Texas 2019 - 86th Regular

Texas House Bill HB3910 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3910
	1	+	By: Sherman, Sr., et al. (Senate Sponsor - West) H.B. No. 3910
	2	+	(In the Senate - Received from the House May 7, 2019;
	3	+	May 8, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2019, reported favorably by the following vote:
	5	+	Yeas 8, Nays 1; May 19, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the establishment of one or more supplemental county
6	12		civil service commissions in certain counties.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 158.001, Local Government Code, is
9	15		amended by adding Subdivision (4) to read as follows:
10	16		(4) "Supplemental commission" means a supplemental
11	17		commission established under Section 158.0085.
12	18		SECTION 2. Subchapter A, Chapter 158, Local Government
13	19		Code, is amended by adding Section 158.0085 to read as follows:
14	20		Sec. 158.0085. SUPPLEMENTAL COMMISSION IN CERTAIN
15	21		COUNTIES. (a) This section applies only to a county:
16	22		(1) with a population of more than 2.5 million that is
17	23		adjacent to a county with a population of more than one million; and
18	24		(2) in which a civil service system has been created
19	25		under this subchapter.
20	26		(b) The commissioners court of a county may establish one or
21	27		more supplemental commissions to assist the commission in
22	28		administering the system.
23	29		(c) The commissioners court shall appoint three individuals
24	30		to serve as members of each supplemental commission and shall
25	31		designate one of the members as chair of the supplemental
26	32		commission.
27	33		(d) Sections 158.008(b)-(e) apply to the appointment of a
28	34		member of a supplemental commission in the same manner that those
29	35		provisions apply to the appointment of a member of the commission.
30	36		SECTION 3. Section 158.009, Local Government Code, is
31	37		amended to read as follows:
32	38		Sec. 158.009. POWERS OF THE COMMISSION AND SUPPLEMENTAL
33	39		COMMISSIONS. (a) Except as provided by Subsection (a-1) and
34	40		Section 158.010, the commission shall adopt, publish, and enforce
35	41		rules regarding the following categories of matters:
36	42		(1) the definition of a county employee;
37	43		(2) selection and classification of county employees;
38	44		(3) competitive examinations;
39	45		(4) promotions, seniority, and tenure;
40	46		(5) layoffs and dismissals;
41	47		(6) disciplinary actions;
42	48		(7) grievance procedures; and
43	49		(8) other matters relating to the selection of county
44	50		employees and the procedural and substantive rights, advancement,
45	51		benefits, and working conditions of county employees.
46	52		(a-1) Notwithstanding any other provision of this
47	53		subchapter, a supplemental commission shall adopt, publish, or
48	54		enforce a rule regarding a category of matters listed under
49	55		Subsection (a) if the adoption, publication, or enforcement of the
50	56		rule is specifically delegated by category to the supplemental
51	57		commission by the commissioners court. If the commissioners court
52	58		has established more than one supplemental commission, the
53	59		commissioners court may not delegate the authority to adopt,
54	60		publish, or enforce a rule regarding a category of matters listed
55	61		under Subsection (a) to more than one of the supplemental
56	62		commissions. The commission may not adopt, publish, or enforce a
57	63		rule regarding a category of matters listed under Subsection (a) if
58	64		the commissioners court has delegated that authority to a
59	65		supplemental commission.
60	66		(b) The commission or a supplemental commission may adopt or
61	67		use as a guide any civil service law or rule of the United States,
62	68		this state, or a political subdivision in this state to the extent
63	69		that the law or rule promotes the purposes of this subchapter and
64	70		serves the needs of the county.
65	71		(c) The commission or a supplemental commission may not
66	72		adopt or enforce a rule requiring a county employee to retire
67	73		because of age. The commission or a supplemental commission may
68	74		adopt a rule requiring a county employee, on reaching an age set by
69	75		the commission, to submit annually to the commission an affidavit
70	76		from a physician stating that the employee is physically and
71	77		mentally capable of continuing employment.
72	78		SECTION 4. Sections 158.0095(a) and (b), Local Government
73	79		Code, are amended to read as follows:
74	80		(a) In a proceeding before the commission or a supplemental
75	81		commission under this subchapter, the chair [chairman] of the
76	82		commission or of the supplemental commission, as applicable, shall,
77	83		on request of a person described by Subsection (b):
78	84		(1) administer oaths; and
79	85		(2) issue subpoenas and subpoenas duces tecum for the
80	86		attendance of witnesses and for the production of documentary
81	87		material.
82	88		(b) The affected employee, the county attorney, or a
83	89		designee of the employee or county attorney may request the chair
84	90		[chairman] of the commission or of the supplemental commission, as
85	91		applicable, to subpoena any books, records, documents, papers,
86	92		accounts, or witnesses that the requestor considers relevant to the
87	93		case. The request must be made before the 15th day before the date
88	94		the applicable [a] commission or supplemental commission
89	95		proceeding will be held.
90	96		SECTION 5. Section 158.010(e), Local Government Code, is
91	97		amended to read as follows:
92	98		(e) The rules adopted by the commission or a supplemental
93	99		commission under Section 158.009 relating to the selection and
94	100		classification of county employees and to competitive examinations
95	101		for selection apply to the initial hiring of personnel under this
96	102		section.
