Texas 2021 - 87th Regular

Texas House Bill HB1217 Compare Versions

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

Old	New	Differences
1	1	87R5172 SGM-F
2	2	By: Perez H.B. No. 1217
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a constable's department civil
8	8	service system in certain counties; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 158, Local Government Code, is amended
11	11	by adding Subchapter C to read as follows:
12	12	SUBCHAPTER C. CONSTABLE'S DEPARTMENT CIVIL SERVICE SYSTEM IN
13	13	CERTAIN COUNTIES
14	14	Sec. 158.101. DEFINITIONS. In this subchapter:
15	15	(1) "Commission" means a civil service commission for
16	16	all of a county's employees.
17	17	(2) "Department" means a constable's department.
18	18	(3) "Employee" means a department employee, including
19	19	a deputy constable.
20	20	Sec. 158.102. ELIGIBLE COUNTIES. A county with a
21	21	population of more than 3.3 million may, in accordance with this
22	22	subchapter, create a civil service system for all of the county's
23	23	employees.
24	24	Sec. 158.103. ESTABLISHMENT BY PETITION AND ELECTION. (a)
25	25	If at least 20 percent of a county's employees sign a petition
26	26	requesting an election under this section and present the petition
27	27	to the county judge, the judge shall order an election on the
28	28	question of the creation of a civil service system for all employees
29	29	in the county.
30	30	(b) The county judge shall hold the election after the 15th
31	31	day but on or before the 45th day after the date the petition is
32	32	submitted. The election must be by secret ballot and each employee
33	33	is entitled to vote at the election.
34	34	(c) The ballots for the election shall be printed to provide
35	35	for voting for or against the proposition: "Creation of a civil
36	36	service system for all constable's department employees in the
37	37	county."
38	38	(d) The county judge shall canvass the votes and declare the
39	39	result.
40	40	Sec. 158.104. ESTABLISHMENT BY ORDER. In lieu of
41	41	establishment under Section 158.103, the commissioners court of a
42	42	county may by order create a civil service system for all employees
43	43	in the county.
44	44	Sec. 158.105. APPOINTMENT OF COMMISSION. (a) If a majority
45	45	of the employees voting at the election approve the creation of or
46	46	the commissioners court by order creates a civil service system,
47	47	each constable, the commissioners court, and the district attorney
48	48	shall each appoint one person to serve as a member of the
49	49	commission.
50	50	(b) The members of the commission shall elect one of the
51	51	members as chair of the commission.
52	52	(c) Each member of the commission is appointed for a term of
53	53	two years.
54	54	(d) The person who appointed a member of the commission
55	55	whose position becomes vacant shall appoint a person to serve the
56	56	unexpired part of the member's term.
57	57	(e) To be eligible for appointment to the commission, a
58	58	person must:
59	59	(1) be at least 25 years old; and
60	60	(2) have resided in the county for the three years
61	61	immediately preceding the date on which the person's term will
62	62	begin.
63	63	Sec. 158.106. POWERS OF COMMISSION. (a) The commission
64	64	shall adopt, publish, and enforce rules regarding:
65	65	(1) selection and classification of employees;
66	66	(2) competitive examinations;
67	67	(3) promotions, seniority, and tenure;
68	68	(4) layoffs and dismissals;
69	69	(5) disciplinary actions;
70	70	(6) grievance procedures;
71	71	(7) the rights of employees during an internal
72	72	investigation; and
73	73	(8) other matters relating to the selection of
74	74	employees and the procedural and substantive rights, advancement,
75	75	benefits, and working conditions of employees.
76	76	(b) The commission may adopt or use as a guide any civil
77	77	service law or rule of the United States, this state, or a political
78	78	subdivision in this state to the extent that the law or rule
79	79	promotes the purposes of this subchapter and is consistent with the
80	80	needs and circumstances of the departments.
81	81	(c) A panel of three commissioners shall preside at the
82	82	hearing and vote on the commission's final decision in any case
83	83	involving termination, demotion, or recovery of back pay. A panel's
84	84	decision is the final decision of the commission for purposes of
85	85	Sections 158.107 and 158.110. The commission shall adopt rules
86	86	prescribing the commission's procedures for assigning members to a
87	87	panel. A panel may not include the member who was appointed to the
88	88	commission by a constable when the hearing involves an employee
89	89	from that constable's department.
