Texas 2025 - 89th Regular

Texas House Bill HB3319 Compare Versions

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

Old	New	Differences
1	1	89R4649 DNC-F
2	2	By: Morales Shaw H.B. No. 3319
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of a constable's department civil
10	10	service system in certain counties; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 158, Local Government Code, is amended
13	13	by adding Subchapter C to read as follows:
14	14	SUBCHAPTER C. CONSTABLE'S DEPARTMENT CIVIL SERVICE SYSTEM IN
15	15	CERTAIN COUNTIES
16	16	Sec. 158.101. DEFINITIONS. In this subchapter:
17	17	(1) "Commission" means a civil service commission for
18	18	all of a county's employees.
19	19	(2) "Department" means a constable's department.
20	20	(3) "Employee" means a department employee, including
21	21	a deputy constable.
22	22	Sec. 158.102. ELIGIBLE COUNTIES. A county with a
23	23	population of more than 3.3 million may, in accordance with this
24	24	subchapter, create a civil service system for all of the county's
25	25	employees.
26	26	Sec. 158.103. ESTABLISHMENT BY PETITION AND ELECTION. (a)
27	27	If at least 20 percent of a county's employees sign a petition
28	28	requesting an election under this section and present the petition
29	29	to the county judge, the judge shall order an election on the
30	30	question of the creation of a civil service system for all employees
31	31	in the county.
32	32	(b) The county judge shall hold the election after the 15th
33	33	day but on or before the 45th day after the date the petition is
34	34	submitted. The election must be by secret ballot, and each employee
35	35	is entitled to vote at the election.
36	36	(c) The ballots for the election shall be printed to provide
37	37	for voting for or against the proposition: "Creation of a civil
38	38	service system for all constable's department employees in the
39	39	county."
40	40	(d) The county judge shall canvass the votes and declare the
41	41	result.
42	42	Sec. 158.104. ESTABLISHMENT BY ORDER. In lieu of
43	43	establishment under Section 158.103, the commissioners court of a
44	44	county may by order create a civil service system for all employees
45	45	in the county.
46	46	Sec. 158.105. APPOINTMENT OF COMMISSION. (a) If a majority
47	47	of the employees voting at the election approve the creation of or
48	48	the commissioners court by order creates a civil service system,
49	49	each constable, the commissioners court, and the district attorney
50	50	shall each appoint one person to serve as a member of the
51	51	commission.
52	52	(b) The members of the commission shall elect one of the
53	53	members as chair of the commission.
54	54	(c) Each member of the commission is appointed for a term of
55	55	two years.
56	56	(d) The person who appointed a member of the commission
57	57	whose position becomes vacant shall appoint a person to serve the
58	58	unexpired part of the member's term.
59	59	(e) To be eligible for appointment to the commission, a
60	60	person must:
61	61	(1) be at least 25 years old; and
62	62	(2) have resided in the county for the three years
63	63	immediately preceding the date on which the person's term will
64	64	begin.
65	65	Sec. 158.106. POWERS OF COMMISSION. (a) The commission
66	66	shall adopt, publish, and enforce rules regarding:
67	67	(1) selection and classification of employees;
68	68	(2) competitive examinations;
69	69	(3) promotions, seniority, and tenure;
70	70	(4) layoffs and dismissals;
71	71	(5) disciplinary actions;
72	72	(6) grievance procedures;
73	73	(7) the rights of employees during an internal
74	74	investigation; and
75	75	(8) other matters relating to the selection of
76	76	employees and the procedural and substantive rights, advancement,
77	77	benefits, and working conditions of employees.
78	78	(b) The commission may adopt or use as a guide any civil
79	79	service law or rule of the United States, this state, or a political
80	80	subdivision in this state to the extent that the law or rule
81	81	promotes the purposes of this subchapter and is consistent with the
82	82	needs and circumstances of the departments.
83	83	(c) A panel of three commissioners shall preside at the
84	84	hearing and vote on the commission's final decision in any case
85	85	involving termination, demotion, or recovery of back pay. A
86	86	panel's decision is the final decision of the commission for
87	87	purposes of Sections 158.107 and 158.110. The commission shall
88	88	adopt rules prescribing the commission's procedures for assigning
89	89	members to a panel. A panel may not include the member who was
90	90	appointed to the commission by a constable when the hearing
91	91	involves an employee from that constable's department.