97	103		SECTION 6. Section 158.011, Local Government Code, is
98	104		amended to read as follows:
99	105		Sec. 158.011. COMPENSATION AND STAFF. The members of the
100	106		commission and of a supplemental commission serve without
101	107		compensation, but the commissioners court shall reimburse each
102	108		member for all necessary expenses incurred in performing the
103	109		member's duties. The commissioners court shall provide the
104	110		commission with adequate office space for the commission and each
105	111		supplemental commission and sufficient funds to employ an adequate
106	112		staff and to purchase necessary supplies and equipment.
107	113		SECTION 7. Section 158.012(a), Local Government Code, is
108	114		amended to read as follows:
109	115		(a) A county employee who, on a final decision by the
110	116		commission or a supplemental commission, is demoted, suspended, or
111	117		removed from the employee's position may appeal the decision by
112	118		filing a petition in a district court in the county within 30 days
113	119		after the date of the decision.
114	120		SECTION 8. Section 158.0121, Local Government Code, is
115	121		amended to read as follows:
116	122		Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In
117	123		an appeal under Section 158.012, the district court may not
118	124		substitute its judgment for the judgment of the commission or a
119	125		supplemental commission on the weight of the evidence on questions
120	126		committed to the commission's or supplemental commission's
121	127		discretion but:
122	128		(1) may affirm the commission's or supplemental
123	129		commission's decision in whole or in part; and
124	130		(2) shall reverse or remand the case for further
125	131		proceedings if substantial rights of the petitioner have been
126	132		prejudiced because the commission's or supplemental commission's
127	133		findings, inferences, conclusions, or decisions are:
128	134		(A) in violation of a constitutional or statutory
129	135		provision;
130	136		(B) in excess of the commission's or supplemental
131	137		commission's authority;
132	138		(C) made through unlawful procedure;
133	139		(D) affected by other error of law;
134	140		(E) not reasonably supported by substantial
135	141		evidence considering the reliable and probative evidence in the
136	142		record as a whole; or
137	143		(F) arbitrary or capricious, characterized by
138	144		abuse of discretion, or clearly an unwarranted exercise of
139	145		discretion.
140	146		SECTION 9. Section 158.0122, Local Government Code, is
141	147		amended to read as follows:
142	148		Sec. 158.0122. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL
143	149		EVIDENCE RULE. (a) After service of the petition on the commission
144	150		or a supplemental commission and within the time permitted for
145	151		filing an answer or within additional time allowed by the court, the
146	152		commission or supplemental commission, as applicable, shall send to
147	153		the reviewing court the original or a certified copy of the entire
148	154		record of the proceeding under review. The record shall be filed
149	155		with the clerk of the court. The record may be shortened by
150	156		stipulation of all parties to the review proceedings. The court may
151	157		assess additional costs against a party who unreasonably refuses to
152	158		stipulate to limit the record, unless the party pays all costs of
153	159		record preparation. The court may require or permit later
154	160		corrections or additions to the record.
155	161		(b) A party may apply to the court to present additional
156	162		evidence. If the court is satisfied that the additional evidence is
157	163		material and that there were good reasons for the failure to present
158	164		it in the proceeding before the commission or supplemental
159	165		commission, the court may order that the additional evidence be
160	166		taken before the commission or supplemental commission, as
161	167		applicable, on conditions determined by the court. The commission
162	168		or supplemental commission, as applicable, may change its findings
163	169		and decisions by reason of the additional evidence and shall file
164	170		the additional evidence and any changes, new findings, or decisions
165	171		with the reviewing court.
166	172		(c) The party seeking judicial review shall offer, and the
167	173		reviewing court shall admit, the commission or supplemental
168	174		commission record, as applicable, into evidence as an exhibit.
169	175		(d) The court shall conduct the review sitting without a
170	176		jury and is confined to the commission or supplemental commission
171	177		record, as applicable, except that the court may receive evidence
172	178		of procedural irregularities alleged to have occurred before the
173	179		commission or supplemental commission that are not reflected in the
174	180		record.
175	181		SECTION 10. The heading to Section 158.0123, Local
176	182		Government Code, is amended to read as follows:
177	183		Sec. 158.0123. COST OF PREPARING [COMMISSION] RECORD OF
178	184		PROCEEDING.
179	185		SECTION 11. Section 158.0123(a), Local Government Code, is
180	186		amended to read as follows:
181	187		(a) The commission or supplemental commission, as
182	188		applicable, may require a party who appeals a final decision under
183	189		Section 158.012 to pay one-half of the cost of preparation of the
184	190		original or a certified copy of the record of the [commission]
185	191		proceeding that is required to be sent to the reviewing court.
186	192		SECTION 12. This Act takes effect immediately if it
187	193		receives a vote of two-thirds of all the members elected to each
188	194		house, as provided by Section 39, Article III, Texas Constitution.
189	195		If this Act does not receive the vote necessary for immediate
190	196		effect, this Act takes effect September 1, 2019.
191		-	______________________________ ______________________________
192		-	President of the Senate Speaker of the House
193		-	I certify that H.B. No. 3910 was passed by the House on May 7,
194		-	2019, by the following vote: Yeas 110, Nays 38, 1 present, not
195		-	voting.
196		-	______________________________
197		-	Chief Clerk of the House
198		-	I certify that H.B. No. 3910 was passed by the Senate on May
199		-	21, 2019, by the following vote: Yeas 28, Nays 3.
200		-	______________________________
201		-	Secretary of the Senate
202		-	APPROVED: _____________________
203		-	Date
204		-	_____________________
205		-	Governor
	197	+	* * * * *