90	90	(d) In rendering a final decision regarding a disciplinary
91	91	action by the department, the commission may only sustain,
92	92	overturn, or reduce the disciplinary action. The commission may
93	93	not enhance a disciplinary action by the department.
94	94	Sec. 158.107. PROCEDURES AFTER FELONY INDICTMENT OR
95	95	MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a felony
96	96	or officially charged with the commission of a Class A or B
97	97	misdemeanor, the constable may temporarily suspend the employee
98	98	with or without pay for a period not to exceed 30 days after the date
99	99	of final disposition of the specified felony indictment or
100	100	misdemeanor complaint.
101	101	(b) The constable shall notify the suspended employee in
102	102	writing that the person is being temporarily suspended for a
103	103	specific period, with or without pay, as applicable, and that the
104	104	temporary suspension is not intended to reflect an opinion on the
105	105	merits of the indictment or complaint.
106	106	(c) An employee indicted for a felony or officially charged
107	107	with the commission of a Class A or B misdemeanor who has also been
108	108	charged by the constable with a civil service rule violation
109	109	directly related to the indictment or complaint may delay the civil
110	110	service hearing for not more than 30 days after the date of the
111	111	final disposition of the indictment or complaint.
112	112	(d) If the constable temporarily suspends an employee under
113	113	this section and the employee is not found guilty as charged in the
114	114	indictment or complaint in a court of competent jurisdiction, the
115	115	employee may appeal to the commission for recovery of back pay. The
116	116	commission may:
117	117	(1) award all or part of the back pay; or
118	118	(2) modify or uphold the decision by the constable.
119	119	(e) Acquittal or dismissal of an indictment or a complaint
120	120	does not mean that an employee has not violated a civil service rule
121	121	and does not negate the charges that may have been or may be brought
122	122	against the employee by the constable.
123	123	(f) Conviction of a felony is cause for dismissal, and
124	124	conviction of a Class A or B misdemeanor may be cause for
125	125	disciplinary action or dismissal.
126	126	Sec. 158.108. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER
127	127	OATHS; CRIMINAL OFFENSE. (a) In a proceeding before the commission
128	128	under this subchapter, the chair of the commission shall, on
129	129	request of a person described by Subsection (b):
130	130	(1) administer oaths; and
131	131	(2) issue subpoenas and subpoenas duces tecum for the
132	132	attendance of witnesses and for the production of documentary
133	133	material.
134	134	(b) The affected employee, the county attorney, or a
135	135	designee of the employee or the county attorney may request the
136	136	chair of the commission to subpoena any books, records, documents,
137	137	papers, accounts, or witnesses that the requestor considers
138	138	relevant to the case. The request must be made before the 10th day
139	139	before the date a commission proceeding will be held.
140	140	(c) An oath administered under this section has the same
141	141	force and effect as an oath administered by a magistrate in the
142	142	magistrate's judicial capacity.
143	143	(d) A response to a subpoena duces tecum under this section
144	144	is considered to have been made under oath.
145	145	(e) A person who is subpoenaed commits an offense if the
146	146	person fails to appear as required by the subpoena. An offense under
147	147	this section is a misdemeanor punishable by a fine up to $1,000,
148	148	confinement in the county jail for not more than 30 days, or both
149	149	the fine and confinement.
150	150	Sec. 158.109. COMPENSATION AND STAFF. The members of the
151	151	commission serve without compensation, but the commissioners court
152	152	shall reimburse each member for actual and necessary expenses
153	153	incurred in performing the member's duties. The commissioners
154	154	court shall provide the commission with adequate office space and
155	155	sufficient funds to employ an adequate staff and to purchase
156	156	necessary supplies and equipment.
157	157	Sec. 158.110. APPEALS. (a) An employee who, on a final
158	158	decision by the commission, is demoted, suspended, or removed from
159	159	a position may appeal the decision by filing a petition in a
160	160	district court in the county within 30 days after the date of the
161	161	decision.
162	162	(b) An appeal under this section is under the substantial
163	163	evidence rule, and the judgment of the district court is appealable
164	164	as in other civil cases.
