Texas 2019 - 86th Regular

Texas Senate Bill SB126 Compare Versions

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

Old	New	Differences
1	1	86R2618 TJB-F
2	2	By: West S.B. No. 126
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of one or more supplemental county
8	8	civil service commissions in certain counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 158.001, Local Government Code, is
11	11	amended by adding Subdivision (4) to read as follows:
12	12	(4) "Supplemental commission" means a supplemental
13	13	commission established under Section 158.0085.
14	14	SECTION 2. Subchapter A, Chapter 158, Local Government
15	15	Code, is amended by adding Section 158.0085 to read as follows:
16	16	Sec. 158.0085. SUPPLEMENTAL COMMISSION IN CERTAIN
17	17	COUNTIES. (a) This section applies only to a county:
18	18	(1) with a population of more than two million that is
19	19	adjacent to a county with a population of more than one million; and
20	20	(2) in which a civil service system has been created
21	21	under this subchapter.
22	22	(b) The commissioners court of a county may establish one or
23	23	more supplemental commissions to assist the commission in
24	24	administering the system.
25	25	(c) The commissioners court shall appoint three individuals
26	26	to serve as members of each supplemental commission and shall
27	27	designate one of the members as chair of the supplemental
28	28	commission.
29	29	(d) Sections 158.008(b)-(e) apply to the appointment of a
30	30	member of a supplemental commission in the same manner that those
31	31	provisions apply to the appointment of a member of the commission.
32	32	SECTION 3. Section 158.009, Local Government Code, is
33	33	amended to read as follows:
34	34	Sec. 158.009. POWERS OF THE COMMISSION AND SUPPLEMENTAL
35	35	COMMISSIONS. (a) Except as provided by Subsection (a-1) and
36	36	Section 158.010, the commission shall adopt, publish, and enforce
37	37	rules regarding the following categories of matters:
38	38	(1) the definition of a county employee;
39	39	(2) selection and classification of county employees;
40	40	(3) competitive examinations;
41	41	(4) promotions, seniority, and tenure;
42	42	(5) layoffs and dismissals;
43	43	(6) disciplinary actions;
44	44	(7) grievance procedures; and
45	45	(8) other matters relating to the selection of county
46	46	employees and the procedural and substantive rights, advancement,
47	47	benefits, and working conditions of county employees.
48	48	(a-1) Notwithstanding any other provision of this
49	49	subchapter, a supplemental commission shall adopt, publish, or
50	50	enforce a rule regarding a category of matters listed under
51	51	Subsection (a) if the adoption, publication, or enforcement of the
52	52	rule is specifically delegated by category to the supplemental
53	53	commission by the commissioners court. If the commissioners court
54	54	has established more than one supplemental commission, the
55	55	commissioners court may not delegate the authority to adopt,
56	56	publish, or enforce a rule regarding a category of matters listed
57	57	under Subsection (a) to more than one of the supplemental
58	58	commissions. The commission may not adopt, publish, or enforce a
59	59	rule regarding a category of matters listed under Subsection (a) if
60	60	the commissioners court has delegated that authority to a
61	61	supplemental commission.
62	62	(b) The commission or a supplemental commission may adopt or
63	63	use as a guide any civil service law or rule of the United States,
64	64	this state, or a political subdivision in this state to the extent
65	65	that the law or rule promotes the purposes of this subchapter and
66	66	serves the needs of the county.
67	67	(c) The commission or a supplemental commission may not
68	68	adopt or enforce a rule requiring a county employee to retire
69	69	because of age. The commission or a supplemental commission may
70	70	adopt a rule requiring a county employee, on reaching an age set by
71	71	the commission, to submit annually to the commission an affidavit
72	72	from a physician stating that the employee is physically and
73	73	mentally capable of continuing employment.
74	74	SECTION 4. Sections 158.0095(a) and (b), Local Government
75	75	Code, are amended to read as follows:
76	76	(a) In a proceeding before the commission or a supplemental
77	77	commission under this subchapter, the chair [chairman] of the
78	78	commission or of the supplemental commission, as applicable, shall,
79	79	on request of a person described by Subsection (b):
80	80	(1) administer oaths; and
81	81	(2) issue subpoenas and subpoenas duces tecum for the
82	82	attendance of witnesses and for the production of documentary
83	83	material.
84	84	(b) The affected employee, the county attorney, or a
85	85	designee of the employee or county attorney may request the chair
86	86	[chairman] of the commission or of the supplemental commission, as
87	87	applicable, to subpoena any books, records, documents, papers,
88	88	accounts, or witnesses that the requestor considers relevant to the
89	89	case. The request must be made before the 15th day before the date
90	90	the applicable [a] commission or supplemental commission
91	91	proceeding will be held.
92	92	SECTION 5. Section 158.010(e), Local Government Code, is
93	93	amended to read as follows:
94	94	(e) The rules adopted by the commission or a supplemental
95	95	commission under Section 158.009 relating to the selection and
96	96	classification of county employees and to competitive examinations
97	97	for selection apply to the initial hiring of personnel under this
98	98	section.
99	99	SECTION 6. Section 158.011, Local Government Code, is
100	100	amended to read as follows:
