Texas 2019 - 86th Regular

Texas House Bill HB2612 Compare Versions

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

Old	New	Differences
1	1	86R9945 SCL-F
2	2	By: Perez H.B. No. 2612
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a constable's department civil
8	8	service system in certain counties; creating an offense.
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. CONSTABLE'S DEPARTMENT CIVIL SERVICE SYSTEM IN
13	13	CERTAIN COUNTIES
14	14	Sec. 158.101. DEFINITIONS. In this subchapter:
15	15	(1) "Commission" means a civil service commission for
16	16	all of a county's employees.
17	17	(2) "Department" means a constable's department.
18	18	(3) "Employee" means an employee of a department. The
19	19	term includes a deputy constable.
20	20	Sec. 158.102. ELIGIBLE COUNTIES. A county with a
21	21	population of more than 3.3 million may, in accordance with this
22	22	subchapter, create a civil service system for all of the county's
23	23	employees.
24	24	Sec. 158.103. ESTABLISHMENT BY PETITION AND ELECTION. (a)
25	25	If at least 20 percent of a county's employees sign a petition
26	26	requesting an election under this section and present the petition
27	27	to the county judge, the judge shall order an election on the
28	28	question of the creation of a civil service system for all employees
29	29	in the county.
30	30	(b) The county judge shall hold the election after the 15th
31	31	day but on or before the 45th day after the date the petition is
32	32	submitted. The election must be by secret ballot and each employee
33	33	is entitled to vote at the election.
34	34	(c) The ballots for the election shall be printed to provide
35	35	for voting for or against the proposition: "Creation of a civil
36	36	service system for all constable's department employees in the
37	37	county."
38	38	(d) The county judge shall canvass the votes and declare the
39	39	result.
40	40	Sec. 158.104. ESTABLISHMENT BY ORDER. The commissioners
41	41	court of a county may by order create a civil service system for all
42	42	employees in the county.
43	43	Sec. 158.105. APPOINTMENT OF COMMISSION. (a) If a majority
44	44	of the employees voting at the election approve the creation of a
45	45	civil service system, each constable, the commissioners court, and
46	46	the district attorney shall each appoint one person to serve as a
47	47	member of the commission.
48	48	(b) The members of the commission shall elect one of the
49	49	members as chair of the commission.
50	50	(c) Each member of the commission is appointed for a term of
51	51	two years.
52	52	(d) The entity that appointed a member of the commission
53	53	whose position becomes vacant shall appoint a person to serve the
54	54	unexpired part of the member's term.
55	55	(e) To be eligible for appointment to the commission, a
56	56	person must:
57	57	(1) be at least 25 years old; and
58	58	(2) have resided in the county for the three years
59	59	immediately preceding the date on which the person's term will
60	60	begin.
61	61	Sec. 158.106. POWERS OF COMMISSION. (a) The commission
62	62	shall adopt, publish, and enforce rules regarding:
63	63	(1) selection and classification of employees;
64	64	(2) competitive examinations;
65	65	(3) promotions, seniority, and tenure;
66	66	(4) layoffs and dismissals;
67	67	(5) disciplinary actions;
68	68	(6) grievance procedures;
69	69	(7) the rights of employees during an internal
70	70	investigation; and
71	71	(8) other matters relating to the selection of
72	72	employees and the procedural and substantive rights, advancement,
73	73	benefits, and working conditions of employees.
74	74	(b) The commission may adopt or use as a guide any civil
75	75	service law or rule of the United States, this state, or a political
76	76	subdivision in this state to the extent that the law or rule
77	77	promotes the purposes of this subchapter and is consistent with the
78	78	needs and circumstances of the departments.
79	79	(c) A panel of three commissioners shall preside at the
80	80	hearing and vote on the commission's final decision in any case
81	81	involving termination, demotion, or recovery of back pay. A panel's
82	82	decision is the final decision of the commission for purposes of
83	83	Sections 158.107 and 158.110. The commission shall adopt rules
84	84	prescribing the commission's procedures for assigning members to a
85	85	panel. A panel may not include the member who was appointed to the
86	86	commission by a constable when the hearing involves an employee
87	87	from that constable's department.
