Texas 2021 - 87th Regular

Texas House Bill HB1123 Compare Versions

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1	1	By: Muñoz, Jr. H.B. No. 1123
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to sheriff's department civil service systems in certain
7	7	counties; creating criminal offenses.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 158.034, Local Government Code, is
10	10	amended by amending Subsection (e) and adding Subsection (f) to
11	11	read as follows:
12	12	(e) To be eligible for appointment to the commission, a
13	13	person must:
14	14	(1) be at least 25 years old; [and]
15	15	(2) have resided in the county for the three years
16	16	immediately preceding the date on which the person's term will
17	17	begin;
18	18	(3) be a United States citizen;
19	19	(4) be of good moral character;
20	20	(5) not have held a public office in the three years
21	21	immediately preceding the date on which the person's term will
22	22	begin; and
23	23	(6) not have served on the commission for more than six
24	24	years.
25	25	(f) Subsection (e)(5) does not prohibit the appointment of a
26	26	member if the only public office held by the member in the preceding
27	27	three years is membership on the commission.
28	28	SECTION 2. Subchapter B, Chapter 158, Local Government
29	29	Code, is amended by adding Sections 158.0341 through 158.0344,
30	30	158.0352, and 158.0353 to read as follows:
31	31	Sec. 158.0341. REMOVAL OF COMMISSION MEMBER. (a) If at a
32	32	meeting held for that purpose the commissioners court of the county
33	33	finds that a commission member is guilty of misconduct in office,
34	34	the commissioners court may remove the member. The member may
35	35	request that the meeting be held as an open hearing in accordance
36	36	with Chapter 551, Government Code.
37	37	(b) If a commission member is indicted or charged by
38	38	information with a criminal offense involving moral turpitude, the
39	39	member is automatically suspended from office until the disposition
40	40	of the charge. Unless the member pleads guilty or is found to be
41	41	guilty, the member shall resume office at the time of disposition of
42	42	the charge.
43	43	(c) The commissioners court may appoint a substitute
44	44	commission member during a period of suspension.
45	45	(d) If a commission member pleads guilty to or is found to be
46	46	guilty of a criminal offense involving moral turpitude, the
47	47	commissioners court shall appoint a replacement commission member
48	48	to serve the remainder of the disqualified member's term of office.
49	49	Sec. 158.0342. COMMISSION INVESTIGATIONS AND INSPECTIONS.
50	50	(a) The commission or a commission member designated by the
51	51	commission may investigate and report on all matters relating to
52	52	the enforcement and effect of this subchapter and any rules adopted
53	53	under this subchapter and shall determine if the subchapter and
54	54	rules are being obeyed.
55	55	(b) During an investigation, the commission or the
56	56	commission member may:
57	57	(1) administer oaths;
58	58	(2) issue subpoenas to compel the attendance of
59	59	witnesses and the production of books, papers, documents, and
60	60	accounts relating to the investigation; and
61	61	(3) cause the deposition of witnesses residing inside
62	62	or outside the state.
63	63	(c) A deposition taken in connection with an investigation
64	64	under this section must be taken in the manner prescribed by law for
65	65	taking a similar deposition in a civil action in federal district
66	66	court.
67	67	(d) An oath administered or a subpoena issued under this
68	68	section has the same force and effect as an oath administered by a
69	69	magistrate in the magistrate's judicial capacity.
70	70	(e) A person who fails to respond to a subpoena issued under
71	71	this section commits an offense punishable as prescribed by Section
72	72	158.0343.
73	73	Sec. 158.0343. CRIMINAL PENALTY FOR VIOLATION OF
74	74	SUBCHAPTER. (a) A person subject to the provisions of this
75	75	subchapter commits an offense if the person violates this
76	76	subchapter.
77	77	(b) An offense under this section is a misdemeanor
78	78	punishable by a fine of not less than $10 or more than $1,000,
79	79	confinement in the county jail for not more than 30 days, or both
80	80	fine and confinement.
81	81	Sec. 158.0344. DECISIONS AND RECORDS. (a) Each concurring
82	82	commission member shall sign a decision issued by the commission.
83	83	(b) The commission shall keep records of each hearing or
84	84	case that comes before the commission.
85	85	(c) Each rule, opinion, directive, decision, or order
86	86	issued by the commission:
87	87	(1) must be in writing; and
88	88	(2) is a public record that the commission shall
89	89	retain on file.
90	90	Sec. 158.0352. DISCIPLINARY SUSPENSIONS. (a) The sheriff
91	91	may suspend an employee for the violation of a civil service rule.
92	92	The suspension may be for a reasonable period not to exceed 15
93	93	calendar days or for an indefinite period. An indefinite
94	94	suspension is equivalent to dismissal from the department.
95	95	(b) If the sheriff suspends an employee, the sheriff shall,
96	96	within 120 hours after the hour of suspension, file a written
97	97	statement with the commission giving the reasons for the
98	98	suspension. The sheriff shall immediately deliver a copy of the
99	99	statement in person to the suspended employee.
100	100	(c) The copy of the written statement must inform the
101	101	suspended employee that if the employee wants to appeal to the
102	102	commission, the employee must file a written appeal with the
103	103	commission within 10 days after the date the employee receives the
104	104	copy of the statement.
105	105	(d) The written statement filed by the sheriff with the
106	106	commission must point out each civil service rule alleged to have
107	107	been violated by the suspended employee and must describe the
108	108	alleged acts of the employee that the sheriff contends are in
109	109	violation of the civil service rules. It is not sufficient for the
110	110	sheriff merely to refer to the provisions of the rules alleged to
111	111	have been violated.
112	112	(e) If the sheriff does not specifically point out in the
113	113	written statement the act or acts of the employee that allegedly
114	114	violated the civil service rules, the commission shall promptly
115	115	reinstate the employee.
116	116	(f) If offered by the sheriff, the employee may agree in
117	117	writing to voluntarily accept, with no right of appeal, a
118	118	suspension of 16 to 90 calendar days for the violation of a civil
119	119	service rule. The employee must accept the offer within five
120	120	working days after the date the offer is made. If the employee
121	121	refuses the offer and wants to appeal to the commission, the
122	122	employee must file a written appeal with the commission in
123	123	accordance with Section 158.037.
124	124	(g) In the original written statement and charges and in any
125	125	hearing conducted under this subchapter, the sheriff may not
126	126	complain of an act that occurred earlier than the 180th day
127	127	preceding the date the sheriff suspends the employee. If the act is
128	128	allegedly related to criminal activity, including the violation of
129	129	a federal, state, or local law for which the employee is subject to
130	130	a criminal penalty:
131	131	(1) the sheriff may not complain of an act that is
132	132	discovered earlier than the 180th day preceding the date the
133	133	sheriff suspends the employee; and
134	134	(2) the sheriff must allege that the act complained of
135	135	is related to criminal activity.
136	136	Sec. 158.0353. DEMOTIONS. (a) The sheriff may recommend to
137	137	the commission in writing that the commission demote a nonexempt
138	138	employee involuntarily.
139	139	(b) The sheriff must include in the recommendation for
140	140	demotion the reasons for the recommended demotion and a request
141	141	that the commission order the demotion. The sheriff must
142	142	immediately furnish a copy of the recommendation in person to the
143	143	affected employee.
