Texas 2019 - 86th Regular

Texas House Bill HB3894 Compare Versions

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

Old	New	Differences
1	1	86R12282 JCG-D
2	2	By: Muñoz, Jr. H.B. No. 3894
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sheriff's department civil service systems in certain
8	8	counties; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 158.034, Local Government Code, is
11	11	amended by amending Subsection (e) and adding Subsection (f) to
12	12	read as follows:
13	13	(e) To be eligible for appointment to the commission, a
14	14	person must:
15	15	(1) be at least 25 years old; [and]
16	16	(2) have resided in the county for the three years
17	17	immediately preceding the date on which the person's term will
18	18	begin;
19	19	(3) be a United States citizen;
20	20	(4) be of good moral character;
21	21	(5) not have held a public office in the three years
22	22	immediately preceding the date on which the person's term will
23	23	begin; and
24	24	(6) not have served on the commission for more than six
25	25	years.
26	26	(f) Subsection (e)(5) does not prohibit the appointment of a
27	27	member if the only public office held by the member in the preceding
28	28	three years is membership on the commission.
29	29	SECTION 2. Subchapter B, Chapter 158, Local Government
30	30	Code, is amended by adding Sections 158.0341 through 158.0344,
31	31	158.0352, and 158.0353 to read as follows:
32	32	Sec. 158.0341. REMOVAL OF COMMISSION MEMBER. (a) If at a
33	33	meeting held for that purpose the commissioners court of the county
34	34	finds that a commission member is guilty of misconduct in office,
35	35	the commissioners court may remove the member. The member may
36	36	request that the meeting be held as an open hearing in accordance
37	37	with Chapter 551, Government Code.
38	38	(b) If a commission member is indicted or charged by
39	39	information with a criminal offense involving moral turpitude, the
40	40	member is automatically suspended from office until the disposition
41	41	of the charge. Unless the member pleads guilty or is found to be
42	42	guilty, the member shall resume office at the time of disposition of
43	43	the charge.
44	44	(c) The commissioners court may appoint a substitute
45	45	commission member during a period of suspension.
46	46	(d) If a commission member pleads guilty to or is found to be
47	47	guilty of a criminal offense involving moral turpitude, the
48	48	commissioners court shall appoint a replacement commission member
49	49	to serve the remainder of the disqualified member's term of office.
50	50	Sec. 158.0342. COMMISSION INVESTIGATIONS AND INSPECTIONS.
51	51	(a) The commission or a commission member designated by the
52	52	commission may investigate and report on all matters relating to
53	53	the enforcement and effect of this subchapter and any rules adopted
54	54	under this subchapter and shall determine if the subchapter and
55	55	rules are being obeyed.
56	56	(b) During an investigation, the commission or the
57	57	commission member may:
58	58	(1) administer oaths;
59	59	(2) issue subpoenas to compel the attendance of
60	60	witnesses and the production of books, papers, documents, and
61	61	accounts relating to the investigation; and
62	62	(3) cause the deposition of witnesses residing inside
63	63	or outside the state.
64	64	(c) A deposition taken in connection with an investigation
65	65	under this section must be taken in the manner prescribed by law for
66	66	taking a similar deposition in a civil action in federal district
67	67	court.
68	68	(d) An oath administered or a subpoena issued under this
69	69	section has the same force and effect as an oath administered by a
70	70	magistrate in the magistrate's judicial capacity.
71	71	(e) A person who fails to respond to a subpoena issued under
72	72	this section commits an offense punishable as prescribed by Section
73	73	158.0343.
74	74	Sec. 158.0343. CRIMINAL PENALTY FOR VIOLATION OF
75	75	SUBCHAPTER. (a) A person subject to the provisions of this
76	76	subchapter commits an offense if the person violates this
77	77	subchapter.
78	78	(b) An offense under this section is a misdemeanor
79	79	punishable by a fine of not less than $10 or more than $1,000,
80	80	confinement in the county jail for not more than 30 days, or both
81	81	fine and confinement.
82	82	Sec. 158.0344. DECISIONS AND RECORDS. (a) Each concurring
83	83	commission member shall sign a decision issued by the commission.
84	84	(b) The commission shall keep records of each hearing or
85	85	case that comes before the commission.
86	86	(c) Each rule, opinion, directive, decision, or order
87	87	issued by the commission:
88	88	(1) must be in writing; and
89	89	(2) is a public record that the commission shall
90	90	retain on file.
91	91	Sec. 158.0352. DISCIPLINARY SUSPENSIONS. (a) The sheriff
92	92	may suspend an employee for the violation of a civil service rule.
93	93	The suspension may be for a reasonable period not to exceed 15
94	94	calendar days or for an indefinite period. An indefinite
95	95	suspension is equivalent to dismissal from the department.
96	96	(b) If the sheriff suspends an employee, the sheriff shall,
97	97	within 120 hours after the hour of suspension, file a written
98	98	statement with the commission giving the reasons for the
99	99	suspension. The sheriff shall immediately deliver a copy of the
100	100	statement in person to the suspended employee.
101	101	(c) The copy of the written statement must inform the
102	102	suspended employee that if the employee wants to appeal to the
103	103	commission, the employee must file a written appeal with the
104	104	commission within 10 days after the date the employee receives the
105	105	copy of the statement.
106	106	(d) The written statement filed by the sheriff with the
107	107	commission must point out each civil service rule alleged to have
108	108	been violated by the suspended employee and must describe the
109	109	alleged acts of the employee that the sheriff contends are in
110	110	violation of the civil service rules. It is not sufficient for the
111	111	sheriff merely to refer to the provisions of the rules alleged to
112	112	have been violated.
113	113	(e) If the sheriff does not specifically point out in the
114	114	written statement the act or acts of the employee that allegedly
115	115	violated the civil service rules, the commission shall promptly
116	116	reinstate the employee.
117	117	(f) If offered by the sheriff, the employee may agree in
118	118	writing to voluntarily accept, with no right of appeal, a
119	119	suspension of 16 to 90 calendar days for the violation of a civil
120	120	service rule. The employee must accept the offer within five
121	121	working days after the date the offer is made. If the employee
122	122	refuses the offer and wants to appeal to the commission, the
123	123	employee must file a written appeal with the commission in
124	124	accordance with Section 158.037.
125	125	(g) In the original written statement and charges and in any
126	126	hearing conducted under this subchapter, the sheriff may not
127	127	complain of an act that occurred earlier than the 180th day
128	128	preceding the date the sheriff suspends the employee. If the act is
129	129	allegedly related to criminal activity, including the violation of
130	130	a federal, state, or local law for which the employee is subject to
131	131	a criminal penalty:
132	132	(1) the sheriff may not complain of an act that is
133	133	discovered earlier than the 180th day preceding the date the
134	134	sheriff suspends the employee; and
135	135	(2) the sheriff must allege that the act complained of
136	136	is related to criminal activity.
137	137	Sec. 158.0353. DEMOTIONS. (a) The sheriff may recommend to
138	138	the commission in writing that the commission demote a nonexempt
139	139	employee involuntarily.
140	140	(b) The sheriff must include in the recommendation for
141	141	demotion the reasons for the recommended demotion and a request
142	142	that the commission order the demotion. The sheriff must
143	143	immediately furnish a copy of the recommendation in person to the
144	144	affected employee.