88	88	(d) In rendering a final decision regarding a disciplinary
89	89	action by the department, the commission may only sustain,
90	90	overturn, or reduce the disciplinary action. The commission may
91	91	not enhance a disciplinary action by the department.
92	92	Sec. 158.107. PROCEDURES AFTER FELONY INDICTMENT OR
93	93	MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a felony
94	94	or officially charged with the commission of a Class A or B
95	95	misdemeanor, the constable may temporarily suspend the employee
96	96	with or without pay for a period not to exceed 30 days after the date
97	97	of final disposition of the specified felony indictment or
98	98	misdemeanor complaint.
99	99	(b) The constable shall notify the suspended employee in
100	100	writing that the person is being temporarily suspended for a
101	101	specific period, with or without pay, as applicable, and that the
102	102	temporary suspension is not intended to reflect an opinion on the
103	103	merits of the indictment or complaint.
104	104	(c) An employee indicted for a felony or officially charged
105	105	with the commission of a Class A or B misdemeanor who has also been
106	106	charged by the constable with a civil service rule violation
107	107	directly related to the indictment or complaint may delay the civil
108	108	service hearing for not more than 30 days after the date of the
109	109	final disposition of the indictment or complaint.
110	110	(d) If the constable temporarily suspends an employee under
111	111	this section and the employee is not found guilty as charged in the
112	112	indictment or complaint in a court of competent jurisdiction, the
113	113	employee may appeal to the commission for recovery of back pay. The
114	114	commission may:
115	115	(1) award all or part of the back pay; or
116	116	(2) modify or uphold the decision by the constable.
117	117	(e) Acquittal or dismissal of an indictment or a complaint
118	118	does not mean that an employee has not violated a civil service rule
119	119	and does not negate the charges that may have been or may be brought
120	120	against the employee by the constable.
121	121	(f) Conviction of a felony is cause for dismissal, and
122	122	conviction of a Class A or B misdemeanor may be cause for
123	123	disciplinary action or dismissal.
124	124	Sec. 158.108. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER
125	125	OATHS. (a) In a proceeding before the commission under this
126	126	subchapter, the chair of the commission shall, on request of a
127	127	person described by Subsection (b):
128	128	(1) administer oaths; and
129	129	(2) issue subpoenas and subpoenas duces tecum for the
130	130	attendance of witnesses and for the production of documentary
131	131	material.
132	132	(b) The affected employee, the county attorney, or a
133	133	designee of the employee or the county attorney may request the
134	134	chair of the commission to subpoena any books, records, documents,
135	135	papers, accounts, or witnesses that the requestor considers
136	136	relevant to the case. The request must be made before the 10th day
137	137	before the date a commission proceeding will be held.
138	138	(c) An oath administered under this section has the same
139	139	force and effect as an oath administered by a magistrate in the
140	140	magistrate's judicial capacity.
141	141	(d) A response to a subpoena duces tecum under this section
142	142	is considered to have been made under oath.
143	143	(e) A person who is subpoenaed commits an offense if the
144	144	person fails to appear as required by the subpoena. An offense under
145	145	this section is a misdemeanor punishable by a fine up to $1,000,
146	146	confinement in the county jail for not more than 30 days, or both
147	147	the fine and confinement.
148	148	Sec. 158.109. COMPENSATION AND STAFF. The members of the
149	149	commission serve without compensation, but the commissioners court
150	150	shall reimburse each member for actual and necessary expenses
151	151	incurred in performing the member's duties. The commissioners
152	152	court shall provide the commission with adequate office space and
153	153	sufficient funds to employ an adequate staff and to purchase
154	154	necessary supplies and equipment.
155	155	Sec. 158.110. APPEALS. (a) An employee who, on a final
156	156	decision by the commission, is demoted, suspended, or removed from
157	157	a position may appeal the decision by filing a petition in a
158	158	district court in the county within 30 days after the date of the
159	159	decision.
160	160	(b) An appeal under this section is under the substantial
161	161	evidence rule, and the judgment of the district court is appealable
162	162	as in other civil cases.
163	163	(c) If the district court renders judgment for the
164	164	petitioner, the court may order reinstatement of the employee,
165	165	payment of back pay, or other appropriate relief.