144	144	(c) The commission may refuse to grant the request for
145	145	demotion. If the commission believes that probable cause exists for
146	146	ordering the demotion, the commission shall give the employee
147	147	written notice to appear before the commission for a public hearing
148	148	at a time and place specified in the notice. The commission shall
149	149	give the notice before the 10th day before the date the hearing will
150	150	be held.
151	151	(d) The employee is entitled to a full and complete public
152	152	hearing, and the commission may not demote an employee without that
153	153	public hearing.
154	154	(e) A voluntary demotion in which the employee has accepted
155	155	the terms of the demotion in writing is not subject to this section.
156	156	SECTION 3. Section 158.037, Local Government Code, is
157	157	amended to read as follows:
158	158	Sec. 158.037. APPEALS. (a) Except as otherwise provided by
159	159	this subchapter, an employee may appeal to the commission an action
160	160	for which an appeal or review is provided by this subchapter by
161	161	filing an appeal with the commission within 10 days after the date
162	162	the action occurred.
163	163	(b) The appeal must include the basis for the appeal and a
164	164	request for a commission hearing. The appeal must also contain:
165	165	(1) a statement denying the truth of the charge as
166	166	made;
167	167	(2) a statement taking exception to the legal
168	168	sufficiency of the charge;
169	169	(3) a statement alleging that the recommended action
170	170	does not fit the offense or alleged offense; or
171	171	(4) a combination of the statements described by this
172	172	subsection.
173	173	(c) In each hearing, appeal, or review of any kind in which
174	174	the commission performs an adjudicatory function, the affected
175	175	employee is entitled to be represented by counsel or a person the
176	176	employee chooses. Each commission proceeding must be held in
177	177	public.
178	178	(d) The commission may issue subpoenas and subpoenas duces
179	179	tecum for the attendance of witnesses and for the production of
180	180	documentary material.
181	181	(e) The affected employee may request the commission to
182	182	subpoena any books, records, documents, papers, accounts, or
183	183	witnesses that the employee considers pertinent to the case. The
184	184	employee must make the request before the 10th day before the date
185	185	the commission hearing will be held. If the commission does not
186	186	subpoena the material, the commission shall, before the third day
187	187	before the date the hearing will be held, make a written report to
188	188	the employee stating the reason it will not subpoena the requested
189	189	material. The report must be read into the public record of the
190	190	commission hearing.
191	191	(f) Witnesses may be placed under the rule at the commission
192	192	hearing.
193	193	(g) The commission shall conduct the hearing fairly and
194	194	impartially as prescribed by this subchapter and shall render a
195	195	just and fair decision. The commission may consider only the
196	196	evidence submitted at the hearing.
197	197	(h) The commission shall maintain a public record of each
198	198	proceeding with copies available at cost.
199	199	(i) If a suspended employee appeals a suspension to the
200	200	commission, the commission shall hold a hearing and render a
201	201	decision in writing within 30 days after the date the commission
202	202	receives notice of appeal. The suspended employee and the
203	203	commission may agree to postpone the hearing for a definite period.
204	204	(j) In a hearing conducted under this section, the sheriff
205	205	is restricted to the sheriff's original written statement and
206	206	charges, which may not be amended.
207	207	(k) The commission may deliberate the decision in closed
208	208	session but may not consider evidence that was not presented at the
209	209	hearing. The commission shall vote in open session.
210	210	(l) The commission may suspend or dismiss an employee for
211	211	violation of civil service rules and only after a finding by the
212	212	commission of the truth of specific charges against the employee.
213	213	(m) In its decision, the commission shall state whether the
214	214	suspended employee is:
215	215	(1) permanently dismissed from the department;
216	216	(2) temporarily suspended from the department; or
217	217	(3) restored to the employee's former position or
218	218	status in the department's classified service.
219	219	(n) If the commission finds that the period of disciplinary
220	220	suspension should be reduced, the commission may order a reduction
221	221	in the period of suspension. If the suspended employee is restored
222	222	to the position or class of service from which the employee was
223	223	suspended, the employee is entitled to:
224	224	(1) full compensation for the actual time lost as a
225	225	result of the suspension at the rate of pay provided for the
226	226	position or class of service from which the employee was suspended;
227	227	and
228	228	(2) restoration of or credit for any other benefits
229	229	lost as a result of the suspension, including sick leave, vacation
230	230	leave, and service credit in a retirement system. Standard payroll
231	231	deductions, if any, for retirement and other benefits restored
232	232	shall be made from the compensation paid, and the county shall make
233	233	its standard corresponding contributions, if any, to the retirement
234	234	system or other applicable benefit systems.
235	235	(o) An employee who, on a final decision by the commission,
236	236	is demoted, suspended, or removed from a position may appeal the
237	237	decision by filing a petition in a district court in the county
238	238	within 30 days after the date of the decision.
239	239	(p) [(b)] An appeal under Subsection (o) [this section] is
240	240	under the substantial evidence rule, and the judgment of the
241	241	district court is appealable as in other civil cases.
242	242	(q) Each appeal to a district court of an indefinite
243	243	suspension shall be advanced on the district court docket and given
244	244	a preference setting over all other cases.
245	245	(r) [(c)] If the district court renders judgment for the
246	246	petitioner, the court may order reinstatement of the employee,
247	247	payment of back pay, or other appropriate relief.
248	248	SECTION 4. Subchapter B, Chapter 158, Local Government
249	249	Code, is amended by adding Sections 158.0372 through 158.0374 and
250	250	Sections 158.041 through 158.062 to read as follows:
251	251	Sec. 158.0372. REINSTATEMENT. (a) If the commission, a
252	252	hearing examiner, or a district court orders that an employee
253	253	suspended without pay be reinstated, the sheriff shall comply with
254	254	the order and the county shall, before the end of the second full
255	255	pay period after the date the employee is reinstated, repay to the
256	256	employee all wages lost as a result of the suspension.
257	257	(b) If the county does not fully repay all lost wages to the
258	258	employee as provided by this section, the county shall pay the
259	259	employee an amount equal to the lost wages plus accrued interest.
260	260	(c) Interest under Subsection (b) accrues beginning on the
261	261	date of the employee's reinstatement at a rate equal to three
262	262	percent plus the rate for court judgments under Chapter 304,
263	263	Finance Code, that is in effect on the date of the employee's
264	264	reinstatement.
265	265	Sec. 158.0373. HEARING EXAMINERS. (a) In addition to the
266	266	other notice requirements prescribed by this subchapter, the
267	267	written notice for a promotional bypass, demotion, or notice of
268	268	disciplinary action, as applicable, issued to an employee must
269	269	state that in an appeal of an indefinite suspension, a suspension, a
270	270	promotional bypass, or a recommended demotion, the appealing
271	271	employee may elect to appeal to an independent third-party hearing
272	272	examiner instead of to the commission. The letter must also state
273	273	that if the employee elects to appeal to a hearing examiner, the
274	274	employee waives all rights to appeal to a district court except as
275	275	provided by Subsection (j).
276	276	(b) To exercise the choice of appealing to a hearing
277	277	examiner, the appealing employee must submit to the commission a
278	278	written request as part of the original notice of appeal required
279	279	under this subchapter stating the employee's decision to appeal to
280	280	an independent third-party hearing examiner.
281	281	(c) The hearing examiner's decision is final and binding on
282	282	all parties. If the employee decides to appeal to an independent
283	283	third-party hearing examiner, the employee waives all rights to
284	284	appeal to a district court except as provided by Subsection (j).