145	145	(c) The commission may refuse to grant the request for
146	146	demotion. If the commission believes that probable cause exists
147	147	for ordering the demotion, the commission shall give the employee
148	148	written notice to appear before the commission for a public hearing
149	149	at a time and place specified in the notice. The commission shall
150	150	give the notice before the 10th day before the date the hearing will
151	151	be held.
152	152	(d) The employee is entitled to a full and complete public
153	153	hearing, and the commission may not demote an employee without that
154	154	public hearing.
155	155	(e) A voluntary demotion in which the employee has accepted
156	156	the terms of the demotion in writing is not subject to this section.
157	157	SECTION 3. Section 158.037, Local Government Code, is
158	158	amended to read as follows:
159	159	Sec. 158.037. APPEALS. (a) Except as otherwise provided by
160	160	this subchapter, an employee may appeal to the commission an action
161	161	for which an appeal or review is provided by this subchapter by
162	162	filing an appeal with the commission within 10 days after the date
163	163	the action occurred.
164	164	(b) The appeal must include the basis for the appeal and a
165	165	request for a commission hearing. The appeal must also contain:
166	166	(1) a statement denying the truth of the charge as
167	167	made;
168	168	(2) a statement taking exception to the legal
169	169	sufficiency of the charge;
170	170	(3) a statement alleging that the recommended action
171	171	does not fit the offense or alleged offense; or
172	172	(4) a combination of the statements described by this
173	173	subsection.
174	174	(c) In each hearing, appeal, or review of any kind in which
175	175	the commission performs an adjudicatory function, the affected
176	176	employee is entitled to be represented by counsel or a person the
177	177	employee chooses. Each commission proceeding must be held in
178	178	public.
179	179	(d) The commission may issue subpoenas and subpoenas duces
180	180	tecum for the attendance of witnesses and for the production of
181	181	documentary material.
182	182	(e) The affected employee may request the commission to
183	183	subpoena any books, records, documents, papers, accounts, or
184	184	witnesses that the employee considers pertinent to the case. The
185	185	employee must make the request before the 10th day before the date
186	186	the commission hearing will be held. If the commission does not
187	187	subpoena the material, the commission shall, before the third day
188	188	before the date the hearing will be held, make a written report to
189	189	the employee stating the reason it will not subpoena the requested
190	190	material. The report must be read into the public record of the
191	191	commission hearing.
192	192	(f) Witnesses may be placed under the rule at the commission
193	193	hearing.
194	194	(g) The commission shall conduct the hearing fairly and
195	195	impartially as prescribed by this subchapter and shall render a
196	196	just and fair decision. The commission may consider only the
197	197	evidence submitted at the hearing.
198	198	(h) The commission shall maintain a public record of each
199	199	proceeding with copies available at cost.
200	200	(i) If a suspended employee appeals a suspension to the
201	201	commission, the commission shall hold a hearing and render a
202	202	decision in writing within 30 days after the date the commission
203	203	receives notice of appeal. The suspended employee and the
204	204	commission may agree to postpone the hearing for a definite period.
205	205	(j) In a hearing conducted under this section, the sheriff
206	206	is restricted to the sheriff's original written statement and
207	207	charges, which may not be amended.
208	208	(k) The commission may deliberate the decision in closed
209	209	session but may not consider evidence that was not presented at the
210	210	hearing. The commission shall vote in open session.
211	211	(l) The commission may suspend or dismiss an employee for
212	212	violation of civil service rules and only after a finding by the
213	213	commission of the truth of specific charges against the employee.
214	214	(m) In its decision, the commission shall state whether the
215	215	suspended employee is:
216	216	(1) permanently dismissed from the department;
217	217	(2) temporarily suspended from the department; or
218	218	(3) restored to the employee's former position or
219	219	status in the department's classified service.
220	220	(n) If the commission finds that the period of disciplinary
221	221	suspension should be reduced, the commission may order a reduction
222	222	in the period of suspension. If the suspended employee is restored
223	223	to the position or class of service from which the employee was
224	224	suspended, the employee is entitled to:
225	225	(1) full compensation for the actual time lost as a
226	226	result of the suspension at the rate of pay provided for the
227	227	position or class of service from which the employee was suspended;
228	228	and
229	229	(2) restoration of or credit for any other benefits
230	230	lost as a result of the suspension, including sick leave, vacation
231	231	leave, and service credit in a retirement system. Standard payroll
232	232	deductions, if any, for retirement and other benefits restored
233	233	shall be made from the compensation paid, and the county shall make
234	234	its standard corresponding contributions, if any, to the retirement
235	235	system or other applicable benefit systems.
236	236	(o) An employee who, on a final decision by the commission,
237	237	is demoted, suspended, or removed from a position may appeal the
238	238	decision by filing a petition in a district court in the county
239	239	within 30 days after the date of the decision.
240	240	(p) [(b)] An appeal under Subsection (o) [this section] is
241	241	under the substantial evidence rule, and the judgment of the
242	242	district court is appealable as in other civil cases.
243	243	(q) Each appeal to a district court of an indefinite
244	244	suspension shall be advanced on the district court docket and given
245	245	a preference setting over all other cases.
246	246	(r) [(c)] If the district court renders judgment for the
247	247	petitioner, the court may order reinstatement of the employee,
248	248	payment of back pay, or other appropriate relief.
249	249	SECTION 4. Subchapter B, Chapter 158, Local Government
250	250	Code, is amended by adding Sections 158.0372 through 158.0374 and
251	251	Sections 158.041 through 158.062 to read as follows:
252	252	Sec. 158.0372. REINSTATEMENT. (a) If the commission, a
253	253	hearing examiner, or a district court orders that an employee
254	254	suspended without pay be reinstated, the sheriff shall comply with
255	255	the order and the county shall, before the end of the second full
256	256	pay period after the date the employee is reinstated, repay to the
257	257	employee all wages lost as a result of the suspension.
258	258	(b) If the county does not fully repay all lost wages to the
259	259	employee as provided by this section, the county shall pay the
260	260	employee an amount equal to the lost wages plus accrued interest.
261	261	(c) Interest under Subsection (b) accrues beginning on the
262	262	date of the employee's reinstatement at a rate equal to three
263	263	percent plus the rate for court judgments under Chapter 304,
264	264	Finance Code, that is in effect on the date of the employee's
265	265	reinstatement.
266	266	Sec. 158.0373. HEARING EXAMINERS. (a) In addition to the
267	267	other notice requirements prescribed by this subchapter, the
268	268	written notice for a promotional bypass, demotion, or notice of
269	269	disciplinary action, as applicable, issued to an employee must
270	270	state that in an appeal of an indefinite suspension, a suspension, a
271	271	promotional bypass, or a recommended demotion, the appealing
272	272	employee may elect to appeal to an independent third-party hearing
273	273	examiner instead of to the commission. The letter must also state
274	274	that if the employee elects to appeal to a hearing examiner, the
275	275	employee waives all rights to appeal to a district court except as
276	276	provided by Subsection (j).
277	277	(b) To exercise the choice of appealing to a hearing
278	278	examiner, the appealing employee must submit to the commission a
279	279	written request as part of the original notice of appeal required
280	280	under this subchapter stating the employee's decision to appeal to
281	281	an independent third-party hearing examiner.
282	282	(c) The hearing examiner's decision is final and binding on
283	283	all parties. If the employee decides to appeal to an independent
284	284	third-party hearing examiner, the employee waives all rights to
285	285	appeal to a district court except as provided by Subsection (j).
