner's
100	100	jurisdiction or that the order was procured by fraud, collusion, or
101	101	other unlawful means. An appeal must be brought in the district
102	102	court having jurisdiction in the county.
103	103	SECTION 2. This Act takes effect September 1, 2019.