285	285	(d) If the employee chooses to appeal to a hearing examiner,
286	286	the employee and the sheriff, or their designees, shall first
287	287	attempt to agree on the selection of an impartial hearing examiner.
288	288	If the parties do not agree on the selection of a hearing examiner
289	289	on or within 10 days after the date the appeal is filed, the
290	290	commission shall immediately request a list of seven qualified
291	291	neutral arbitrators from the American Arbitration Association or
292	292	the Federal Mediation and Conciliation Service, or their successors
293	293	in function. The employee and the sheriff, or their designees, may
294	294	agree on one of the seven neutral arbitrators on the list. If they
295	295	do not agree within five working days after the date they received
296	296	the list, each party or the party's designee shall alternate
297	297	striking a name from the list and the name remaining is the hearing
298	298	examiner. The parties or their designees shall agree on a date for
299	299	the hearing.
300	300	(e) The appeal hearing shall begin as soon as the hearing
301	301	examiner can be scheduled. If the hearing examiner cannot begin the
302	302	hearing within 45 calendar days after the date of selection, the
303	303	employee may, within two days after learning of that fact, call for
304	304	the selection of a new hearing examiner using the procedure
305	305	prescribed by Subsection (d).
306	306	(f) In each hearing conducted under this section, the
307	307	hearing examiner has the same duties and powers as the commission,
308	308	including the right to issue subpoenas.
309	309	(g) In a hearing conducted under this section, the parties
310	310	may agree to an expedited hearing procedure. Unless otherwise
311	311	agreed by the parties, in an expedited procedure the hearing
312	312	examiner shall render a decision on the appeal within 10 days after
313	313	the date the hearing ended.
314	314	(h) In an appeal that does not involve an expedited hearing
315	315	procedure, the hearing examiner shall make a reasonable effort to
316	316	render a decision on the appeal within 30 days after the date the
317	317	hearing ends or the briefs are filed. The hearing examiner's
318	318	inability to meet the time requirements imposed by this section
319	319	does not affect the hearing examiner's jurisdiction, the validity
320	320	of the disciplinary action, or the hearing examiner's final
321	321	decision.
322	322	(i) The hearing examiner's fees and expenses are shared
323	323	equally by the appealing employee and by the department. The costs
324	324	of a witness are paid by the party who calls the witness.
325	325	(j) A district court may hear an appeal of a hearing
326	326	examiner's award only on the grounds that the hearing examiner was
327	327	without jurisdiction or exceeded the hearing examiner's
328	328	jurisdiction or that the order was procured by fraud, collusion, or
329	329	other unlawful means. An appeal must be brought in the district
330	330	court having jurisdiction in the county in which the department is
331	331	located.
332	332	Sec. 158.0374. UNCOMPENSATED DUTY. (a) In this section,
333	333	"uncompensated duty" means days of work without pay that are in
334	334	addition to regular or normal workdays.
335	335	(b) The sheriff may assign an employee to uncompensated
336	336	duty. The sheriff may not impose uncompensated duty unless the
337	337	employee agrees to accept the duty. The sheriff shall give the
338	338	employee a written statement that specifies the date or dates on
339	339	which the employee will perform uncompensated duty if the employee
340	340	agrees to accept uncompensated duty.
341	341	(c) Uncompensated duty may be in place of or in combination
342	342	with a period of disciplinary suspension without pay. If
343	343	uncompensated duty is combined with a disciplinary suspension, the
344	344	total number of uncompensated days may not exceed 15.
345	345	(d) An employee may not earn or accrue any wage, salary, or
346	346	benefit arising from length of service while the employee is
347	347	suspended without pay or performing uncompensated duty. The days
348	348	on which an employee performs assigned uncompensated duty may not
349	349	be taken into consideration in determining eligibility for a
350	350	promotional examination.
351	351	(e) Except as provided by this section, an employee who
352	352	performs assigned uncompensated duty retains all rights and
353	353	privileges of the employee's position in the department and of the
354	354	employee's employment by the county.
355	355	Sec. 158.041. PROMOTIONAL EXAMINATION NOTICE. (a) Not
356	356	later than the 90th day before the date a promotional examination is
357	357	held, the commission shall post a notice that lists the sources from
358	358	which the examination questions will be taken.
359	359	(b) Not later than the 30th day before the date a
360	360	promotional examination is held, the commission shall post a notice
361	361	of the examination in plain view on a bulletin board located in the
362	362	main lobby of the sheriff's department and in the commission's
363	363	office. The notice must show the position to be filled or for which
364	364	the examination is to be held, and the date, time, and place of the
365	365	examination. The commission shall also furnish sufficient copies
366	366	of the notice for posting in the stations or subdepartments in which
367	367	the position will be filled.
368	368	(c) The notice required by Subsection (b) may also include
369	369	the name of each source used for the examination, the number of
370	370	questions taken from each source, and the chapter used in each
371	371	source.
372	372	Sec. 158.042. ELIGIBILITY FOR PROMOTIONAL EXAMINATION. (a)
373	373	Each promotional examination is open to each employee who for at
374	374	least two years immediately before the examination date has
375	375	continuously held a position in the classification that is
376	376	immediately below, in salary, the classification for which the
377	377	examination is to be held.
378	378	(b) If the department has adopted a classification plan that
379	379	classifies positions on the basis of similarity in duties and
380	380	responsibilities, each promotional examination is open to each
381	381	employee who has continuously held, for at least two years
382	382	immediately before the examination date, a position at the next
383	383	lower pay grade, if it exists, in the classification for which the
384	384	examination is to be held.
385	385	(c) If there are not sufficient employees in the next lower
386	386	position with two years' service in that position to provide an
387	387	adequate number of employees to take the examination, the
388	388	commission shall open the examination to employees in that position
389	389	with less than two years' service. If there is still an
390	390	insufficient number, the commission may open the examination to
391	391	employees in the second lower position, in salary, to the position
392	392	for which the examination is to be held.
393	393	Sec. 158.043. PROMOTIONAL EXAMINATION PROCEDURE; CRIMINAL
394	394	PENALTY. (a) The commission shall adopt rules governing
395	395	promotions and shall hold promotional examinations to provide
396	396	eligibility lists for each nonexempt classification in the
397	397	department. The examinations shall be held substantially as
398	398	prescribed by this section.
399	399	(b) Each eligible promotional candidate shall be given an
400	400	identical examination in the presence of the other eligible
401	401	promotional candidates, except that an eligible promotional
402	402	candidate who is serving on active military duty outside of this
403	403	state or in a location that is not within reasonable geographic
404	404	proximity to the location where the examination is being
405	405	administered is entitled to take the examination outside of the
406	406	presence of and at a different time than the other candidates and
407	407	may be allowed to take an examination that is not identical to the
408	408	examination administered to the other candidates. The commission
409	409	may adopt rules providing for the efficient administration of
410	410	promotional examinations to eligible promotional candidates who
411	411	are members of the armed forces serving on active military duty. In
412	412	adopting the rules, the commission shall ensure that the
413	413	administration of the examination will not result in unnecessary
414	414	interference with any ongoing military effort. The rules must
415	415	require that:
416	416	(1) at the discretion of the administering entity, an
417	417	examination that is not identical to the examination administered
418	418	to other eligible promotional candidates may be administered to an
419	419	eligible promotional candidate who is serving on active military
420	420	duty; and
421	421	(2) if a candidate serving on active military duty
422	422	takes a promotional examination outside the presence of other
423	423	candidates and passes the examination, the candidate's name shall
424	424	be included in the eligibility list of names of promotional
425	425	candidates who took and passed the examination nearest in time to
426	426	the time at which the candidate on active military duty took the
427	427	examination.