286	286	(d) If the employee chooses to appeal to a hearing examiner,
287	287	the employee and the sheriff, or their designees, shall first
288	288	attempt to agree on the selection of an impartial hearing examiner.
289	289	If the parties do not agree on the selection of a hearing examiner
290	290	on or within 10 days after the date the appeal is filed, the
291	291	commission shall immediately request a list of seven qualified
292	292	neutral arbitrators from the American Arbitration Association or
293	293	the Federal Mediation and Conciliation Service, or their successors
294	294	in function. The employee and the sheriff, or their designees, may
295	295	agree on one of the seven neutral arbitrators on the list. If they
296	296	do not agree within five working days after the date they received
297	297	the list, each party or the party's designee shall alternate
298	298	striking a name from the list and the name remaining is the hearing
299	299	examiner. The parties or their designees shall agree on a date for
300	300	the hearing.
301	301	(e) The appeal hearing shall begin as soon as the hearing
302	302	examiner can be scheduled. If the hearing examiner cannot begin the
303	303	hearing within 45 calendar days after the date of selection, the
304	304	employee may, within two days after learning of that fact, call for
305	305	the selection of a new hearing examiner using the procedure
306	306	prescribed by Subsection (d).
307	307	(f) In each hearing conducted under this section, the
308	308	hearing examiner has the same duties and powers as the commission,
309	309	including the right to issue subpoenas.
310	310	(g) In a hearing conducted under this section, the parties
311	311	may agree to an expedited hearing procedure. Unless otherwise
312	312	agreed by the parties, in an expedited procedure the hearing
313	313	examiner shall render a decision on the appeal within 10 days after
314	314	the date the hearing ended.
315	315	(h) In an appeal that does not involve an expedited hearing
316	316	procedure, the hearing examiner shall make a reasonable effort to
317	317	render a decision on the appeal within 30 days after the date the
318	318	hearing ends or the briefs are filed. The hearing examiner's
319	319	inability to meet the time requirements imposed by this section
320	320	does not affect the hearing examiner's jurisdiction, the validity
321	321	of the disciplinary action, or the hearing examiner's final
322	322	decision.
323	323	(i) The hearing examiner's fees and expenses are shared
324	324	equally by the appealing employee and by the department. The costs
325	325	of a witness are paid by the party who calls the witness.
326	326	(j) A district court may hear an appeal of a hearing
327	327	examiner's award only on the grounds that the hearing examiner was
328	328	without jurisdiction or exceeded the hearing examiner's
329	329	jurisdiction or that the order was procured by fraud, collusion, or
330	330	other unlawful means. An appeal must be brought in the district
331	331	court having jurisdiction in the county in which the department is
332	332	located.
333	333	Sec. 158.0374. UNCOMPENSATED DUTY. (a) In this section,
334	334	"uncompensated duty" means days of work without pay that are in
335	335	addition to regular or normal workdays.
336	336	(b) The sheriff may assign an employee to uncompensated
337	337	duty. The sheriff may not impose uncompensated duty unless the
338	338	employee agrees to accept the duty. The sheriff shall give the
339	339	employee a written statement that specifies the date or dates on
340	340	which the employee will perform uncompensated duty if the employee
341	341	agrees to accept uncompensated duty.
342	342	(c) Uncompensated duty may be in place of or in combination
343	343	with a period of disciplinary suspension without pay. If
344	344	uncompensated duty is combined with a disciplinary suspension, the
345	345	total number of uncompensated days may not exceed 15.
346	346	(d) An employee may not earn or accrue any wage, salary, or
347	347	benefit arising from length of service while the employee is
348	348	suspended without pay or performing uncompensated duty. The days
349	349	on which an employee performs assigned uncompensated duty may not
350	350	be taken into consideration in determining eligibility for a
351	351	promotional examination.
352	352	(e) Except as provided by this section, an employee who
353	353	performs assigned uncompensated duty retains all rights and
354	354	privileges of the employee's position in the department and of the
355	355	employee's employment by the county.
356	356	Sec. 158.041. PROMOTIONAL EXAMINATION NOTICE. (a) Not
357	357	later than the 90th day before the date a promotional examination is
358	358	held, the commission shall post a notice that lists the sources from
359	359	which the examination questions will be taken.
360	360	(b) Not later than the 30th day before the date a
361	361	promotional examination is held, the commission shall post a notice
362	362	of the examination in plain view on a bulletin board located in the
363	363	main lobby of the sheriff's department and in the commission's
364	364	office. The notice must show the position to be filled or for which
365	365	the examination is to be held, and the date, time, and place of the
366	366	examination. The commission shall also furnish sufficient copies
367	367	of the notice for posting in the stations or subdepartments in which
368	368	the position will be filled.
369	369	(c) The notice required by Subsection (b) may also include
370	370	the name of each source used for the examination, the number of
371	371	questions taken from each source, and the chapter used in each
372	372	source.
373	373	Sec. 158.042. ELIGIBILITY FOR PROMOTIONAL EXAMINATION. (a)
374	374	Each promotional examination is open to each employee who for at
375	375	least two years immediately before the examination date has
376	376	continuously held a position in the classification that is
377	377	immediately below, in salary, the classification for which the
378	378	examination is to be held.
379	379	(b) If the department has adopted a classification plan that
380	380	classifies positions on the basis of similarity in duties and
381	381	responsibilities, each promotional examination is open to each
382	382	employee who has continuously held, for at least two years
383	383	immediately before the examination date, a position at the next
384	384	lower pay grade, if it exists, in the classification for which the
385	385	examination is to be held.
386	386	(c) If there are not sufficient employees in the next lower
387	387	position with two years' service in that position to provide an
388	388	adequate number of employees to take the examination, the
389	389	commission shall open the examination to employees in that position
390	390	with less than two years' service. If there is still an
391	391	insufficient number, the commission may open the examination to
392	392	employees in the second lower position, in salary, to the position
393	393	for which the examination is to be held.
394	394	Sec. 158.043. PROMOTIONAL EXAMINATION PROCEDURE; CRIMINAL
395	395	PENALTY. (a) The commission shall adopt rules governing
396	396	promotions and shall hold promotional examinations to provide
397	397	eligibility lists for each nonexempt classification in the
398	398	department. The examinations shall be held substantially as
399	399	prescribed by this section.
400	400	(b) Each eligible promotional candidate shall be given an
401	401	identical examination in the presence of the other eligible
402	402	promotional candidates, except that an eligible promotional
403	403	candidate who is serving on active military duty outside of this
404	404	state or in a location that is not within reasonable geographic
405	405	proximity to the location where the examination is being
406	406	administered is entitled to take the examination outside of the
407	407	presence of and at a different time than the other candidates and
408	408	may be allowed to take an examination that is not identical to the
409	409	examination administered to the other candidates. The commission
410	410	may adopt rules providing for the efficient administration of
411	411	promotional examinations to eligible promotional candidates who
412	412	are members of the armed forces serving on active military duty. In
413	413	adopting the rules, the commission shall ensure that the
414	414	administration of the examination will not result in unnecessary
415	415	interference with any ongoing military effort. The rules must
416	416	require that:
417	417	(1) at the discretion of the administering entity, an
418	418	examination that is not identical to the examination administered
419	419	to other eligible promotional candidates may be administered to an
420	420	eligible promotional candidate who is serving on active military
421	421	duty; and
422	422	(2) if a candidate serving on active military duty
423	423	takes a promotional examination outside the presence of other
424	424	candidates and passes the examination, the candidate's name shall
425	425	be included in the eligibility list of names of promotional
426	426	candidates who took and passed the examination nearest in time to
427	427	the time at which the candidate on active military duty took the
428	428	examination.
