86R8150 MP-F
By: Martinez H.B. No. 2090
A BILL TO BE ENTITLED
AN ACT
relating to deputy sheriff civil service appeals of certain
sheriff's department actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 158, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. DEPUTY SHERIFF APPEAL TO INDEPENDENT HEARING EXAMINER
Sec. 158.101. DEFINITION. In this subchapter, "commission"
means the civil service commission appointed to administer the
applicable civil service system.
Sec. 158.102. APPLICABILITY OF SUBCHAPTER. This
subchapter applies to a civil service system created under this
chapter that covers deputy sheriffs.
Sec. 158.103. AUTHORITY TO APPEAL TO INDEPENDENT EXAMINER;
REPEAL OF AUTHORITY. (a) If authorized to do so by an order of the
commissioners court, a commission by rule may authorize deputy
sheriffs to appeal under this subchapter to an independent hearing
examiner instead of to the commission the following employment
actions:
(1) a recommended demotion;
(2) a suspension of three days or more; or
(3) a termination.
(b) A commissioners court may repeal the order authorizing
appeals to a hearing examiner under Subsection (a) at any time. If
the commissioners court repeals the order, any pending appeal is
governed by this subchapter until final resolution of the appeal.
Sec. 158.104. REQUIRED NOTICE OF HEARING EXAMINER APPEAL.
A written notice for a demotion or disciplinary action issued to a
deputy sheriff must state that in an appeal of a recommended
demotion, a suspension of three days or more, or a termination, the
deputy may appeal to an independent hearing examiner instead of to
the commission. The notice must state that if the deputy appeals to
a hearing examiner, the deputy waives the right to appeal to
district court except as provided by Section 158.111(b).
Sec. 158.105. REQUEST FOR HEARING EXAMINER APPEAL. To
appeal to a hearing examiner, a deputy sheriff must submit to the
commission and the sheriff a written request as part of any original
notice of appeal required under the commission's rules stating the
deputy's preference to appeal to an independent hearing examiner.
Sec. 158.106. SELECTION OF HEARING EXAMINER. (a) On a
request under Section 158.105, the deputy sheriff and the sheriff,
or their designees, shall attempt to agree on the selection of an
impartial hearing examiner.
(b) If the deputy 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 request a list of seven
qualified arbitrators from the American Arbitration Association or
the Federal Mediation and Conciliation Service, or their successors
in function.
(c) The deputy and the sheriff, or their designees, may
agree on one of the seven arbitrators on the list described by
Subsection (b). If the deputy and the sheriff do not agree within
five business days after the date the list is received, the deputy
and the sheriff, or their designees, shall alternate striking a
name from the list and the name remaining is the hearing examiner.
Sec. 158.107. DATE OF HEARING. (a) The deputy sheriff and
the sheriff, or their designees, must agree on a date for an appeal
hearing conducted under this subchapter.
(b) An appeal hearing must 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 deputy or
the sheriff may, within two days after learning of that fact, call
for the selection of a new hearing examiner using the procedure
under Section 158.106.
Sec. 158.108. POWERS OF HEARING EXAMINER. In an appeal
hearing conducted under this subchapter, the hearing examiner has
the same powers and duties as the commission, including any right to
issue subpoenas.
Sec. 158.109. DECISION DEADLINE. (a) In an appeal hearing
conducted under this subchapter, the deputy sheriff and the sheriff
may agree to an expedited hearing procedure. Unless otherwise
agreed to by the deputy and the sheriff, a hearing examiner shall
render a decision on the appeal in an expedited procedure within 10
days after the date the hearing ends.
(b) 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.
(c) A hearing examiner's inability to meet the time
requirements imposed by this subchapter does not affect the hearing
examiner's jurisdiction, the validity of the disciplinary action,
or the hearing examiner's final decision.
Sec. 158.110. COSTS OF HEARING. (a) A party who loses an
appeal is liable for the hearing examiner's fees and expenses.
(b) The costs of a witness are paid by the party who calls
the witness.
Sec. 158.111. APPEAL OF DECISION. (a) A hearing examiner's
decision is final and binding on all parties. A deputy sheriff who
decides to appeal to an independent hearing examiner waives the
right to appeal to district court except as provided by Subsection
(b).
(b) 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.
SECTION 2. This Act takes effect September 1, 2019.