88R15348 DRS-F
By: Muñoz, Jr., Frazier 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 Sections 158.0352 and 158.0353 to read as
follows:
Sec. 158.0352. DISCIPLINARY SUSPENSION OR TERMINATION. (a)
The sheriff may suspend or terminate an employee for the violation
of a civil service rule. A suspension under this section may be for
a reasonable period not to exceed 15 calendar days.
(b) If the sheriff suspends or terminates an employee, the
sheriff shall, within 120 hours after the hour of suspension or
termination, file a written statement with the commission giving
the reasons for the suspension or termination. The sheriff shall
immediately deliver a copy of the statement in person to the
suspended or terminated employee.
(c) The copy of the written statement must inform the
suspended or terminated 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 identify each civil service rule alleged to have
been violated by the suspended or terminated 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 identify in the
written statement the act or acts of the suspended or terminated
employee that allegedly violated the civil service rules, the
commission shall promptly reinstate the employee.
(f) If offered by the sheriff, the suspended or terminated
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 or terminates 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 suspends or terminates 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.