428	428	(c) The examination must be entirely in writing and may not
429	429	in any part consist of an oral interview.
430	430	(d) The examination questions must test the knowledge of the
431	431	eligible promotional candidates about information and facts and
432	432	must be based on:
433	433	(1) the duties of the position for which the
434	434	examination is held;
435	435	(2) material that is of reasonably current publication
436	436	and that has been made reasonably available to each employee
437	437	involved in the examination; and
438	438	(3) any study course given by the departmental schools
439	439	of instruction.
440	440	(e) The examination questions must be taken from the sources
441	441	listed in the posted notice under Section 158.041(a). Employees
442	442	may suggest source materials for the examinations.
443	443	(f) The examination questions must be prepared and composed
444	444	so that the grading of the examination can be promptly completed
445	445	immediately after the examination is over.
446	446	(g) The commission is responsible for the preparation and
447	447	security of each promotional examination. The fairness of the
448	448	competitive promotional examination is the responsibility of the
449	449	commission and each county employee involved in the preparation or
450	450	administration of the examination.
451	451	(h) A person commits an offense if the person knowingly or
452	452	intentionally:
453	453	(1) reveals a part of a promotional examination to an
454	454	unauthorized person for unfair personal gain or advantage; or
455	455	(2) receives from any person a part of a promotional
456	456	examination for unfair personal gain or advantage.
457	457	(i) An offense under Subsection (h) is a misdemeanor
458	458	punishable by a fine of not less than $1,000, confinement in the
459	459	county jail for not more than one year, or both fine and
460	460	confinement.
461	461	Sec. 158.044. PROMOTIONAL EXAMINATION GRADES. (a) The
462	462	grading of each promotional examination shall begin when one
463	463	eligible promotional candidate completes the examination. As the
464	464	eligible promotional candidates finish the examination, the
465	465	examinations shall be graded at the examination location and in the
466	466	presence of any candidate who wants to remain during the grading.
467	467	(b) Each employee is entitled to receive one point for each
468	468	year of seniority as a classified employee in the department, with a
469	469	maximum of 10 points.
470	470	(c) The grade that must be placed on the eligibility list
471	471	for each employee shall be computed by adding the applicant's
472	472	points for seniority to the applicant's grade on the written
473	473	examination, but only if the applicant scores a passing grade on the
474	474	written examination. Each applicant's grade on the written
475	475	examination is based on a maximum grade of 100 points and is
476	476	determined entirely by the correctness of the applicant's answers
477	477	to the questions. All applicants who receive a grade on the written
478	478	examination of at least 70 points shall be determined to have passed
479	479	the examination. If a tie score occurs, the commission shall
480	480	determine a method to break the tie.
481	481	(d) Within 24 hours after a promotional examination is
482	482	given, the commission shall post the individual raw test scores on a
483	483	bulletin board located in the main lobby of the sheriff's
484	484	department.
485	485	Sec. 158.045. REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.
486	486	(a) On request, each eligible promotional candidate is entitled to
487	487	examine the person's promotional examination and answers, the
488	488	examination grading, and the source material for the examination.
489	489	If dissatisfied, the candidate may appeal, within seven days, to
490	490	the commission for review in accordance with this subchapter.
491	491	(b) The eligible promotional candidate may not remove the
492	492	examination or copy a question used in the examination.
493	493	Sec. 158.046. PROCEDURE FOR MAKING PROMOTIONAL
494	494	APPOINTMENTS. (a) When a vacancy occurs in a nonentry, nonexempt
495	495	position, the vacancy shall be filled as prescribed by this
496	496	section. A vacancy in a position described by this subsection
497	497	occurs on the date the position is vacated by:
498	498	(1) resignation;
499	499	(2) retirement;
500	500	(3) death;
501	501	(4) promotion; or
502	502	(5) an indefinite suspension that becomes final.
503	503	(b) If an eligibility list for the position to be filled
504	504	exists on the date the vacancy occurs, the commission shall certify
505	505	to the sheriff the names of the three persons having the highest
506	506	grades on that eligibility list. The commission shall certify the
507	507	names within 10 days after the date the commission is notified of
508	508	the vacancy. If fewer than three names remain on the eligibility
509	509	list or if only one or two eligible promotional candidates passed
510	510	the promotional examination, each name on the list must be
511	511	submitted to the sheriff.
512	512	(c) The commission shall submit names from an existing
513	513	eligibility list to the sheriff until the vacancy is filled or the
514	514	list is exhausted.
515	515	(d) If an eligibility list does not exist on the date a
516	516	vacancy occurs or a new position is created, the commission shall
517	517	hold an examination to create a new eligibility list within 90 days
518	518	after the date the vacancy occurs or a new position is created.
519	519	(e) If an eligibility list exists on the date a vacancy
520	520	occurs, the sheriff shall fill the vacancy by permanent appointment
521	521	from the eligibility list furnished by the commission within 60
522	522	days after the date the vacancy occurs. If an eligibility list does
523	523	not exist, the sheriff shall fill the vacancy by permanent
524	524	appointment from an eligibility list that the commission shall
525	525	provide within 90 days after the date the vacancy occurs.
526	526	(f) Unless the sheriff has a valid reason for not appointing
527	527	the candidate, the sheriff shall appoint the eligible promotional
528	528	candidate having the highest grade on the eligibility list. If the
529	529	sheriff has a valid reason for not appointing the eligible
530	530	promotional candidate having the highest grade, the sheriff shall
531	531	personally discuss the reason with the candidate being bypassed
532	532	before appointing another candidate. The sheriff shall also file
533	533	the reason in writing with the commission and shall provide the
534	534	candidate with a copy of the written notice. The bypassed
535	535	promotional candidate may appeal the decision in accordance with
536	536	Section 158.037.
537	537	(g) If a candidate is bypassed, the candidate's name is
538	538	returned to its place on the eligibility list and shall be
539	539	resubmitted to the sheriff if another vacancy occurs. If the
540	540	sheriff refuses three times to appoint a candidate, files the
541	541	reasons for the refusals in writing with the commission, and the
542	542	commission does not set aside the refusals, the candidate's name
543	543	shall be removed from the eligibility list.
544	544	(h) Each promotional eligibility list remains in existence
545	545	for one year after the date on which the written examination is
546	546	given, unless exhausted. At the expiration of the one-year period,
547	547	the eligibility list expires and a new examination may be held.
548	548	Sec. 158.047. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
549	549	(a) When a vacancy occurs, the sheriff may designate an employee
550	550	from the next lower classification to temporarily fill a position
551	551	in a higher classification. The designated employee is entitled to
552	552	the base salary of the higher position plus the employee's own
553	553	longevity or seniority pay, educational incentive pay, if any, and
554	554	certification pay, if any, during the time the employee performs
555	555	the duties.
556	556	(b) The temporary performance of the duties of a higher
557	557	position by an employee who has not been promoted as prescribed by
558	558	this chapter may not be construed as a promotion.
559	559	Sec. 158.048. LEAVES OF ABSENCE; RESTRICTION PROHIBITED.