429	429	(c) The examination must be entirely in writing and may not
430	430	in any part consist of an oral interview.
431	431	(d) The examination questions must test the knowledge of the
432	432	eligible promotional candidates about information and facts and
433	433	must be based on:
434	434	(1) the duties of the position for which the
435	435	examination is held;
436	436	(2) material that is of reasonably current publication
437	437	and that has been made reasonably available to each employee
438	438	involved in the examination; and
439	439	(3) any study course given by the departmental schools
440	440	of instruction.
441	441	(e) The examination questions must be taken from the sources
442	442	listed in the posted notice under Section 158.041(a). Employees
443	443	may suggest source materials for the examinations.
444	444	(f) The examination questions must be prepared and composed
445	445	so that the grading of the examination can be promptly completed
446	446	immediately after the examination is over.
447	447	(g) The commission is responsible for the preparation and
448	448	security of each promotional examination. The fairness of the
449	449	competitive promotional examination is the responsibility of the
450	450	commission and each county employee involved in the preparation or
451	451	administration of the examination.
452	452	(h) A person commits an offense if the person knowingly or
453	453	intentionally:
454	454	(1) reveals a part of a promotional examination to an
455	455	unauthorized person for unfair personal gain or advantage; or
456	456	(2) receives from any person a part of a promotional
457	457	examination for unfair personal gain or advantage.
458	458	(i) An offense under Subsection (h) is a misdemeanor
459	459	punishable by a fine of not less than $1,000, confinement in the
460	460	county jail for not more than one year, or both fine and
461	461	confinement.
462	462	Sec. 158.044. PROMOTIONAL EXAMINATION GRADES. (a) The
463	463	grading of each promotional examination shall begin when one
464	464	eligible promotional candidate completes the examination. As the
465	465	eligible promotional candidates finish the examination, the
466	466	examinations shall be graded at the examination location and in the
467	467	presence of any candidate who wants to remain during the grading.
468	468	(b) Each employee is entitled to receive one point for each
469	469	year of seniority as a classified employee in the department, with a
470	470	maximum of 10 points.
471	471	(c) The grade that must be placed on the eligibility list
472	472	for each employee shall be computed by adding the applicant's
473	473	points for seniority to the applicant's grade on the written
474	474	examination, but only if the applicant scores a passing grade on the
475	475	written examination. Each applicant's grade on the written
476	476	examination is based on a maximum grade of 100 points and is
477	477	determined entirely by the correctness of the applicant's answers
478	478	to the questions. All applicants who receive a grade on the written
479	479	examination of at least 70 points shall be determined to have passed
480	480	the examination. If a tie score occurs, the commission shall
481	481	determine a method to break the tie.
482	482	(d) Within 24 hours after a promotional examination is
483	483	given, the commission shall post the individual raw test scores on a
484	484	bulletin board located in the main lobby of the sheriff's
485	485	department.
486	486	Sec. 158.045. REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.
487	487	(a) On request, each eligible promotional candidate is entitled to
488	488	examine the person's promotional examination and answers, the
489	489	examination grading, and the source material for the examination.
490	490	If dissatisfied, the candidate may appeal, within seven days, to
491	491	the commission for review in accordance with this subchapter.
492	492	(b) The eligible promotional candidate may not remove the
493	493	examination or copy a question used in the examination.
494	494	Sec. 158.046. PROCEDURE FOR MAKING PROMOTIONAL
495	495	APPOINTMENTS. (a) When a vacancy occurs in a nonentry, nonexempt
496	496	position, the vacancy shall be filled as prescribed by this
497	497	section. A vacancy in a position described by this subsection
498	498	occurs on the date the position is vacated by:
499	499	(1) resignation;
500	500	(2) retirement;
501	501	(3) death;
502	502	(4) promotion; or
503	503	(5) an indefinite suspension that becomes final.
504	504	(b) If an eligibility list for the position to be filled
505	505	exists on the date the vacancy occurs, the commission shall certify
506	506	to the sheriff the names of the three persons having the highest
507	507	grades on that eligibility list. The commission shall certify the
508	508	names within 10 days after the date the commission is notified of
509	509	the vacancy. If fewer than three names remain on the eligibility
510	510	list or if only one or two eligible promotional candidates passed
511	511	the promotional examination, each name on the list must be
512	512	submitted to the sheriff.
513	513	(c) The commission shall submit names from an existing
514	514	eligibility list to the sheriff until the vacancy is filled or the
515	515	list is exhausted.
516	516	(d) If an eligibility list does not exist on the date a
517	517	vacancy occurs or a new position is created, the commission shall
518	518	hold an examination to create a new eligibility list within 90 days
519	519	after the date the vacancy occurs or a new position is created.
520	520	(e) If an eligibility list exists on the date a vacancy
521	521	occurs, the sheriff shall fill the vacancy by permanent appointment
522	522	from the eligibility list furnished by the commission within 60
523	523	days after the date the vacancy occurs. If an eligibility list does
524	524	not exist, the sheriff shall fill the vacancy by permanent
525	525	appointment from an eligibility list that the commission shall
526	526	provide within 90 days after the date the vacancy occurs.
527	527	(f) Unless the sheriff has a valid reason for not appointing
528	528	the candidate, the sheriff shall appoint the eligible promotional
529	529	candidate having the highest grade on the eligibility list. If the
530	530	sheriff has a valid reason for not appointing the eligible
531	531	promotional candidate having the highest grade, the sheriff shall
532	532	personally discuss the reason with the candidate being bypassed
533	533	before appointing another candidate. The sheriff shall also file
534	534	the reason in writing with the commission and shall provide the
535	535	candidate with a copy of the written notice. The bypassed
536	536	promotional candidate may appeal the decision in accordance with
537	537	Section 158.037.
538	538	(g) If a candidate is bypassed, the candidate's name is
539	539	returned to its place on the eligibility list and shall be
540	540	resubmitted to the sheriff if another vacancy occurs. If the
541	541	sheriff refuses three times to appoint a candidate, files the
542	542	reasons for the refusals in writing with the commission, and the
543	543	commission does not set aside the refusals, the candidate's name
544	544	shall be removed from the eligibility list.
545	545	(h) Each promotional eligibility list remains in existence
546	546	for one year after the date on which the written examination is
547	547	given, unless exhausted. At the expiration of the one-year period,
548	548	the eligibility list expires and a new examination may be held.
549	549	Sec. 158.047. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
550	550	(a) When a vacancy occurs, the sheriff may designate an employee
551	551	from the next lower classification to temporarily fill a position
552	552	in a higher classification. The designated employee is entitled to
553	553	the base salary of the higher position plus the employee's own
554	554	longevity or seniority pay, educational incentive pay, if any, and
555	555	certification pay, if any, during the time the employee performs
556	556	the duties.
557	557	(b) The temporary performance of the duties of a higher
558	558	position by an employee who has not been promoted as prescribed by
559	559	this chapter may not be construed as a promotion.
560	560	Sec. 158.048. LEAVES OF ABSENCE; RESTRICTION PROHIBITED.
