By: Muñoz, Jr. H.B. No. 994
A BILL TO BE ENTITLED
AN ACT
relating to sheriff's department civil service systems in certain
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 158, Local Government
Code, is amended by adding 158.0352 to read as follows:
Sec. 158.0352. DISCIPLINARY SUSPENSIONS. (a) The sheriff
may discipline an employee by suspension or termination for the
violation of a civil service rule. The suspension may be for a
reasonable period not to exceed 15 calendar days.
(b) If the sheriff disciplines an employee, the sheriff
shall, within 120 hours after the hour of discipline, file a written
statement with the commission giving the reasons for the
discipline. The sheriff shall immediately deliver a copy of the
statement in person to the disciplined employee.
(c) The copy of the written statement must inform the
disciplined employee that if the employee wants to appeal to the
commission, the employee must file a written appeal with the
commission within 10 days after the date the employee receives the
copy of the statement.
(d) The written statement filed by the sheriff with the
commission must point out each civil service rule alleged to have
been violated by the disciplined employee and must describe the
alleged acts of the employee that the sheriff contends are in
violation of the civil service rules. It is not sufficient for the
sheriff merely to refer to the provisions of the rules alleged to
have been violated.
(e) If the sheriff does not specifically point out in the
written statement the act or acts of the employee that allegedly
violated the civil service rules, the commission shall promptly
reinstate the employee.
(f) If offered by the sheriff, the employee may agree in
writing to voluntarily accept, with no right of appeal, a
suspension of 16 to 90 calendar days for the violation of a civil
service rule. The employee must accept the offer within five
working days after the date the offer is made. If the employee
refuses the offer and wants to appeal to the commission, the
employee must file a written appeal with the commission in
accordance with Section 158.037.
(g) In the original written statement and charges and in any
hearing conducted under this subchapter, the sheriff may not
complain of an act that occurred earlier than the 180th day
preceding the date the sheriff suspends the employee. If the act is
allegedly related to criminal activity, including the violation of
a federal, state, or local law for which the employee is subject to
a criminal penalty:
(1) the sheriff may not complain of an act that is
discovered earlier than the 180th day preceding the date the
sheriff disciplines the employee; and
(2) the sheriff must allege that the act complained of
is related to criminal activity.
Sec. 158.0353. DEMOTIONS. (a) The sheriff may recommend to
the commission in writing that the commission demote a nonexempt
employee involuntarily.
(b) The sheriff must include in the recommendation for
demotion the reasons for the recommended demotion and a request
that the commission order the demotion. The sheriff must
immediately furnish a copy of the recommendation in person to the
affected employee.
(c) The commission may refuse to grant the request for
demotion. If the commission believes that probable cause exists for
ordering the demotion, the commission shall give the employee
written notice to appear before the commission for a public hearing
at a time and place specified in the notice. The commission shall
give the notice before the 10th day before the date the hearing will
be held.
(d) The employee is entitled to a full and complete public
hearing, and the commission may not demote an employee without that
public hearing.
(e) A voluntary demotion in which the employee has accepted
the terms of the demotion in writing is not subject to this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.