| 3 | 5 | | |
|---|
| 4 | 6 | | |
|---|
| 5 | 7 | | A BILL TO BE ENTITLED |
|---|
| 6 | 8 | | AN ACT |
|---|
| 7 | 9 | | relating to procedures and practices governing the appeal of a |
|---|
| 8 | 10 | | disciplinary action within the Department of Public Safety. |
|---|
| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 12 | | SECTION 1. Section 411.007(f), Government Code, is amended |
|---|
| 11 | 13 | | to read as follows: |
|---|
| 12 | 14 | | (f) A discharged commissioned officer is entitled, on |
|---|
| 13 | 15 | | application to the commission, to a public hearing before the |
|---|
| 14 | 16 | | commission, who shall affirm, modify, or set aside the |
|---|
| 15 | 17 | | discharge. The commission shall affirm, modify, or set aside a |
|---|
| 16 | 18 | | discharge on the basis of the evidence presented to the |
|---|
| 17 | 19 | | commission. If the commission affirms the discharge, the |
|---|
| 18 | 20 | | discharged officer may seek judicial review, not later than the |
|---|
| 19 | 21 | | 90th day after the date the commission affirms the discharge, in a |
|---|
| 20 | 22 | | district court under the substantial evidence standard of review, |
|---|
| 21 | 23 | | and the officer remains suspended without pay while the case is |
|---|
| 22 | 24 | | under judicial review. If the commission sets aside or modifies the |
|---|
| 23 | 25 | | discharge, including by prescribing a period of suspension or a |
|---|
| 24 | 26 | | demotion, the commission may award back pay for all or part of the |
|---|
| 25 | 27 | | period during which the commissioned officer was suspended without |
|---|
| 26 | 28 | | pay. |
|---|
| 27 | 29 | | SECTION 2. Section 411.0072(b), Government Code, is amended |
|---|
| 28 | 30 | | to read as follows: |
|---|
| 29 | 31 | | (b) The commission shall establish procedures and practices |
|---|
| 30 | 32 | | governing the appeal of a disciplinary action within the |
|---|
| 31 | 33 | | department. The procedures and practices must allow a commissioned |
|---|
| 32 | 34 | | officer who is the subject of a disciplinary action to present |
|---|
| 33 | 35 | | testimony and evidence to the commission at a hearing on the appeal. |
|---|
| 34 | 36 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|