560	560	(a) If a sufficient number of employees are available to carry out
561	561	the normal functions of the department, an employee may not be
562	562	refused a reasonable leave of absence without pay to attend a
563	563	school, convention, or meeting if the purpose of the school,
564	564	convention, or meeting is to secure a more efficient department and
565	565	better working conditions for department personnel.
566	566	(b) A rule that affects an employee's constitutional right
567	567	to appear before or to petition the legislature may not be adopted.
568	568	Sec. 158.049. MILITARY LEAVE OF ABSENCE. (a) On written
569	569	application of an employee, the commission shall grant the employee
570	570	a military leave of absence without pay, notwithstanding Section
571	571	158.050, to enable the employee to enter a branch of the United
572	572	States military service. The leave of absence may not exceed the
573	573	period of compulsory military service or the basic minimum
574	574	enlistment period for the branch of service the employee enters.
575	575	(b) The commission shall grant to an employee a leave of
576	576	absence for initial training or annual duty in the military
577	577	reserves or the national guard.
578	578	(c) While an employee serves in the military, the commission
579	579	shall fill the employee's position in the department in accordance
580	580	with this subchapter. The employee who fills the position is
581	581	subject to replacement by the employee who received the military
582	582	leave at the time the employee returns to active duty in the
583	583	department.
584	584	(d) On termination of active military service, an employee
585	585	who received a military leave of absence under this section is
586	586	entitled to be reinstated to the position that the employee held in
587	587	the department at the time the leave of absence was granted if the
588	588	employee:
589	589	(1) receives an honorable discharge;
590	590	(2) remains physically and mentally fit to discharge
591	591	the duties of that position; and
592	592	(3) makes an application for reinstatement within 90
593	593	days after the date the employee is discharged from military
594	594	service.
595	595	(e) On reinstatement, the employee shall receive full
596	596	seniority credit for the time spent in the military service.
597	597	(f) If the reinstatement of an employee causes that
598	598	employee's replacement to be returned to a lower position in grade
599	599	or compensation, the replaced employee has a preferential right to
600	600	a subsequent appointment or promotion to the same or a similar
601	601	position from which the employee was demoted. This preferential
602	602	right has priority over an eligibility list and is subject to the
603	603	replaced employee remaining physically and mentally fit to
604	604	discharge the duties of that position.
605	605	(g) If an employee is called to active military duty for any
606	606	period, the county must continue to maintain any health, dental, or
607	607	life insurance coverage and any health or dental benefits coverage
608	608	that the employee received from the county on the date the employee
609	609	was called to active military duty until the county receives
610	610	written instructions from the employee to change or discontinue the
611	611	coverage.
612	612	(h) In addition to other procedures prescribed by this
613	613	section, an employee may, without restriction as to the amount of
614	614	time, voluntarily substitute for another employee who has been
615	615	called to active federal military duty for a period expected to last
616	616	12 months or longer. An employee who voluntarily substitutes under
617	617	this subsection must be qualified to perform the duties of the
618	618	absent employee.
619	619	Sec. 158.050. MILITARY LEAVE TIME ACCOUNTS. (a) A county
620	620	shall maintain a military leave time account for the sheriff's
621	621	department.
622	622	(b) A military leave time account shall benefit an employee
623	623	who:
624	624	(1) is a member of the Texas National Guard or the
625	625	armed forces reserves of the United States;
626	626	(2) was called to active federal military duty while
627	627	serving as an employee for the sheriff's department;
628	628	(3) has served on active duty for a period of at least
629	629	12 continuous months; and
630	630	(4) has exhausted the balance of the employee's
631	631	vacation, holiday, and compensatory leave time accumulations.
632	632	(c) An employee may donate any amount of accumulated
633	633	vacation, holiday, sick, or compensatory leave time to the military
634	634	leave time account in the department to help provide salary
635	635	continuation for employees who qualify as eligible beneficiaries of
636	636	the account under Subsection (b). An employee who wishes to donate
637	637	time to an account under this section must authorize the donation in
638	638	writing on a form provided by the department and approved by the
639	639	county.
640	640	(d) A county shall equally distribute the leave time donated
641	641	to a military leave time account among all employees who are
642	642	eligible beneficiaries of the account. The county shall credit and
643	643	debit the applicable military leave time account on an hourly basis
644	644	regardless of the cash value of the time donated or used.
645	645	Sec. 158.051. LINE OF DUTY ILLNESS OR INJURY LEAVE OF
646	646	ABSENCE. (a) A county shall provide to an employee a leave of
647	647	absence for an illness or injury related to the employee's
648	648	activities performed in the line of duty. The leave is with full
649	649	pay for a period commensurate with the nature of the line of duty
650	650	illness or injury. If necessary, the leave shall continue for at
651	651	least one year.
652	652	(b) At the end of the one-year period, the county's
653	653	governing body may extend the line of duty illness or injury leave
654	654	at full or reduced pay. If the employee's leave is not extended or
655	655	the employee's salary is reduced below 60 percent of the employee's
656	656	regular monthly salary, and the employee is a member of a pension
657	657	fund, the employee may retire on pension until the employee is able
658	658	to return to duty.
659	659	(c) If pension benefits are not available to an employee who
660	660	is temporarily disabled by a line of duty injury or illness and if
661	661	the year at full pay and any extensions granted by the governing
662	662	body have expired, the employee may use accumulated sick leave,
663	663	vacation time, and other accumulated time before the employee is
664	664	placed on temporary leave.
665	665	(d) If an employee is temporarily disabled by an injury or
666	666	illness that is not related to activities performed in the
667	667	employee's line of duty, the employee may use all sick leave,
668	668	vacation time, and other accumulated time before the employee is
669	669	placed on temporary leave.
670	670	(e) After recovery from a temporary disability, an employee
671	671	shall be reinstated at the same rank and with the same seniority the
672	672	employee had before going on temporary leave.
673	673	(f) While an employee who is temporarily disabled is on
674	674	leave, another employee may voluntarily do the work of the employee
675	675	who is temporarily disabled or donate leave time to maintain the
676	676	salary for the employee who is temporarily disabled until the
677	677	temporarily disabled employee returns to duty.
678	678	Sec. 158.052. REAPPOINTMENT AFTER RECOVERY FROM
679	679	DISABILITY. With the commission's approval and if otherwise
680	680	qualified, an employee who has been certified by a physician
681	681	selected by a pension fund as having recovered from a disability for
682	682	which the employee has been receiving a monthly disability pension
683	683	is eligible for reappointment to the classified position that the
684	684	employee held on the date the employee qualified for the monthly
685	685	disability pension.
686	686	Sec. 158.053. PERSONNEL FILE. (a) The commission or the
687	687	commission's designee shall maintain a personnel file on each
688	688	employee. The personnel file must contain any letter, memorandum,
689	689	or document relating to:
690	690	(1) a commendation, congratulation, or honor bestowed
691	691	on the employee by a member of the public or by the department for an
692	692	action, duty, or activity that relates to the employee's official
693	693	duties;
694	694	(2) any misconduct by the employee if the letter,
695	695	memorandum, or document is from the department and if the
696	696	misconduct resulted in disciplinary action by the employing
697	697	department in accordance with this subchapter; and
698	698	(3) the periodic evaluation of the employee by a
699	699	supervisor.