101	101	Sec. 158.011. COMPENSATION AND STAFF. The members of the
102	102	commission and of a supplemental commission serve without
103	103	compensation, but the commissioners court shall reimburse each
104	104	member for all necessary expenses incurred in performing the
105	105	member's duties. The commissioners court shall provide the
106	106	commission with adequate office space for the commission and each
107	107	supplemental commission and sufficient funds to employ an adequate
108	108	staff and to purchase necessary supplies and equipment.
109	109	SECTION 7. Section 158.012(a), Local Government Code, is
110	110	amended to read as follows:
111	111	(a) A county employee who, on a final decision by the
112	112	commission or a supplemental commission, is demoted, suspended, or
113	113	removed from the employee's position may appeal the decision by
114	114	filing a petition in a district court in the county within 30 days
115	115	after the date of the decision.
116	116	SECTION 8. Section 158.0121, Local Government Code, is
117	117	amended to read as follows:
118	118	Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In
119	119	an appeal under Section 158.012, the district court may not
120	120	substitute its judgment for the judgment of the commission or a
121	121	supplemental commission on the weight of the evidence on questions
122	122	committed to the commission's or supplemental commission's
123	123	discretion but:
124	124	(1) may affirm the commission's or supplemental
125	125	commission's decision in whole or in part; and
126	126	(2) shall reverse or remand the case for further
127	127	proceedings if substantial rights of the petitioner have been
128	128	prejudiced because the commission's or supplemental commission's
129	129	findings, inferences, conclusions, or decisions are:
130	130	(A) in violation of a constitutional or statutory
131	131	provision;
132	132	(B) in excess of the commission's or supplemental
133	133	commission's authority;
134	134	(C) made through unlawful procedure;
135	135	(D) affected by other error of law;
136	136	(E) not reasonably supported by substantial
137	137	evidence considering the reliable and probative evidence in the
138	138	record as a whole; or
139	139	(F) arbitrary or capricious, characterized by
140	140	abuse of discretion, or clearly an unwarranted exercise of
141	141	discretion.
142	142	SECTION 9. Section 158.0122, Local Government Code, is
143	143	amended to read as follows:
144	144	Sec. 158.0122. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL
145	145	EVIDENCE RULE. (a) After service of the petition on the commission
146	146	or a supplemental commission and within the time permitted for
147	147	filing an answer or within additional time allowed by the court, the
148	148	commission or supplemental commission, as applicable, shall send to
149	149	the reviewing court the original or a certified copy of the entire
150	150	record of the proceeding under review. The record shall be filed
151	151	with the clerk of the court. The record may be shortened by
152	152	stipulation of all parties to the review proceedings. The court may
153	153	assess additional costs against a party who unreasonably refuses to
154	154	stipulate to limit the record, unless the party pays all costs of
155	155	record preparation. The court may require or permit later
156	156	corrections or additions to the record.
157	157	(b) A party may apply to the court to present additional
158	158	evidence. If the court is satisfied that the additional evidence is
159	159	material and that there were good reasons for the failure to present
160	160	it in the proceeding before the commission or supplemental
161	161	commission, the court may order that the additional evidence be
162	162	taken before the commission or supplemental commission, as
163	163	applicable, on conditions determined by the court. The commission
164	164	or supplemental commission, as applicable, may change its findings
165	165	and decisions by reason of the additional evidence and shall file
166	166	the additional evidence and any changes, new findings, or decisions
167	167	with the reviewing court.
168	168	(c) The party seeking judicial review shall offer, and the
169	169	reviewing court shall admit, the commission or supplemental
170	170	commission record, as applicable, into evidence as an exhibit.
171	171	(d) The court shall conduct the review sitting without a
172	172	jury and is confined to the commission or supplemental commission
173	173	record, as applicable, except that the court may receive evidence
174	174	of procedural irregularities alleged to have occurred before the
175	175	commission or supplemental commission that are not reflected in the
176	176	record.
177	177	SECTION 10. The heading to Section 158.0123, Local
178	178	Government Code, is amended to read as follows:
179	179	Sec. 158.0123. COST OF PREPARING [COMMISSION] RECORD OF
180	180	PROCEEDING.
181	181	SECTION 11. Section 158.0123(a), Local Government Code, is
182	182	amended to read as follows:
183	183	(a) The commission or supplemental commission, as
184	184	applicable, may require a party who appeals a final decision under
185	185	Section 158.012 to pay one-half of the cost of preparation of the
186	186	original or a certified copy of the record of the [commission]
187	187	proceeding that is required to be sent to the reviewing court.
188	188	SECTION 12. This Act takes effect immediately if it
189	189	receives a vote of two-thirds of all the members elected to each
190	190	house, as provided by Section 39, Article III, Texas Constitution.
191	191	If this Act does not receive the vote necessary for immediate
192	192	effect, this Act takes effect September 1, 2019.