Texas 2023 - 88th Regular

Texas House Bill HB994 Compare Versions

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1	1	88R15348 DRS-F
2	2	By: Muñoz, Jr., Frazier H.B. No. 994
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sheriff's department civil service systems in certain
8	8	counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 158, Local Government
11	11	Code, is amended by adding Sections 158.0352 and 158.0353 to read as
12	12	follows:
13	13	Sec. 158.0352. DISCIPLINARY SUSPENSION OR TERMINATION. (a)
14	14	The sheriff may suspend or terminate an employee for the violation
15	15	of a civil service rule. A suspension under this section may be for
16	16	a reasonable period not to exceed 15 calendar days.
17	17	(b) If the sheriff suspends or terminates an employee, the
18	18	sheriff shall, within 120 hours after the hour of suspension or
19	19	termination, file a written statement with the commission giving
20	20	the reasons for the suspension or termination. The sheriff shall
21	21	immediately deliver a copy of the statement in person to the
22	22	suspended or terminated employee.
23	23	(c) The copy of the written statement must inform the
24	24	suspended or terminated employee that if the employee wants to
25	25	appeal to the commission, the employee must file a written appeal
26	26	with the commission within 10 days after the date the employee
27	27	receives the copy of the statement.
28	28	(d) The written statement filed by the sheriff with the
29	29	commission must identify each civil service rule alleged to have
30	30	been violated by the suspended or terminated employee and must
31	31	describe the alleged acts of the employee that the sheriff contends
32	32	are in violation of the civil service rules. It is not sufficient
33	33	for the sheriff merely to refer to the provisions of the rules
34	34	alleged to have been violated.
35	35	(e) If the sheriff does not specifically identify in the
36	36	written statement the act or acts of the suspended or terminated
37	37	employee that allegedly violated the civil service rules, the
38	38	commission shall promptly reinstate the employee.
39	39	(f) If offered by the sheriff, the suspended or terminated
40	40	employee may agree in writing to voluntarily accept, with no right
41	41	of appeal, a suspension of 16 to 90 calendar days for the violation
42	42	of a civil service rule. The employee must accept the offer within
43	43	five working days after the date the offer is made. If the employee
44	44	refuses the offer and wants to appeal to the commission, the
45	45	employee must file a written appeal with the commission in
46	46	accordance with Section 158.037.
47	47	(g) In the original written statement and charges and in any
48	48	hearing conducted under this subchapter, the sheriff may not
49	49	complain of an act that occurred earlier than the 180th day
50	50	preceding the date the sheriff suspends or terminates the employee.
51	51	If the act is allegedly related to criminal activity, including the
52	52	violation of a federal, state, or local law for which the employee
53	53	is subject to a criminal penalty:
54	54	(1) the sheriff may not complain of an act that is
55	55	discovered earlier than the 180th day preceding the date the
56	56	sheriff suspends or terminates the employee; and
57	57	(2) the sheriff must allege that the act complained of
58	58	is related to criminal activity.
59	59	Sec. 158.0353. DEMOTIONS. (a) The sheriff may recommend to
60	60	the commission in writing that the commission demote a nonexempt
61	61	employee involuntarily.
62	62	(b) The sheriff must include in the recommendation for
63	63	demotion the reasons for the recommended demotion and a request
64	64	that the commission order the demotion. The sheriff must
65	65	immediately furnish a copy of the recommendation in person to the
66	66	affected employee.
67	67	(c) The commission may refuse to grant the request for
68	68	demotion. If the commission believes that probable cause exists
69	69	for ordering the demotion, the commission shall give the employee
70	70	written notice to appear before the commission for a public hearing
71	71	at a time and place specified in the notice. The commission shall
72	72	give the notice before the 10th day before the date the hearing will
73	73	be held.
74	74	(d) The employee is entitled to a full and complete public
75	75	hearing, and the commission may not demote an employee without that
76	76	public hearing.
77	77	(e) A voluntary demotion in which the employee has accepted
78	78	the terms of the demotion in writing is not subject to this section.
79	79	SECTION 2. This Act takes effect immediately if it receives
80	80	a vote of two-thirds of all the members elected to each house, as
81	81	provided by Section 39, Article III, Texas Constitution. If this
82	82	Act does not receive the vote necessary for immediate effect, this
83	83	Act takes effect September 1, 2023.