561	561	(a) If a sufficient number of employees are available to carry out
562	562	the normal functions of the department, an employee may not be
563	563	refused a reasonable leave of absence without pay to attend a
564	564	school, convention, or meeting if the purpose of the school,
565	565	convention, or meeting is to secure a more efficient department and
566	566	better working conditions for department personnel.
567	567	(b) A rule that affects an employee's constitutional right
568	568	to appear before or to petition the legislature may not be adopted.
569	569	Sec. 158.049. MILITARY LEAVE OF ABSENCE. (a) On written
570	570	application of an employee, the commission shall grant the employee
571	571	a military leave of absence without pay, notwithstanding Section
572	572	158.050, to enable the employee to enter a branch of the United
573	573	States military service. The leave of absence may not exceed the
574	574	period of compulsory military service or the basic minimum
575	575	enlistment period for the branch of service the employee enters.
576	576	(b) The commission shall grant to an employee a leave of
577	577	absence for initial training or annual duty in the military
578	578	reserves or the national guard.
579	579	(c) While an employee serves in the military, the commission
580	580	shall fill the employee's position in the department in accordance
581	581	with this subchapter. The employee who fills the position is
582	582	subject to replacement by the employee who received the military
583	583	leave at the time the employee returns to active duty in the
584	584	department.
585	585	(d) On termination of active military service, an employee
586	586	who received a military leave of absence under this section is
587	587	entitled to be reinstated to the position that the employee held in
588	588	the department at the time the leave of absence was granted if the
589	589	employee:
590	590	(1) receives an honorable discharge;
591	591	(2) remains physically and mentally fit to discharge
592	592	the duties of that position; and
593	593	(3) makes an application for reinstatement within 90
594	594	days after the date the employee is discharged from military
595	595	service.
596	596	(e) On reinstatement, the employee shall receive full
597	597	seniority credit for the time spent in the military service.
598	598	(f) If the reinstatement of an employee causes that
599	599	employee's replacement to be returned to a lower position in grade
600	600	or compensation, the replaced employee has a preferential right to
601	601	a subsequent appointment or promotion to the same or a similar
602	602	position from which the employee was demoted. This preferential
603	603	right has priority over an eligibility list and is subject to the
604	604	replaced employee remaining physically and mentally fit to
605	605	discharge the duties of that position.
606	606	(g) If an employee is called to active military duty for any
607	607	period, the county must continue to maintain any health, dental, or
608	608	life insurance coverage and any health or dental benefits coverage
609	609	that the employee received from the county on the date the employee
610	610	was called to active military duty until the county receives
611	611	written instructions from the employee to change or discontinue the
612	612	coverage.
613	613	(h) In addition to other procedures prescribed by this
614	614	section, an employee may, without restriction as to the amount of
615	615	time, voluntarily substitute for another employee who has been
616	616	called to active federal military duty for a period expected to last
617	617	12 months or longer. An employee who voluntarily substitutes under
618	618	this subsection must be qualified to perform the duties of the
619	619	absent employee.
620	620	Sec. 158.050. MILITARY LEAVE TIME ACCOUNTS. (a) A county
621	621	shall maintain a military leave time account for the sheriff's
622	622	department.
623	623	(b) A military leave time account shall benefit an employee
624	624	who:
625	625	(1) is a member of the Texas National Guard or the
626	626	armed forces reserves of the United States;
627	627	(2) was called to active federal military duty while
628	628	serving as an employee for the sheriff's department;
629	629	(3) has served on active duty for a period of at least
630	630	12 continuous months; and
631	631	(4) has exhausted the balance of the employee's
632	632	vacation, holiday, and compensatory leave time accumulations.
633	633	(c) An employee may donate any amount of accumulated
634	634	vacation, holiday, sick, or compensatory leave time to the military
635	635	leave time account in the department to help provide salary
636	636	continuation for employees who qualify as eligible beneficiaries of
637	637	the account under Subsection (b). An employee who wishes to donate
638	638	time to an account under this section must authorize the donation in
639	639	writing on a form provided by the department and approved by the
640	640	county.
641	641	(d) A county shall equally distribute the leave time donated
642	642	to a military leave time account among all employees who are
643	643	eligible beneficiaries of the account. The county shall credit and
644	644	debit the applicable military leave time account on an hourly basis
645	645	regardless of the cash value of the time donated or used.
646	646	Sec. 158.051. LINE OF DUTY ILLNESS OR INJURY LEAVE OF
647	647	ABSENCE. (a) A county shall provide to an employee a leave of
648	648	absence for an illness or injury related to the employee's
649	649	activities performed in the line of duty. The leave is with full
650	650	pay for a period commensurate with the nature of the line of duty
651	651	illness or injury. If necessary, the leave shall continue for at
652	652	least one year.
653	653	(b) At the end of the one-year period, the county's
654	654	governing body may extend the line of duty illness or injury leave
655	655	at full or reduced pay. If the employee's leave is not extended or
656	656	the employee's salary is reduced below 60 percent of the employee's
657	657	regular monthly salary, and the employee is a member of a pension
658	658	fund, the employee may retire on pension until the employee is able
659	659	to return to duty.
660	660	(c) If pension benefits are not available to an employee who
661	661	is temporarily disabled by a line of duty injury or illness and if
662	662	the year at full pay and any extensions granted by the governing
663	663	body have expired, the employee may use accumulated sick leave,
664	664	vacation time, and other accumulated time before the employee is
665	665	placed on temporary leave.
666	666	(d) If an employee is temporarily disabled by an injury or
667	667	illness that is not related to activities performed in the
668	668	employee's line of duty, the employee may use all sick leave,
669	669	vacation time, and other accumulated time before the employee is
670	670	placed on temporary leave.
671	671	(e) After recovery from a temporary disability, an employee
672	672	shall be reinstated at the same rank and with the same seniority the
673	673	employee had before going on temporary leave.
674	674	(f) While an employee who is temporarily disabled is on
675	675	leave, another employee may voluntarily do the work of the employee
676	676	who is temporarily disabled or donate leave time to maintain the
677	677	salary for the employee who is temporarily disabled until the
678	678	temporarily disabled employee returns to duty.
679	679	Sec. 158.052. REAPPOINTMENT AFTER RECOVERY FROM
680	680	DISABILITY. With the commission's approval and if otherwise
681	681	qualified, an employee who has been certified by a physician
682	682	selected by a pension fund as having recovered from a disability for
683	683	which the employee has been receiving a monthly disability pension
684	684	is eligible for reappointment to the classified position that the
685	685	employee held on the date the employee qualified for the monthly
686	686	disability pension.
687	687	Sec. 158.053. PERSONNEL FILE. (a) The commission or the
688	688	commission's designee shall maintain a personnel file on each
689	689	employee. The personnel file must contain any letter, memorandum,
690	690	or document relating to:
691	691	(1) a commendation, congratulation, or honor bestowed
692	692	on the employee by a member of the public or by the department for an
693	693	action, duty, or activity that relates to the employee's official
694	694	duties;
695	695	(2) any misconduct by the employee if the letter,
696	696	memorandum, or document is from the department and if the
697	697	misconduct resulted in disciplinary action by the employing
698	698	department in accordance with this subchapter; and
699	699	(3) the periodic evaluation of the employee by a
700	700	supervisor.