165	165	(c) If the district court renders judgment for the
166	166	petitioner, the court may order reinstatement of the employee,
167	167	payment of back pay, or other appropriate relief.
168	168	Sec. 158.111. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. (a)
169	169	The same standards described by Section 158.0121 apply to an appeal
170	170	under Section 158.110.
171	171	(b) The procedures for review under Section 158.110 are the
172	172	same as provided by Section 158.0122.
173	173	(c) The commission may require a party who appeals a
174	174	decision under Section 158.110 to pay the cost of preparing the
175	175	commission record in the same manner provided by Section 158.0123.
176	176	Sec. 158.112. EXEMPTIONS. (a) A person who is an employee
177	177	on the date that a civil service system is adopted under this
178	178	subchapter may not be required to take a competitive examination or
179	179	perform any other act under this subchapter to maintain the
180	180	person's employment.
181	181	(b) Each constable of a county may designate as exempt from
182	182	the civil service system:
183	183	(1) the position of chief deputy;
184	184	(2) four positions in the rank immediately under the
185	185	rank of chief deputy;
186	186	(3) one or more positions in the office of
187	187	departmental legal counsel; and
188	188	(4) additional positions in the department except that
189	189	the constable may not designate as exempt a total of more than 10
190	190	positions.
191	191	(c) At the time a new constable takes office, an employee
192	192	holding an exempt position may be transferred to the nonexempt
193	193	position held by the employee immediately before being promoted to
194	194	an exempt position. A person who was not an officer in the
195	195	department when appointed to an exempt position may be transferred
196	196	only to an entry level position in accordance with the system's
197	197	civil service rules.
198	198	Sec. 158.113. SYSTEM DISSOLUTION BY DEPARTMENT ELECTION.
199	199	(a) If, after a civil service system under this subchapter has been
200	200	in effect in a county for at least one year, at least 20 percent of
201	201	the employees in the county petition the county judge to dissolve
202	202	the system, the judge shall order an election on the question of the
203	203	dissolution of the civil service system.
204	204	(b) The county judge shall hold the election after the 15th
205	205	day but on or before the 45th day after the date the petition is
206	206	submitted. The election must be by secret ballot and each employee
207	207	is entitled to vote at the election.
208	208	(c) The ballots for the election shall be printed to provide
209	209	for voting for or against the proposition: "Dissolution of the
210	210	civil service system for all constable's department employees in
211	211	the county."
212	212	(d) The county judge shall canvass the votes and declare the
213	213	result.
214	214	(e) If the proposition is approved by a majority of the
215	215	employees voting at the election, the county judge shall declare
216	216	the civil service system dissolved.
217	217	Sec. 158.114. SYSTEM DISSOLUTION BY COUNTY ELECTION. (a)
218	218	After a civil service system under this subchapter has been in
219	219	effect in a county for at least one year, a person may file a
220	220	petition signed by at least 10 percent of the registered voters of
221	221	the county with the county judge for a countywide election on the
222	222	dissolution of the civil service system.
223	223	(b) On receipt of a petition described by Subsection (a),
224	224	the county judge shall order an election in the county on the
225	225	question of the dissolution of the civil service system to be held
226	226	in the county:
227	227	(1) on the next uniform election date that allows
228	228	sufficient time to comply with applicable provisions of law; or
229	229	(2) at a special election called for that purpose.
230	230	(c) The ballots for the election described by Subsection (b)
231	231	shall be printed to provide for voting for or against the
232	232	proposition: "Dissolution of the civil service system for all
233	233	constable's department employees in the county."
234	234	(d) If a majority of the voters voting at the election
235	235	described by Subsection (b) approve dissolution, the county judge
236	236	shall declare the civil service system dissolved.
237	237	Sec. 158.115. EXCLUSIVITY. A civil service system created
238	238	under this subchapter and in effect applies to employees and
239	239	departments to the exclusion of a civil service system in that
240	240	county created under Subchapter A or another law.
241	241	SECTION 2. This Act takes effect immediately if it receives
242	242	a vote of two-thirds of all the members elected to each house, as
243	243	provided by Section 39, Article III, Texas Constitution. If this
244	244	Act does not receive the vote necessary for immediate effect, this
245	245	Act takes effect September 1, 2021.