700	700	(b) A letter, memorandum, or document relating to alleged
701	701	misconduct by the employee may not be placed in the employee's
702	702	personnel file if the department determines that there is
703	703	insufficient evidence to sustain the charge of misconduct.
704	704	(c) A letter, memorandum, or document relating to
705	705	disciplinary action taken against the employee or to alleged
706	706	misconduct by the employee that is placed in the employee's
707	707	personnel file as provided by Subsection (a)(2) shall be removed
708	708	from the employee's file if the commission finds that:
709	709	(1) the disciplinary action was taken without just
710	710	cause; or
711	711	(2) the charge of misconduct was not supported by
712	712	sufficient evidence.
713	713	(d) If a negative letter, memorandum, document, or other
714	714	notation of negative impact is included in an employee's personnel
715	715	file, the commission or the commission's designee shall, within 30
716	716	days after the date of the inclusion, notify the affected employee.
717	717	The employee may, on or before the 15th day after the date of
718	718	receipt of the notification, file a written response to the
719	719	negative letter, memorandum, document, or other notation.
720	720	(e) The employee is entitled, on request, to a copy of any
721	721	letter, memorandum, or document placed in the employee's personnel
722	722	file. The county may charge the employee a reasonable fee not to
723	723	exceed the actual cost for any copies provided under this
724	724	subsection.
725	725	(f) The commission or the commission's designee may not
726	726	release any information contained in an employee's personnel file
727	727	without first obtaining the employee's written permission, unless
728	728	the release of the information is required by law.
729	729	(g) The department may maintain a personnel file on an
730	730	employee for the department's use, but the department may not
731	731	release any information contained in the department file to any
732	732	agency or person requesting information relating to the employee.
733	733	The department shall refer to the commission or the commission's
734	734	designee a person or agency that requests information that is
735	735	maintained in the employee's personnel file.
736	736	Sec. 158.054. INVESTIGATION OF EMPLOYEES. (a) In this
737	737	section:
738	738	(1) "Complainant" means a person claiming to be the
739	739	victim of misconduct by an employee.
740	740	(2) "Investigation" means an administrative
741	741	investigation, conducted by the county, of alleged misconduct by an
742	742	employee that could result in punitive action against that
743	743	employee.
744	744	(3) "Investigator" means an agent or employee of the
745	745	county who is assigned to conduct an investigation.
746	746	(4) "Normally assigned working hours" includes those
747	747	hours during which an employee is actually at work or at the
748	748	employee's assigned place of work, but does not include any time
749	749	when the employee is off duty on authorized leave, including sick
750	750	leave.
751	751	(5) "Punitive action" means a disciplinary
752	752	suspension, indefinite suspension, demotion in rank, reprimand, or
753	753	any combination of those actions.
754	754	(b) An investigator may interrogate an employee who is the
755	755	subject of an investigation only during the employee's normally
756	756	assigned working hours unless:
757	757	(1) the seriousness of the investigation, as
758	758	determined by the sheriff or the sheriff's designee, requires
759	759	interrogation at another time; and
760	760	(2) the employee is compensated for the interrogation
761	761	time on an overtime basis.
762	762	(c) The sheriff may not consider work time missed from
763	763	regular duties by an employee due to participation in the conduct of
764	764	an investigation in determining whether to impose a punitive action
765	765	or in determining the severity of a punitive action.
766	766	(d) An investigator may not interrogate an employee who is
767	767	the subject of an investigation or conduct any part of the
768	768	investigation at that employee's home without that employee's
769	769	permission.
770	770	(e) A person may not be assigned to conduct an investigation
771	771	if the person is the complainant, the ultimate decision maker
772	772	regarding disciplinary action, or a person who has any personal
773	773	involvement regarding the alleged misconduct. An employee who is
774	774	the subject of an investigation has the right to inquire and, on
775	775	inquiry, to be informed of the identities of each investigator
776	776	participating in an interrogation of the employee.
777	777	(f) Before an investigator may interrogate an employee who
778	778	is the subject of an investigation, the investigator must inform
779	779	the employee in writing of the nature of the investigation and the
780	780	name of each person who complained about the employee concerning
781	781	the matters under investigation. An investigator may not conduct
782	782	an interrogation of an employee based on a complaint by a
783	783	complainant who is not a peace officer unless the complainant
784	784	verifies the complaint in writing before a public officer who is
785	785	authorized by law to take statements under oath. In an
786	786	investigation authorized under this subsection, an investigator
787	787	may interrogate an employee about events or conduct reported by a
788	788	witness who is not a complainant without disclosing the name of the
789	789	witness. Not later than the 48th hour before the hour on which an
790	790	investigator begins to interrogate an employee regarding an
791	791	allegation based on a complaint, affidavit, or statement, the
792	792	investigator shall give the employee a copy of the affidavit,
793	793	complaint, or statement. An interrogation may be based on a
794	794	complaint from an anonymous complainant if the departmental
795	795	employee receiving the anonymous complaint certifies in writing,
796	796	under oath, that the complaint was anonymous. This subsection does
797	797	not apply to an on-the-scene investigation that occurs immediately
798	798	after an incident being investigated if the limitations of this
799	799	subsection would unreasonably hinder the essential purpose of the
800	800	investigation or interrogation. If the limitation would hinder the
801	801	investigation or interrogation, the employee under investigation
802	802	must be furnished, as soon as practicable, a written statement of
803	803	the nature of the investigation, the name of each complaining
804	804	party, and the complaint, affidavit, or statement.
805	805	(g) An interrogation session of an employee who is the
806	806	subject of an investigation may not be unreasonably long. In
807	807	determining reasonableness, the gravity and complexity of the
808	808	investigation must be considered. The investigators shall allow
809	809	reasonable interruptions to permit the employee to attend to
810	810	personal physical necessities.
811	811	(h) An investigator may not threaten an employee who is the
812	812	subject of an investigation with punitive action during an
813	813	interrogation. However, an investigator may inform an employee
814	814	that failure to truthfully answer reasonable questions directly
815	815	related to the investigation or to fully cooperate in the conduct of
816	816	the investigation may result in punitive action.
817	817	(i) If prior notification of intent to record an
818	818	interrogation is given to the other party, either the investigator
819	819	or the employee who is the subject of an interrogation may record
820	820	the interrogation.
821	821	(j) If an investigation does not result in punitive action
822	822	against an employee but does result in a reprimand recorded in
823	823	writing or an adverse finding or determination regarding that
824	824	employee, the reprimand, finding, or determination may not be
825	825	placed in that employee's personnel file unless the employee is
826	826	first given an opportunity to read and sign the document. If the
827	827	employee refuses to sign the reprimand, finding, or determination,
828	828	it may be placed in the personnel file with a notation that the
829	829	employee refused to sign it. An employee may respond in writing to
830	830	a reprimand, finding, or determination that is placed in the
831	831	employee's personnel file under this subsection by submitting a
832	832	written response to the commission within 10 days after the date the
833	833	employee is asked to sign the document. The response must be placed
834	834	in the personnel file. An employee who receives a punitive action
835	835	and who elects not to appeal the action may file a written response
836	836	as prescribed by this subsection within 10 days after the date the
837	837	employee is given written notice of the punitive action from the
838	838	sheriff.
839	839	(k) If the sheriff or any investigator violates any of the
840	840	provisions of this section while conducting an investigation, the
841	841	commission shall reverse any punitive action taken pursuant to the
842	842	investigation, including a reprimand, and any information obtained
843	843	during the investigation shall be specifically excluded from
844	844	introduction into evidence in any proceeding against the employee.