92	92	(d) In rendering a final decision regarding a disciplinary
93	93	action by the department, the commission may only sustain,
94	94	overturn, or reduce the disciplinary action. The commission may
95	95	not enhance a disciplinary action by the department.
96	96	Sec. 158.107. PROCEDURES AFTER FELONY INDICTMENT OR
97	97	MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a felony
98	98	or officially charged with the commission of a Class A or B
99	99	misdemeanor, the constable may temporarily suspend the employee
100	100	with or without pay for a period not to exceed 30 days after the date
101	101	of final disposition of the specified felony indictment or
102	102	misdemeanor complaint.
103	103	(b) The constable shall notify the suspended employee in
104	104	writing that the person is being temporarily suspended for a
105	105	specific period, with or without pay, as applicable, and that the
106	106	temporary suspension is not intended to reflect an opinion on the
107	107	merits of the indictment or complaint.
108	108	(c) An employee indicted for a felony or officially charged
109	109	with the commission of a Class A or B misdemeanor who has also been
110	110	charged by the constable with a civil service rule violation
111	111	directly related to the indictment or complaint may delay the civil
112	112	service hearing for not more than 30 days after the date of the
113	113	final disposition of the indictment or complaint.
114	114	(d) If the constable temporarily suspends an employee under
115	115	this section and the employee is not found guilty as charged in the
116	116	indictment or complaint in a court of competent jurisdiction, the
117	117	employee may appeal to the commission for recovery of back pay. The
118	118	commission may:
119	119	(1) award all or part of the back pay; or
120	120	(2) modify or uphold the decision by the constable.
121	121	(e) Acquittal or dismissal of an indictment or a complaint
122	122	does not mean that an employee has not violated a civil service rule
123	123	and does not negate the charges that may have been or may be brought
124	124	against the employee by the constable.
125	125	(f) Conviction of a felony is cause for dismissal, and
126	126	conviction of a Class A or B misdemeanor may be cause for
127	127	disciplinary action or dismissal.
128	128	Sec. 158.108. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER
129	129	OATHS; CRIMINAL OFFENSE. (a) In a proceeding before the commission
130	130	under this subchapter, the chair of the commission shall, on
131	131	request of a person described by Subsection (b):
132	132	(1) administer oaths; and
133	133	(2) issue subpoenas and subpoenas duces tecum for the
134	134	attendance of witnesses and for the production of documentary
135	135	material.
136	136	(b) The affected employee, the county attorney, or a
137	137	designee of the employee or the county attorney may request the
138	138	chair of the commission to subpoena any books, records, documents,
139	139	papers, accounts, or witnesses that the requestor considers
140	140	relevant to the case. The request must be made before the 10th day
141	141	before the date a commission proceeding will be held.
142	142	(c) An oath administered under this section has the same
143	143	force and effect as an oath administered by a magistrate in the
144	144	magistrate's judicial capacity.
145	145	(d) A response to a subpoena duces tecum under this section
146	146	is considered to have been made under oath.
147	147	(e) A person who is subpoenaed commits an offense if the
148	148	person fails to appear as required by the subpoena. An offense
149	149	under this section is a misdemeanor punishable by a fine up to
150	150	$1,000, confinement in the county jail for not more than 30 days, or
151	151	both the fine and confinement.
152	152	Sec. 158.109. COMPENSATION AND STAFF. The members of the
153	153	commission serve without compensation, but the commissioners court
154	154	shall reimburse each member for actual and necessary expenses
155	155	incurred in performing the member's duties. The commissioners
156	156	court shall provide the commission with adequate office space and
157	157	sufficient funds to employ an adequate staff and to purchase
158	158	necessary supplies and equipment.
159	159	Sec. 158.110. APPEALS. (a) An employee who, on a final
160	160	decision by the commission, is demoted, suspended, or removed from
161	161	a position may appeal the decision by filing a petition in a
162	162	district court in the county within 30 days after the date of the
163	163	decision.
164	164	(b) An appeal under this section is under the substantial
165	165	evidence rule, and the judgment of the district court is appealable
166	166	as in other civil cases.