701	701	(b) A letter, memorandum, or document relating to alleged
702	702	misconduct by the employee may not be placed in the employee's
703	703	personnel file if the department determines that there is
704	704	insufficient evidence to sustain the charge of misconduct.
705	705	(c) A letter, memorandum, or document relating to
706	706	disciplinary action taken against the employee or to alleged
707	707	misconduct by the employee that is placed in the employee's
708	708	personnel file as provided by Subsection (a)(2) shall be removed
709	709	from the employee's file if the commission finds that:
710	710	(1) the disciplinary action was taken without just
711	711	cause; or
712	712	(2) the charge of misconduct was not supported by
713	713	sufficient evidence.
714	714	(d) If a negative letter, memorandum, document, or other
715	715	notation of negative impact is included in an employee's personnel
716	716	file, the commission or the commission's designee shall, within 30
717	717	days after the date of the inclusion, notify the affected employee.
718	718	The employee may, on or before the 15th day after the date of
719	719	receipt of the notification, file a written response to the
720	720	negative letter, memorandum, document, or other notation.
721	721	(e) The employee is entitled, on request, to a copy of any
722	722	letter, memorandum, or document placed in the employee's personnel
723	723	file. The county may charge the employee a reasonable fee not to
724	724	exceed the actual cost for any copies provided under this
725	725	subsection.
726	726	(f) The commission or the commission's designee may not
727	727	release any information contained in an employee's personnel file
728	728	without first obtaining the employee's written permission, unless
729	729	the release of the information is required by law.
730	730	(g) The department may maintain a personnel file on an
731	731	employee for the department's use, but the department may not
732	732	release any information contained in the department file to any
733	733	agency or person requesting information relating to the employee.
734	734	The department shall refer to the commission or the commission's
735	735	designee a person or agency that requests information that is
736	736	maintained in the employee's personnel file.
737	737	Sec. 158.054. INVESTIGATION OF EMPLOYEES. (a) In this
738	738	section:
739	739	(1) "Complainant" means a person claiming to be the
740	740	victim of misconduct by an employee.
741	741	(2) "Investigation" means an administrative
742	742	investigation, conducted by the county, of alleged misconduct by an
743	743	employee that could result in punitive action against that
744	744	employee.
745	745	(3) "Investigator" means an agent or employee of the
746	746	county who is assigned to conduct an investigation.
747	747	(4) "Normally assigned working hours" includes those
748	748	hours during which an employee is actually at work or at the
749	749	employee's assigned place of work, but does not include any time
750	750	when the employee is off duty on authorized leave, including sick
751	751	leave.
752	752	(5) "Punitive action" means a disciplinary
753	753	suspension, indefinite suspension, demotion in rank, reprimand, or
754	754	any combination of those actions.
755	755	(b) An investigator may interrogate an employee who is the
756	756	subject of an investigation only during the employee's normally
757	757	assigned working hours unless:
758	758	(1) the seriousness of the investigation, as
759	759	determined by the sheriff or the sheriff's designee, requires
760	760	interrogation at another time; and
761	761	(2) the employee is compensated for the interrogation
762	762	time on an overtime basis.
763	763	(c) The sheriff may not consider work time missed from
764	764	regular duties by an employee due to participation in the conduct of
765	765	an investigation in determining whether to impose a punitive action
766	766	or in determining the severity of a punitive action.
767	767	(d) An investigator may not interrogate an employee who is
768	768	the subject of an investigation or conduct any part of the
769	769	investigation at that employee's home without that employee's
770	770	permission.
771	771	(e) A person may not be assigned to conduct an investigation
772	772	if the person is the complainant, the ultimate decision maker
773	773	regarding disciplinary action, or a person who has any personal
774	774	involvement regarding the alleged misconduct. An employee who is
775	775	the subject of an investigation has the right to inquire and, on
776	776	inquiry, to be informed of the identities of each investigator
777	777	participating in an interrogation of the employee.
778	778	(f) Before an investigator may interrogate an employee who
779	779	is the subject of an investigation, the investigator must inform
780	780	the employee in writing of the nature of the investigation and the
781	781	name of each person who complained about the employee concerning
782	782	the matters under investigation. An investigator may not conduct
783	783	an interrogation of an employee based on a complaint by a
784	784	complainant who is not a peace officer unless the complainant
785	785	verifies the complaint in writing before a public officer who is
786	786	authorized by law to take statements under oath. In an
787	787	investigation authorized under this subsection, an investigator
788	788	may interrogate an employee about events or conduct reported by a
789	789	witness who is not a complainant without disclosing the name of the
790	790	witness. Not later than the 48th hour before the hour on which an
791	791	investigator begins to interrogate an employee regarding an
792	792	allegation based on a complaint, affidavit, or statement, the
793	793	investigator shall give the employee a copy of the affidavit,
794	794	complaint, or statement. An interrogation may be based on a
795	795	complaint from an anonymous complainant if the departmental
796	796	employee receiving the anonymous complaint certifies in writing,
797	797	under oath, that the complaint was anonymous. This subsection does
798	798	not apply to an on-the-scene investigation that occurs immediately
799	799	after an incident being investigated if the limitations of this
800	800	subsection would unreasonably hinder the essential purpose of the
801	801	investigation or interrogation. If the limitation would hinder the
802	802	investigation or interrogation, the employee under investigation
803	803	must be furnished, as soon as practicable, a written statement of
804	804	the nature of the investigation, the name of each complaining
805	805	party, and the complaint, affidavit, or statement.
806	806	(g) An interrogation session of an employee who is the
807	807	subject of an investigation may not be unreasonably long. In
808	808	determining reasonableness, the gravity and complexity of the
809	809	investigation must be considered. The investigators shall allow
810	810	reasonable interruptions to permit the employee to attend to
811	811	personal physical necessities.
812	812	(h) An investigator may not threaten an employee who is the
813	813	subject of an investigation with punitive action during an
814	814	interrogation. However, an investigator may inform an employee
815	815	that failure to truthfully answer reasonable questions directly
816	816	related to the investigation or to fully cooperate in the conduct of
817	817	the investigation may result in punitive action.
818	818	(i) If prior notification of intent to record an
819	819	interrogation is given to the other party, either the investigator
820	820	or the employee who is the subject of an interrogation may record
821	821	the interrogation.
822	822	(j) If an investigation does not result in punitive action
823	823	against an employee but does result in a reprimand recorded in
824	824	writing or an adverse finding or determination regarding that
825	825	employee, the reprimand, finding, or determination may not be
826	826	placed in that employee's personnel file unless the employee is
827	827	first given an opportunity to read and sign the document. If the
828	828	employee refuses to sign the reprimand, finding, or determination,
829	829	it may be placed in the personnel file with a notation that the
830	830	employee refused to sign it. An employee may respond in writing to
831	831	a reprimand, finding, or determination that is placed in the
832	832	employee's personnel file under this subsection by submitting a
833	833	written response to the commission within 10 days after the date the
834	834	employee is asked to sign the document. The response must be placed
835	835	in the personnel file. An employee who receives a punitive action
836	836	and who elects not to appeal the action may file a written response
837	837	as prescribed by this subsection within 10 days after the date the
838	838	employee is given written notice of the punitive action from the
839	839	sheriff.
