87R11129 CJC-D
By: Canales H.B. No. 2001
A BILL TO BE ENTITLED
AN ACT
relating to procedures and practices governing the appeal of a
disciplinary action within the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.007(f), Government Code, is amended
to read as follows:
(f) A discharged commissioned officer is entitled, on
application to the commission, to a public hearing before the
commission, who shall affirm, modify, or set aside the
discharge. The commission shall affirm, modify, or set aside a
discharge on the basis of the evidence presented to the
commission. If the commission affirms the discharge, the
discharged officer may seek judicial review, not later than the
90th day after the date the commission affirms the discharge, in a
district court under the substantial evidence standard of review,
and the officer remains suspended without pay while the case is
under judicial review. If the commission sets aside or modifies the
discharge, including by prescribing a period of suspension or a
demotion, the commission may award back pay for all or part of the
period during which the commissioned officer was suspended without
pay.
SECTION 2. Section 411.0072(b), Government Code, is amended
to read as follows:
(b) The commission shall establish procedures and practices
governing the appeal of a disciplinary action within the
department. The procedures and practices must allow a commissioned
officer who is the subject of a disciplinary action to present
testimony and evidence to the commission at a hearing on the appeal.
SECTION 3. This Act takes effect September 1, 2021.