167	167	(c) If the district court renders judgment for the
168	168	petitioner, the court may order reinstatement of the employee,
169	169	payment of back pay, or other appropriate relief.
170	170	Sec. 158.111. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. (a)
171	171	The same standards described by Section 158.0121 apply to an appeal
172	172	under Section 158.110.
173	173	(b) The procedures for review under Section 158.110 are the
174	174	same as provided by Section 158.0122.
175	175	(c) The commission may require a party who appeals a
176	176	decision under Section 158.110 to pay the cost of preparing the
177	177	commission record in the same manner provided by Section 158.0123.
178	178	Sec. 158.112. EXEMPTIONS. (a) A person who is an employee
179	179	on the date that a civil service system is adopted under this
180	180	subchapter may not be required to take a competitive examination or
181	181	perform any other act under this subchapter to maintain the
182	182	person's employment.
183	183	(b) Each constable of a county may designate as exempt from
184	184	the civil service system:
185	185	(1) the position of chief deputy;
186	186	(2) four positions in the rank immediately under the
187	187	rank of chief deputy;
188	188	(3) one or more positions in the office of
189	189	departmental legal counsel; and
190	190	(4) additional positions in the department, except
191	191	that the constable may not designate as exempt a total of more than
192	192	10 positions.
193	193	(c) At the time a new constable takes office, an employee
194	194	holding an exempt position may be transferred to the nonexempt
195	195	position held by the employee immediately before being promoted to
196	196	an exempt position. A person who was not an officer in the
197	197	department when appointed to an exempt position may be transferred
198	198	only to an entry level position in accordance with the system's
199	199	civil service rules.
200	200	Sec. 158.113. SYSTEM DISSOLUTION BY DEPARTMENT ELECTION.
201	201	(a) If, after a civil service system under this subchapter has been
202	202	in effect in a county for at least one year, at least 20 percent of
203	203	the employees in the county petition the county judge to dissolve
204	204	the system, the judge shall order an election on the question of the
205	205	dissolution of the civil service system.
206	206	(b) The county judge shall hold the election after the 15th
207	207	day but on or before the 45th day after the date the petition is
208	208	submitted. The election must be by secret ballot, and each employee
209	209	is entitled to vote at the election.
210	210	(c) The ballots for the election shall be printed to provide
211	211	for voting for or against the proposition: "Dissolution of the
212	212	civil service system for all constable's department employees in
213	213	the county."
214	214	(d) The county judge shall canvass the votes and declare the
215	215	result.
216	216	(e) If the proposition is approved by a majority of the
217	217	employees voting at the election, the county judge shall declare
218	218	the civil service system dissolved.
219	219	Sec. 158.114. SYSTEM DISSOLUTION BY COUNTY ELECTION. (a)
220	220	After a civil service system under this subchapter has been in
221	221	effect in a county for at least one year, a person may file a
222	222	petition signed by at least 10 percent of the registered voters of
223	223	the county with the county judge for a countywide election on the
224	224	dissolution of the civil service system.
225	225	(b) On receipt of a petition described by Subsection (a),
226	226	the county judge shall order an election in the county on the
227	227	question of the dissolution of the civil service system to be held
228	228	in the county:
229	229	(1) on the next uniform election date that allows
230	230	sufficient time to comply with applicable provisions of law; or
231	231	(2) at a special election called for that purpose.
232	232	(c) The ballots for the election described by Subsection (b)
233	233	shall be printed to provide for voting for or against the
234	234	proposition: "Dissolution of the civil service system for all
235	235	constable's department employees in the county."
236	236	(d) If a majority of the voters voting at the election
237	237	described by Subsection (b) approve the dissolution, the county
238	238	judge shall declare the civil service system dissolved.
239	239	Sec. 158.115. EXCLUSIVITY. A civil service system created
240	240	under this subchapter and in effect applies to employees and
241	241	departments to the exclusion of a civil service system created
242	242	under Subchapter A or another law in that county.
243	243	SECTION 2. This Act takes effect immediately if it receives
244	244	a vote of two-thirds of all the members elected to each house, as
245	245	provided by Section 39, Article III, Texas Constitution. If this
246	246	Act does not receive the vote necessary for immediate effect, this
247	247	Act takes effect September 1, 2025.