845	845	Sec. 158.055. GRIEVANCE PROCEDURE. (a) An employee may
846	846	file a grievance as provided by this subchapter. The employee may
847	847	file a grievance that relates to the employee's employment,
848	848	including matters relating to a written or oral reprimand,
849	849	transfers, job performance reviews, and job assignments. The
850	850	employee may not file a grievance relating to:
851	851	(1) a disciplinary suspension, indefinite suspension,
852	852	promotional pass over, or demotion or other action or decision for
853	853	which a hearing, review, or appeal is otherwise provided by this
854	854	subchapter; or
855	855	(2) an allegation of discrimination based, in whole or
856	856	in part, on race, color, religion, sex, or national origin.
857	857	(b) The commission shall monitor and assist the operation of
858	858	the grievance procedure. The commission's duties include:
859	859	(1) aiding the department and departmental grievance
860	860	counselors;
861	861	(2) notifying the parties of meetings;
862	862	(3) docketing cases before the grievance examiner; and
863	863	(4) ensuring that the grievance procedure operates
864	864	timely and effectively.
865	865	(c) The sheriff shall appoint from among the members of the
866	866	department a grievance counselor whose duties include:
867	867	(1) providing appropriate grievance forms to an
868	868	employee;
869	869	(2) accepting, on behalf of the sheriff, a step I or II
870	870	grievance;
871	871	(3) assisting the employee in handling the grievance;
872	872	(4) forwarding a copy of a step I or II grievance form
873	873	to the commission and notifying the sheriff;
874	874	(5) arranging a meeting between the employee and that
875	875	employee's immediate supervisor as prescribed by Section
876	876	158.056(b);
877	877	(6) arranging a meeting described by Section
878	878	158.057(b); and
879	879	(7) performing other duties that the sheriff may
880	880	assign.
881	881	(d) The grievance procedure consists of four steps. In any
882	882	step of the grievance process in which the aggrieved employee's
883	883	immediate supervisor is included, the sheriff or the departmental
884	884	grievance counselor may add an appropriate supervisor who is not
885	885	the employee's immediate supervisor or may designate that
886	886	supervisor to replace the employee's immediate supervisor, if the
887	887	sheriff or grievance counselor determines that the other supervisor
888	888	has the authority to resolve the employee's grievance.
889	889	Sec. 158.056. STEP I GRIEVANCE PROCEDURE. (a) To begin a
890	890	grievance action, an employee must file a completed written step I
891	891	grievance form with the departmental grievance counselor within 30
892	892	days after the date the action or inaction for which the employee
893	893	feels aggrieved occurred. A step I grievance form may be obtained
894	894	from the departmental grievance counselor. If the form is not
895	895	timely filed, the grievance is waived.
896	896	(b) If the step I grievance form is timely filed under
897	897	Subsection (a), the departmental grievance counselor shall arrange
898	898	a meeting of the employee, that employee's immediate supervisor or
899	899	other appropriate supervisor or both, and the person or persons
900	900	against whom the grievance is lodged. The departmental grievance
901	901	counselor shall schedule the step I meeting within 30 calendar days
902	902	after the date the form is filed. If the grievance is lodged against
903	903	the sheriff, the sheriff may send a representative.
904	904	(c) The employee's immediate supervisor or other
905	905	appropriate supervisor, or both, shall fully, candidly, and openly
906	906	discuss the grievance with the employee in a sincere attempt to
907	907	resolve it.
908	908	(d) Regardless of the outcome of the meeting, the employee's
909	909	immediate supervisor or other appropriate supervisor, or both,
910	910	shall provide a written response to the employee, with a copy to the
911	911	grievance counselor, within 15 calendar days after the date the
912	912	meeting occurs. The response must include the supervisor's
913	913	evaluation and proposed solution. The response shall either be
914	914	personally delivered to the employee or be mailed by certified
915	915	mail, return receipt requested, to the last home address provided
916	916	by that employee.
917	917	(e) If the proposed solution is not acceptable, the employee
918	918	may file a step II grievance form with the departmental grievance
919	919	counselor in accordance with Section 158.057. If the aggrieved
920	920	employee fails to timely file a step II grievance form, the solution
921	921	is considered accepted.
922	922	Sec. 158.057. STEP II GRIEVANCE PROCEDURE. (a) To continue
923	923	the grievance procedure, the employee must complete a step II
924	924	grievance form and file it with the sheriff or the departmental
925	925	grievance counselor within 15 calendar days after the date the
926	926	employee receives the supervisor's response under Section 158.056.
927	927	(b) If the step II grievance form is timely filed under
928	928	Subsection (a), the departmental grievance counselor shall arrange
929	929	a meeting of the employee, that employee's immediate supervisor or
930	930	other appropriate supervisor or both, and the sheriff or the
931	931	sheriff's representative who must have a rank of at least captain or
932	932	the equivalent. The meeting shall be held within 15 calendar days
933	933	after the date the form is filed.
934	934	(c) Regardless of the outcome of the meeting, the sheriff or
935	935	the sheriff's representative shall provide a written response to
936	936	the employee within 15 calendar days after the date the meeting
937	937	occurs. The response shall either be personally delivered to the
938	938	employee or be mailed by certified mail, return receipt requested,
939	939	to the last home address provided by that employee.
940	940	(d) If the proposed solution is not acceptable, the employee
941	941	may either submit a written request stating the employee's decision
942	942	to appeal to an independent third-party hearing examiner pursuant
943	943	to the provisions of Section 158.0373 or file a step III grievance
944	944	form with the director in accordance with Section 158.058. If the
945	945	employee fails to timely file a step III grievance form or a written
946	946	request to appeal to a hearing examiner, the solution is considered
947	947	accepted. Notwithstanding Section 158.0373(i), if the employee
948	948	prevails and the hearing examiner upholds the grievance in its
949	949	entirety, the department shall bear the cost of the appeal to the
950	950	hearing examiner. If the employee fails to prevail and the hearing
951	951	examiner denies the grievance in its entirety, the employee shall
952	952	bear the cost of the appeal to the hearing examiner. If neither
953	953	party entirely prevails and the hearing examiner upholds part of
954	954	the grievance and denies part of it, the hearing examiner's fees and
955	955	expenses shall be shared equally by the employee and the
956	956	department.
957	957	Sec. 158.058. STEP III GRIEVANCE PROCEDURE. (a) To
958	958	continue the grievance procedure, an employee who did not appeal to
959	959	a hearing examiner under Section 158.057(d) must complete a step
960	960	III grievance form and file it with the commission within 15
961	961	calendar days after the date the employee receives the sheriff's
962	962	response under Section 158.057.
963	963	(b) If the step III grievance form is timely filed under
964	964	Subsection (a), the commission shall arrange a hearing of the
965	965	employee and a grievance examiner to be appointed by the commission
966	966	under Section 158.060. The hearing shall be held within 15 of the
967	967	aggrieved employee's working days after the date the form is filed.
968	968	(c) A hearing shall be conducted as an informal
969	969	administrative procedure. Grievances arising out of the same or
970	970	similar fact situations may be heard at the same hearing. A court
971	971	reporter shall record the hearing. All witnesses shall be examined
972	972	under oath. The employee, the employee's immediate supervisor or
973	973	other appropriate supervisor or both, the sheriff or the sheriff's
974	974	designated representative or both, and each person specifically
975	975	named in the grievance are parties to the hearing. The burden of
976	976	proof is on the aggrieved employee.
