Texas 2021 - 87th Regular

Texas House Bill HB2561 Compare Versions

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

Old	New	Differences
1	1	87R9138 MP-F
2	2	By: Martinez H.B. No. 2561
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to deputy sheriff civil service appeals of certain
8	8	sheriff's department actions.
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. DEPUTY SHERIFF APPEAL TO INDEPENDENT HEARING EXAMINER
13	13	Sec. 158.101. DEFINITION. In this subchapter, "commission"
14	14	means the civil service commission appointed to administer the
15	15	applicable civil service system.
16	16	Sec. 158.102. APPLICABILITY OF SUBCHAPTER. This
17	17	subchapter applies to a civil service system created under this
18	18	chapter that covers deputy sheriffs.
19	19	Sec. 158.103. AUTHORITY TO APPEAL TO INDEPENDENT EXAMINER;
20	20	REPEAL OF AUTHORITY. (a) If authorized to do so by an order of the
21	21	commissioners court, a commission by rule may authorize deputy
22	22	sheriffs to appeal under this subchapter to an independent hearing
23	23	examiner instead of to the commission the following employment
24	24	actions:
25	25	(1) a demotion or recommended demotion;
26	26	(2) a suspension of three days or more; or
27	27	(3) a termination.
28	28	(b) A commissioners court may repeal the order authorizing
29	29	appeals to a hearing examiner under Subsection (a) at any time. If
30	30	the commissioners court repeals the order, any pending appeal is
31	31	governed by this subchapter until final resolution of the appeal.
32	32	Sec. 158.104. REQUIRED NOTICE OF HEARING EXAMINER APPEAL.
33	33	A written notice for a demotion or disciplinary action issued to a
34	34	deputy sheriff must state that in an appeal of a demotion or
35	35	recommended demotion, a suspension of three days or more, or a
36	36	termination, the deputy may appeal to an independent hearing
37	37	examiner instead of to the commission. The notice must state that
38	38	if the deputy appeals to a hearing examiner, the deputy waives the
39	39	right to appeal to district court except as provided by Section
40	40	158.111(b).
41	41	Sec. 158.105. REQUEST FOR HEARING EXAMINER APPEAL. To
42	42	appeal to a hearing examiner, a deputy sheriff must submit to the
43	43	commission and the sheriff a written request as part of any original
44	44	notice of appeal required under the commission's rules stating the
45	45	deputy's preference to appeal to an independent hearing examiner.
46	46	Sec. 158.106. SELECTION OF HEARING EXAMINER. (a) On a
47	47	request under Section 158.105, the deputy sheriff and the sheriff,
48	48	or their designees, shall attempt to agree on the selection of an
49	49	impartial hearing examiner.
50	50	(b) If the deputy and the sheriff do not agree on the
51	51	selection of a hearing examiner before the 11th day after the date
52	52	the appeal is filed, the commission shall request a list of seven
53	53	qualified arbitrators from the American Arbitration Association or
54	54	the Federal Mediation and Conciliation Service, or their successors
55	55	in function.
56	56	(c) The deputy and the sheriff, or their designees, may
57	57	agree on one of the seven arbitrators on the list described by
58	58	Subsection (b). If the deputy and the sheriff do not agree before
59	59	the sixth business day after the date the list is received, the
60	60	deputy and the sheriff, or their designees, shall alternate
61	61	striking a name from the list and the name remaining is the hearing
62	62	examiner.
63	63	Sec. 158.107. DATE OF HEARING. (a) The deputy sheriff and
64	64	the sheriff, or their designees, must agree on a date for an appeal
65	65	hearing conducted under this subchapter.
66	66	(b) An appeal hearing must begin as soon as a hearing
67	67	examiner can be scheduled. If a hearing examiner cannot begin the
68	68	hearing within 45 days after the date of selection, the deputy or
69	69	the sheriff may, before the third day after the date the deputy or
70	70	sheriff learns of that fact, call for the selection of a new hearing
71	71	examiner using the procedure under Section 158.106.
72	72	Sec. 158.108. POWERS OF HEARING EXAMINER. In an appeal
73	73	hearing conducted under this subchapter, the hearing examiner has
74	74	the same powers and duties as the commission, including any right to
75	75	issue subpoenas.
76	76	Sec. 158.109. DECISION DEADLINE. (a) In an appeal hearing
77	77	conducted under this subchapter, the deputy sheriff and the sheriff
78	78	may agree to an expedited hearing procedure. Unless otherwise
79	79	agreed to by the deputy and the sheriff, a hearing examiner shall
80	80	render a decision on the appeal in an expedited procedure not later
81	81	than the 10th day after the date the hearing ends.
82	82	(b) In an appeal that does not involve an expedited hearing
83	83	procedure, a hearing examiner shall make a reasonable effort to
84	84	render a decision on the appeal not later than the 30th day after
85	85	the date the hearing ends or the briefs are filed.
86	86	(c) A hearing examiner's inability to meet the time
87	87	requirements imposed by this subchapter does not affect the hearing
88	88	examiner's jurisdiction, the validity of the disciplinary action,
89	89	or the hearing examiner's final decision.
90	90	Sec. 158.110. COSTS OF HEARING. (a) A party who loses an
91	91	appeal is liable for the hearing examiner's fees and expenses.
92	92	(b) The costs of a witness are paid by the party who calls
93	93	the witness.
94	94	Sec. 158.111. APPEAL OF DECISION. (a) A hearing examiner's
95	95	decision is final and binding on all parties. A deputy sheriff who
96	96	decides to appeal to an independent hearing examiner waives the
97	97	right to appeal to district court except as provided by Subsection
98	98	(b).
99	99	(b) A district court may hear an appeal of a hearing
100	100	examiner's award only on the grounds that the hearing examiner was
101	101	without jurisdiction or exceeded the hearing examiner's
102	102	jurisdiction or that the order was procured by fraud, collusion, or
103	103	other unlawful means. An appeal must be brought in the district
104	104	court having jurisdiction in the county.
105	105	SECTION 2. This Act takes effect September 1, 2021.