840	840	(k) If the sheriff or any investigator violates any of the
841	841	provisions of this section while conducting an investigation, the
842	842	commission shall reverse any punitive action taken pursuant to the
843	843	investigation, including a reprimand, and any information obtained
844	844	during the investigation shall be specifically excluded from
845	845	introduction into evidence in any proceeding against the employee.
846	846	Sec. 158.055. GRIEVANCE PROCEDURE. (a) An employee may
847	847	file a grievance as provided by this subchapter. The employee may
848	848	file a grievance that relates to the employee's employment,
849	849	including matters relating to a written or oral reprimand,
850	850	transfers, job performance reviews, and job assignments. The
851	851	employee may not file a grievance relating to:
852	852	(1) a disciplinary suspension, indefinite suspension,
853	853	promotional pass over, or demotion or other action or decision for
854	854	which a hearing, review, or appeal is otherwise provided by this
855	855	subchapter; or
856	856	(2) an allegation of discrimination based, in whole or
857	857	in part, on race, color, religion, sex, or national origin.
858	858	(b) The commission shall monitor and assist the operation of
859	859	the grievance procedure. The commission's duties include:
860	860	(1) aiding the department and departmental grievance
861	861	counselors;
862	862	(2) notifying the parties of meetings;
863	863	(3) docketing cases before the grievance examiner; and
864	864	(4) ensuring that the grievance procedure operates
865	865	timely and effectively.
866	866	(c) The sheriff shall appoint from among the members of the
867	867	department a grievance counselor whose duties include:
868	868	(1) providing appropriate grievance forms to an
869	869	employee;
870	870	(2) accepting, on behalf of the sheriff, a step I or II
871	871	grievance;
872	872	(3) assisting the employee in handling the grievance;
873	873	(4) forwarding a copy of a step I or II grievance form
874	874	to the commission and notifying the sheriff;
875	875	(5) arranging a meeting between the employee and that
876	876	employee's immediate supervisor as prescribed by Section
877	877	158.056(b);
878	878	(6) arranging a meeting described by Section
879	879	158.057(b); and
880	880	(7) performing other duties that the sheriff may
881	881	assign.
882	882	(d) The grievance procedure consists of four steps. In any
883	883	step of the grievance process in which the aggrieved employee's
884	884	immediate supervisor is included, the sheriff or the departmental
885	885	grievance counselor may add an appropriate supervisor who is not
886	886	the employee's immediate supervisor or may designate that
887	887	supervisor to replace the employee's immediate supervisor, if the
888	888	sheriff or grievance counselor determines that the other supervisor
889	889	has the authority to resolve the employee's grievance.
890	890	Sec. 158.056. STEP I GRIEVANCE PROCEDURE. (a) To begin a
891	891	grievance action, an employee must file a completed written step I
892	892	grievance form with the departmental grievance counselor within 30
893	893	days after the date the action or inaction for which the employee
894	894	feels aggrieved occurred. A step I grievance form may be obtained
895	895	from the departmental grievance counselor. If the form is not
896	896	timely filed, the grievance is waived.
897	897	(b) If the step I grievance form is timely filed under
898	898	Subsection (a), the departmental grievance counselor shall arrange
899	899	a meeting of the employee, that employee's immediate supervisor or
900	900	other appropriate supervisor or both, and the person or persons
901	901	against whom the grievance is lodged. The departmental grievance
902	902	counselor shall schedule the step I meeting within 30 calendar days
903	903	after the date the form is filed. If the grievance is lodged against
904	904	the sheriff, the sheriff may send a representative.
905	905	(c) The employee's immediate supervisor or other
906	906	appropriate supervisor, or both, shall fully, candidly, and openly
907	907	discuss the grievance with the employee in a sincere attempt to
908	908	resolve it.
909	909	(d) Regardless of the outcome of the meeting, the employee's
910	910	immediate supervisor or other appropriate supervisor, or both,
911	911	shall provide a written response to the employee, with a copy to the
912	912	grievance counselor, within 15 calendar days after the date the
913	913	meeting occurs. The response must include the supervisor's
914	914	evaluation and proposed solution. The response shall either be
915	915	personally delivered to the employee or be mailed by certified
916	916	mail, return receipt requested, to the last home address provided
917	917	by that employee.
918	918	(e) If the proposed solution is not acceptable, the employee
919	919	may file a step II grievance form with the departmental grievance
920	920	counselor in accordance with Section 158.057. If the aggrieved
921	921	employee fails to timely file a step II grievance form, the solution
922	922	is considered accepted.
923	923	Sec. 158.057. STEP II GRIEVANCE PROCEDURE. (a) To continue
924	924	the grievance procedure, the employee must complete a step II
925	925	grievance form and file it with the sheriff or the departmental
926	926	grievance counselor within 15 calendar days after the date the
927	927	employee receives the supervisor's response under Section 158.056.
928	928	(b) If the step II grievance form is timely filed under
929	929	Subsection (a), the departmental grievance counselor shall arrange
930	930	a meeting of the employee, that employee's immediate supervisor or
931	931	other appropriate supervisor or both, and the sheriff or the
932	932	sheriff's representative who must have a rank of at least captain or
933	933	the equivalent. The meeting shall be held within 15 calendar days
934	934	after the date the form is filed.
935	935	(c) Regardless of the outcome of the meeting, the sheriff or
936	936	the sheriff's representative shall provide a written response to
937	937	the employee within 15 calendar days after the date the meeting
938	938	occurs. The response shall either be personally delivered to the
939	939	employee or be mailed by certified mail, return receipt requested,
940	940	to the last home address provided by that employee.
941	941	(d) If the proposed solution is not acceptable, the employee
942	942	may either submit a written request stating the employee's decision
943	943	to appeal to an independent third-party hearing examiner pursuant
944	944	to the provisions of Section 158.0373 or file a step III grievance
945	945	form with the director in accordance with Section 158.058. If the
946	946	employee fails to timely file a step III grievance form or a written
947	947	request to appeal to a hearing examiner, the solution is considered
948	948	accepted. Notwithstanding Section 158.0373(i), if the employee
949	949	prevails and the hearing examiner upholds the grievance in its
950	950	entirety, the department shall bear the cost of the appeal to the
951	951	hearing examiner. If the employee fails to prevail and the hearing
952	952	examiner denies the grievance in its entirety, the employee shall
953	953	bear the cost of the appeal to the hearing examiner. If neither
954	954	party entirely prevails and the hearing examiner upholds part of
955	955	the grievance and denies part of it, the hearing examiner's fees and
956	956	expenses shall be shared equally by the employee and the
957	957	department.
958	958	Sec. 158.058. STEP III GRIEVANCE PROCEDURE. (a) To
959	959	continue the grievance procedure, an employee who did not appeal to
960	960	a hearing examiner under Section 158.057(d) must complete a step
961	961	III grievance form and file it with the commission within 15
962	962	calendar days after the date the employee receives the sheriff's
963	963	response under Section 158.057.
964	964	(b) If the step III grievance form is timely filed under
965	965	Subsection (a), the commission shall arrange a hearing of the
966	966	employee and a grievance examiner to be appointed by the commission
967	967	under Section 158.060. The hearing shall be held within 15 of the
968	968	aggrieved employee's working days after the date the form is filed.
969	969	(c) A hearing shall be conducted as an informal
970	970	administrative procedure. Grievances arising out of the same or
971	971	similar fact situations may be heard at the same hearing. A court
972	972	reporter shall record the hearing. All witnesses shall be examined
973	973	under oath. The employee, the employee's immediate supervisor or
974	974	other appropriate supervisor or both, the sheriff or the sheriff's
975	975	designated representative or both, and each person specifically
976	976	named in the grievance are parties to the hearing. The burden of
977	977	proof is on the aggrieved employee.