166	166	Sec. 158.111. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. (a)
167	167	The same standards described by Section 158.0121 apply to an appeal
168	168	under Section 158.110.
169	169	(b) The procedures for review under Section 158.110 are the
170	170	same as provided by Section 158.0122.
171	171	(c) The commission may require a party who appeals a
172	172	decision under Section 158.110 to pay the cost of preparing the
173	173	commission record in the same manner provided by Section 158.0123.
174	174	Sec. 158.112. EXEMPTIONS. (a) A person who is an employee
175	175	on the date that a civil service system is adopted under this
176	176	subchapter may not be required to take a competitive examination or
177	177	perform any other act under this subchapter to maintain the
178	178	person's employment.
179	179	(b) Each constable of a county may designate as exempt from
180	180	the civil service system:
181	181	(1) the position of chief deputy;
182	182	(2) four positions in the rank immediately under the
183	183	rank of chief deputy;
184	184	(3) one or more positions in the office of
185	185	departmental legal counsel; and
186	186	(4) additional positions in the department except that
187	187	the constable may not designate as exempt a total of more than 10
188	188	positions.
189	189	(c) At the time a new constable takes office, an employee
190	190	holding an exempt position may be transferred to the nonexempt
191	191	position held by the employee immediately before being promoted to
192	192	an exempt position. A person who was not an officer in the
193	193	department when appointed to an exempt position may be transferred
194	194	only to an entry level position in accordance with the system's
195	195	civil service rules.
196	196	Sec. 158.113. SYSTEM DISSOLUTION BY DEPARTMENT ELECTION.
197	197	(a) If, after a civil service system under this subchapter has been
198	198	in effect in a county for at least one year, at least 20 percent of
199	199	the employees in the county petition the county judge to dissolve
200	200	the system, the judge shall order an election on the question of the
201	201	dissolution of the civil service system.
202	202	(b) The county judge shall hold the election after the 15th
203	203	day but on or before the 45th day after the date the petition is
204	204	submitted. The election must be by secret ballot and each employee
205	205	is entitled to vote at the election.
206	206	(c) The ballots for the election shall be printed to provide
207	207	for voting for or against the proposition: "Dissolution of the
208	208	civil service system for all constable's department employees in
209	209	the county."
210	210	(d) The county judge shall canvass the votes and declare the
211	211	result.
212	212	(e) If the proposition is approved by a majority of the
213	213	employees voting at the election, the county judge shall declare
214	214	the civil service system dissolved.
215	215	Sec. 158.114. SYSTEM DISSOLUTION BY COUNTY ELECTION. (a)
216	216	After a civil service system under this subchapter has been in
217	217	effect in a county for at least one year, a person may file a
218	218	petition signed by at least 10 percent of the registered voters of
219	219	the county with the county judge for a countywide election on the
220	220	dissolution of the civil service system.
221	221	(b) On receipt of a petition described by Subsection (a),
222	222	the county judge shall order an election in the county on the
223	223	question of the dissolution of the civil service system to be held
224	224	in the county:
225	225	(1) on the next uniform election date that allows
226	226	sufficient time to comply with applicable provisions of law; or
227	227	(2) at a special election called for that purpose.
228	228	(c) The ballots for the election described by Subsection (b)
229	229	shall be printed to provide for voting for or against the
230	230	proposition: "Dissolution of the civil service system for all
231	231	constable's department employees in the county."
232	232	(d) If a majority of the voters voting at the election
233	233	described by Subsection (b) approve dissolution, the county judge
234	234	shall declare the civil service system dissolved.
235	235	Sec. 158.115. EXCLUSIVITY. A civil service system created
236	236	under this subchapter and in effect applies to employees and
237	237	departments to the exclusion of a civil service system in that
238	238	county created under Subchapter A or another law.
239	239	SECTION 2. This Act takes effect immediately if it receives
240	240	a vote of two-thirds of all the members elected to each house, as
241	241	provided by Section 39, Article III, Texas Constitution. If this
242	242	Act does not receive the vote necessary for immediate effect, this
243	243	Act takes effect September 1, 2019.