977	977	(d) The grievance examiner shall make written findings and a
978	978	recommendation for solution of the grievance within 15 calendar
979	979	days after the date the hearing ends. The findings and
980	980	recommendation shall be given to the commission and copies mailed
981	981	to the employee by certified mail, return receipt requested, at the
982	982	last home address provided by that employee, and to the sheriff.
983	983	(e) If the proposed solution is not acceptable to either the
984	984	employee or the sheriff, either party may file a step IV grievance
985	985	form with the commission in accordance with Section 158.059. If the
986	986	employee or the sheriff fails to timely file a step IV grievance
987	987	form, the solution is considered accepted by that person.
988	988	Sec. 158.059. STEP IV GRIEVANCE PROCEDURE. (a) If the
989	989	sheriff or the employee rejects the proposed solution under Section
990	990	158.058, the sheriff, the sheriff's designated representative, or
991	991	the employee must complete a step IV grievance form and file it with
992	992	the commission within 15 calendar days after the date the person
993	993	receives the grievance examiner's recommendation.
994	994	(b) The commission shall review the grievance examiner's
995	995	findings and recommendation and consider the transcript of the step
996	996	III hearing at the commission's next regularly scheduled meeting or
997	997	as soon as practicable. The transcript shall be filed within 30 days
998	998	of the step IV grievance being filed. The commission may for good
999	999	cause shown grant a reasonable delay not to exceed 30 days to file
1000	1000	the transcript. In no event may the commission render a decision
1001	1001	later than 30 days after the date the transcript is filed. If the
1002	1002	commission does not render a decision within 30 days after the date
1003	1003	the transcript is filed, the commission shall sustain the
1004	1004	employee's grievance.
1005	1005	(c) The commission shall base its decision solely on the
1006	1006	transcript and demonstrative evidence offered and accepted at the
1007	1007	step III hearing. The commission shall furnish a written copy of the
1008	1008	order containing its decision to the employee, the sheriff, and the
1009	1009	grievance examiner. The copy to the employee shall be mailed by
1010	1010	certified mail, return receipt requested, to the last home address
1011	1011	provided by that employee. The commission decision is final.
1012	1012	Sec. 158.060. GRIEVANCE EXAMINER. (a) The commission
1013	1013	shall appoint a grievance examiner by a majority vote. The
1014	1014	commission may appoint more than one grievance examiner if
1015	1015	necessary. The commission may appoint a different grievance
1016	1016	examiner for each grievance. An examiner may not be affiliated with
1017	1017	any other department and is responsible only to the commission. The
1018	1018	commission shall pay an examiner from a special budget established
1019	1019	for this purpose, and shall provide an examiner sufficient office
1020	1020	space and clerical support.
1021	1021	(b) The grievance examiner may:
1022	1022	(1) impose a reasonable limit on the time allowed each
1023	1023	party and the number of witnesses to be heard;
1024	1024	(2) administer oaths;
1025	1025	(3) examine a witness under oath;
1026	1026	(4) subpoena and require the attendance of witnesses
1027	1027	or the production of documents, books, or other pertinent material;
1028	1028	and
1029	1029	(5) accept affidavits instead of or in addition to
1030	1030	live testimony.
1031	1031	Sec. 158.061. SPECIAL PROVISIONS FOR STEPS I AND II. (a)
1032	1032	If the aggrieved employee's immediate supervisor is the sheriff,
1033	1033	the steps prescribed by Sections 158.056 and 158.057 are combined.
1034	1034	The sheriff shall meet with the aggrieved employee and may not
1035	1035	appoint a representative.
1036	1036	(b) A sheriff, with the approval of the commission, may
1037	1037	change the procedure prescribed by Sections 158.056 and 158.057 to
1038	1038	reflect a change in a department's chain of command.
1039	1039	Sec. 158.062. MISCELLANEOUS GRIEVANCE PROVISIONS. (a) An
1040	1040	employee may, but is not required to, obtain a representative at any
1041	1041	time during the grievance procedure. The county is not obligated to
1042	1042	provide or pay the costs of providing representation. The
1043	1043	representative:
1044	1044	(1) is not required to be an attorney;
1045	1045	(2) is entitled to be present to advise the employee;
1046	1046	(3) is entitled to present any evidence or information
1047	1047	for the employee; and
1048	1048	(4) may not be prevented from fully participating in
1049	1049	any of the grievance proceedings.
1050	1050	(b) An employee may take reasonable time off from a job
1051	1051	assignment to file a grievance and attend a meeting or hearing.
1052	1052	Time taken to pursue a grievance may not be charged against that
1053	1053	employee. The employee shall be compensated on an overtime basis
1054	1054	for the time that employee spends at a grievance meeting or hearing
1055	1055	if:
1056	1056	(1) the meeting or hearing is scheduled at a time other
1057	1057	than that employee's normally assigned working hours; and
1058	1058	(2) that employee prevails in the grievance.
1059	1059	(c) If notice that a grievance meeting or hearing is to be
1060	1060	recorded is provided to all persons present at the meeting or
1061	1061	hearing, the employee, the sheriff, or the sheriff's designee may
1062	1062	record the meeting or hearing.
1063	1063	(d) The commission shall provide a suitable notice
1064	1064	explaining the grievance procedure prescribed by this subchapter
1065	1065	and furnish copies to the department. The notice shall be posted in
1066	1066	a prominent place or places within the department work areas to give
1067	1067	reasonable notice of the grievance procedure to each member of the
1068	1068	department.
1069	1069	(e) At the request of the sheriff or an employee who has
1070	1070	filed a grievance under this subchapter, the county's legal
1071	1071	department or the commission shall assist in resolving the
1072	1072	grievance.
1073	1073	(f) The commission is the official final custodian of all
1074	1074	records involving grievances. A depository for closed files
1075	1075	regarding grievances shall be maintained by the commission.
1076	1076	(g) An employee who files a grievance pursuant to this
1077	1077	section and Sections 158.055 through 158.061 is entitled to 48
1078	1078	hours notice of any meeting or hearing scheduled under Section
1079	1079	158.056(b), 158.057(b), 158.058(b), or 158.059(b). In the event
1080	1080	that the employee is not given 48 hours advance notice, the
1081	1081	employee's grievance shall be automatically sustained and no
1082	1082	further action may be had on the grievance.
1083	1083	(h) If the decision of the commission under Section 158.059
1084	1084	or the decision of a hearing examiner under Section 158.057 that has
1085	1085	become final is favorable to an employee, the sheriff shall
1086	1086	implement the relief granted to the employee not later than the 10th
1087	1087	day after the date on which the decision was issued. If the sheriff
1088	1088	intentionally fails to implement the relief within the 10-day
1089	1089	period, the county shall pay the employee $1,000 for each day after
1090	1090	the 10-day period that the decision is not yet implemented.
1091	1091	SECTION 5. This Act takes effect immediately if it receives
1092	1092	a vote of two-thirds of all the members elected to each house, as
1093	1093	provided by Section 39, Article III, Texas Constitution. If this
1094	1094	Act does not receive the vote necessary for immediate effect, this
1095	1095	Act takes effect September 1, 2021.