978	978	(d) The grievance examiner shall make written findings and a
979	979	recommendation for solution of the grievance within 15 calendar
980	980	days after the date the hearing ends. The findings and
981	981	recommendation shall be given to the commission and copies mailed
982	982	to the employee by certified mail, return receipt requested, at the
983	983	last home address provided by that employee, and to the sheriff.
984	984	(e) If the proposed solution is not acceptable to either the
985	985	employee or the sheriff, either party may file a step IV grievance
986	986	form with the commission in accordance with Section 158.059. If the
987	987	employee or the sheriff fails to timely file a step IV grievance
988	988	form, the solution is considered accepted by that person.
989	989	Sec. 158.059. STEP IV GRIEVANCE PROCEDURE. (a) If the
990	990	sheriff or the employee rejects the proposed solution under Section
991	991	158.058, the sheriff, the sheriff's designated representative, or
992	992	the employee must complete a step IV grievance form and file it with
993	993	the commission within 15 calendar days after the date the person
994	994	receives the grievance examiner's recommendation.
995	995	(b) The commission shall review the grievance examiner's
996	996	findings and recommendation and consider the transcript of the step
997	997	III hearing at the commission's next regularly scheduled meeting or
998	998	as soon as practicable. The transcript shall be filed within 30
999	999	days of the step IV grievance being filed. The commission may for
1000	1000	good cause shown grant a reasonable delay not to exceed 30 days to
1001	1001	file the transcript. In no event may the commission render a
1002	1002	decision later than 30 days after the date the transcript is filed.
1003	1003	If the commission does not render a decision within 30 days after
1004	1004	the date the transcript is filed, the commission shall sustain the
1005	1005	employee's grievance.
1006	1006	(c) The commission shall base its decision solely on the
1007	1007	transcript and demonstrative evidence offered and accepted at the
1008	1008	step III hearing. The commission shall furnish a written copy of
1009	1009	the order containing its decision to the employee, the sheriff, and
1010	1010	the grievance examiner. The copy to the employee shall be mailed by
1011	1011	certified mail, return receipt requested, to the last home address
1012	1012	provided by that employee. The commission decision is final.
1013	1013	Sec. 158.060. GRIEVANCE EXAMINER. (a) The commission
1014	1014	shall appoint a grievance examiner by a majority vote. The
1015	1015	commission may appoint more than one grievance examiner if
1016	1016	necessary. The commission may appoint a different grievance
1017	1017	examiner for each grievance. An examiner may not be affiliated with
1018	1018	any other department and is responsible only to the commission. The
1019	1019	commission shall pay an examiner from a special budget established
1020	1020	for this purpose, and shall provide an examiner sufficient office
1021	1021	space and clerical support.
1022	1022	(b) The grievance examiner may:
1023	1023	(1) impose a reasonable limit on the time allowed each
1024	1024	party and the number of witnesses to be heard;
1025	1025	(2) administer oaths;
1026	1026	(3) examine a witness under oath;
1027	1027	(4) subpoena and require the attendance of witnesses
1028	1028	or the production of documents, books, or other pertinent material;
1029	1029	and
1030	1030	(5) accept affidavits instead of or in addition to
1031	1031	live testimony.
1032	1032	Sec. 158.061. SPECIAL PROVISIONS FOR STEPS I AND II. (a)
1033	1033	If the aggrieved employee's immediate supervisor is the sheriff,
1034	1034	the steps prescribed by Sections 158.056 and 158.057 are combined.
1035	1035	The sheriff shall meet with the aggrieved employee and may not
1036	1036	appoint a representative.
1037	1037	(b) A sheriff, with the approval of the commission, may
1038	1038	change the procedure prescribed by Sections 158.056 and 158.057 to
1039	1039	reflect a change in a department's chain of command.
1040	1040	Sec. 158.062. MISCELLANEOUS GRIEVANCE PROVISIONS. (a) An
1041	1041	employee may, but is not required to, obtain a representative at any
1042	1042	time during the grievance procedure. The county is not obligated to
1043	1043	provide or pay the costs of providing representation. The
1044	1044	representative:
1045	1045	(1) is not required to be an attorney;
1046	1046	(2) is entitled to be present to advise the employee;
1047	1047	(3) is entitled to present any evidence or information
1048	1048	for the employee; and
1049	1049	(4) may not be prevented from fully participating in
1050	1050	any of the grievance proceedings.
1051	1051	(b) An employee may take reasonable time off from a job
1052	1052	assignment to file a grievance and attend a meeting or hearing.
1053	1053	Time taken to pursue a grievance may not be charged against that
1054	1054	employee. The employee shall be compensated on an overtime basis
1055	1055	for the time that employee spends at a grievance meeting or hearing
1056	1056	if:
1057	1057	(1) the meeting or hearing is scheduled at a time other
1058	1058	than that employee's normally assigned working hours; and
1059	1059	(2) that employee prevails in the grievance.
1060	1060	(c) If notice that a grievance meeting or hearing is to be
1061	1061	recorded is provided to all persons present at the meeting or
1062	1062	hearing, the employee, the sheriff, or the sheriff's designee may
1063	1063	record the meeting or hearing.
1064	1064	(d) The commission shall provide a suitable notice
1065	1065	explaining the grievance procedure prescribed by this subchapter
1066	1066	and furnish copies to the department. The notice shall be posted in
1067	1067	a prominent place or places within the department work areas to give
1068	1068	reasonable notice of the grievance procedure to each member of the
1069	1069	department.
1070	1070	(e) At the request of the sheriff or an employee who has
1071	1071	filed a grievance under this subchapter, the county's legal
1072	1072	department or the commission shall assist in resolving the
1073	1073	grievance.
1074	1074	(f) The commission is the official final custodian of all
1075	1075	records involving grievances. A depository for closed files
1076	1076	regarding grievances shall be maintained by the commission.
1077	1077	(g) An employee who files a grievance pursuant to this
1078	1078	section and Sections 158.055 through 158.061 is entitled to 48
1079	1079	hours notice of any meeting or hearing scheduled under Section
1080	1080	158.056(b), 158.057(b), 158.058(b), or 158.059(b). In the event
1081	1081	that the employee is not given 48 hours advance notice, the
1082	1082	employee's grievance shall be automatically sustained and no
1083	1083	further action may be had on the grievance.
1084	1084	(h) If the decision of the commission under Section 158.059
1085	1085	or the decision of a hearing examiner under Section 158.057 that has
1086	1086	become final is favorable to an employee, the sheriff shall
1087	1087	implement the relief granted to the employee not later than the 10th
1088	1088	day after the date on which the decision was issued. If the sheriff
1089	1089	intentionally fails to implement the relief within the 10-day
1090	1090	period, the county shall pay the employee $1,000 for each day after
1091	1091	the 10-day period that the decision is not yet implemented.
1092	1092	SECTION 5. This Act takes effect immediately if it receives
1093	1093	a vote of two-thirds of all the members elected to each house, as
1094	1094	provided by Section 39, Article III, Texas Constitution. If this
1095	1095	Act does not receive the vote necessary for immediate effect, this
1096	1096	Act takes effect September 1, 2019.