Texas 2025 - 89th Regular

Texas House Bill HB2174 Compare Versions

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

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1	1	By: Muñoz H.B. No. 2174
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to sheriff's department civil service systems in certain
9	9	counties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 158, Local Government
12	12	Code, is amended by adding Sections 158.0352 and 158.0353 to read as
13	13	follows:
14	14	Sec. 158.0352. DISCIPLINARY SUSPENSION OR TERMINATION. (a)
15	15	The sheriff may suspend or terminate an employee for the violation
16	16	of a civil service rule. A suspension under this section may be for
17	17	a reasonable period not to exceed 15 calendar days.
18	18	(b) If the sheriff suspends or terminates an employee, the
19	19	sheriff shall, within 120 hours after the hour of suspension or
20	20	termination, file a written statement with the commission giving
21	21	the reasons for the suspension or termination. The sheriff shall
22	22	immediately deliver a copy of the statement in person to the
23	23	suspended or terminated employee.
24	24	(c) The copy of the written statement must inform the
25	25	suspended or terminated employee that if the employee wants to
26	26	appeal to the commission, the employee must file a written appeal
27	27	with the commission within 10 days after the date the employee
28	28	receives the copy of the statement.
29	29	(d) The written statement filed by the sheriff with the
30	30	commission must identify each civil service rule alleged to have
31	31	been violated by the suspended or terminated employee and must
32	32	describe the alleged acts of the employee that the sheriff contends
33	33	are in violation of the civil service rules. It is not sufficient
34	34	for the sheriff merely to refer to the provisions of the rules
35	35	alleged to have been violated.
36	36	(e) If the sheriff does not specifically identify in the
37	37	written statement the act or acts of the suspended or terminated
38	38	employee that allegedly violated the civil service rules, the
39	39	commission shall promptly reinstate the employee.
40	40	(f) If offered by the sheriff, the suspended or terminated
41	41	employee may agree in writing to voluntarily accept, with no right
42	42	of appeal, a suspension of 16 to 90 calendar days for the violation
43	43	of a civil service rule. The employee must accept the offer within
44	44	five working days after the date the offer is made. If the employee
45	45	refuses the offer and wants to appeal to the commission, the
46	46	employee must file a written appeal with the commission in
47	47	accordance with Section 158.037.
48	48	(g) In the original written statement and charges and in any
49	49	hearing conducted under this subchapter, the sheriff may not
50	50	complain of an act that occurred earlier than the 180th day
51	51	preceding the date the sheriff suspends or terminates the employee.
52	52	If the act is allegedly related to criminal activity, including the
53	53	violation of a federal, state, or local law for which the employee
54	54	is subject to a criminal penalty:
55	55	(1) the sheriff may not complain of an act that is
56	56	discovered earlier than the 180th day preceding the date the
57	57	sheriff suspends or terminates the employee; and
58	58	(2) the sheriff must allege that the act complained of
59	59	is related to criminal activity.
60	60	Sec. 158.0353. DEMOTIONS. (a) The sheriff may recommend to
61	61	the commission in writing that the commission demote a nonexempt
62	62	employee involuntarily.
63	63	(b) The sheriff must include in the recommendation for
64	64	demotion the reasons for the recommended demotion and a request
65	65	that the commission order the demotion. The sheriff must
66	66	immediately furnish a copy of the recommendation in person to the
67	67	affected employee.
68	68	(c) The commission may refuse to grant the request for
69	69	demotion. If the commission believes that probable cause exists for
70	70	ordering the demotion, the commission shall give the employee
71	71	written notice to appear before the commission for a public hearing
72	72	at a time and place specified in the notice. The commission shall
73	73	give the notice before the 10th day before the date the hearing will
74	74	be held.
75	75	(d) The employee is entitled to a full and complete public
76	76	hearing, and the commission may not demote an employee without that
77	77	public hearing.
78	78	(e) A voluntary demotion in which the employee has accepted
79	79	the terms of the demotion in writing is not subject to this section.
80	80	SECTION 2. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2025.