Texas 2025 - 89th Regular

Texas Senate Bill SB2482 Compare Versions

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

Old	New	Differences
1	1	89R12480 DNC-F
2	2	By: Alvarado S.B. No. 2482
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to sheriff's department civil service systems in certain
10	10	counties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 158.034(a) and (e), Local Government
13	13	Code, are amended to read as follows:
14	14	(a) In a county with a population of less than 2.8 million,
15	15	if a majority of the employees voting at the election approve the
16	16	creation of a sheriff's department civil service system, the
17	17	sheriff, commissioners court, and district attorney shall each
18	18	appoint one person to serve as a member of the civil service
19	19	commission that administers the system. In a county with a
20	20	population of at least 2.8 million and less than 3.3 million [or
21	21	more], if a majority of the employees voting at the election approve
22	22	the creation of a sheriff's department civil service system, the
23	23	sheriff, commissioners court, and district attorney shall each
24	24	appoint two persons to serve as members of the civil service
25	25	commission that administers the system, and the three appointing
26	26	authorities shall appoint one member by joint action requiring the
27	27	affirmative vote of each of the authorities. In a county with a
28	28	population of 3.3 million or more, if a majority of the employees
29	29	voting at the election approve the creation of a sheriff's
30	30	department civil service system, the sheriff, commissioners court,
31	31	and district attorney shall each appoint three persons to serve as
32	32	members of the civil service commission that administers the
33	33	system, and the three appointing authorities shall appoint two
34	34	members by joint action requiring the affirmative vote of each of
35	35	the authorities.
36	36	(e) To be eligible for appointment to the commission, a
37	37	person must:
38	38	(1) be at least 25 years old; [and]
39	39	(2) have resided in the county for the three years
40	40	immediately preceding the date on which the person's term will
41	41	begin; and
42	42	(3) not have been finally convicted of a felony.
43	43	SECTION 2. Section 158.035, Local Government Code, is
44	44	amended by amending Subsection (a) and adding Subsection (c-1) to
45	45	read as follows:
46	46	(a) The commission shall:
47	47	(1) adopt, publish, and enforce rules regarding:
48	48	(A) [(1)] selection and classification of
49	49	employees;
50	50	(B) [(2)] competitive examinations;
51	51	(C) [(3)] promotions, seniority, and tenure;
52	52	(D) [(4)] layoffs and dismissals;
53	53	(E) [(5)] disciplinary actions;
54	54	(F) [(6)] grievance procedures;
55	55	(G) [(7)] the rights of employees during an
56	56	internal investigation; and
57	57	(H) [(8)] other matters relating to the selection
58	58	of employees and the procedural and substantive rights,
59	59	advancement, benefits, and working conditions of employees; and
60	60	(2) hold hearings regarding matters described by
61	61	Subdivision (1).
62	62	(c-1) This subsection applies only to a county with a
63	63	population of 3.3 million or more. A majority of the commission
64	64	shall constitute a quorum for the adoption or amendment of rules
65	65	under this chapter. A panel of three commissioners may hear and
66	66	decide any case arising under rules adopted under this chapter. The
67	67	commission shall adopt rules prescribing procedures for assigning
68	68	members to a panel.
69	69	SECTION 3. Subchapter B, Chapter 158, Local Government
70	70	Code, is amended by adding Section 158.0356 to read as follows:
71	71	Sec. 158.0356. THIRD-PARTY HEARING EXAMINERS IN CERTAIN
72	72	COUNTIES. (a) This section applies only to a county with a
73	73	population of 3.3 million or more.
74	74	(b) The written notice of termination issued to an employee
75	75	must state that the employee may elect to appeal the termination to
76	76	an independent third-party hearing examiner instead of to the
77	77	commission. The notice must also state that if the employee elects
78	78	to appeal to a hearing examiner, the employee waives all rights to
79	79	appeal to a district court except as provided by Subsection (k).
80	80	(c) To appeal to a hearing examiner under Subsection (b),
81	81	the appealing employee must submit to the commission a written
82	82	request as part of an original notice of appeal stating the
83	83	employee's election to appeal to a hearing examiner.
84	84	(d) The hearing examiner's decision is final and binding on
85	85	all parties. If the employee elects to appeal to a hearing
86	86	examiner, the employee waives all rights to appeal to a district
87	87	court except as provided by Subsection (k).
88	88	(e) In an appeal to a hearing examiner, the parties shall
89	89	first attempt to agree on the selection of an impartial hearing
90	90	examiner. If the parties do not agree on the selection of a hearing
91	91	examiner on or within 10 days after the date the appeal is filed,
92	92	the commission shall immediately request a list of seven qualified
93	93	neutral arbitrators from the American Arbitration Association or
94	94	the Federal Mediation and Conciliation Service, or their successors
95	95	in function. The parties may agree on one of the seven neutral
96	96	arbitrators on the list. If the parties do not agree within five
97	97	working days after the date they received the list, each party or
98	98	the party's designee shall alternate striking a name from the list
99	99	and the name remaining is the hearing examiner. The parties or
100	100	their designees shall agree on a date for the hearing.
101	101	(f) The hearing must begin as soon as the hearing examiner
102	102	can be scheduled. If the hearing examiner cannot begin the hearing
103	103	within 45 calendar days after the date of selection of the hearing
104	104	examiner, the employee may, within two days after learning of that
105	105	fact, require the selection of a new hearing examiner using the
106	106	procedure prescribed by Subsection (e).
107	107	(g) In each hearing conducted under this section, the
108	108	hearing examiner has the same duties and powers as the commission,
109	109	including the power to issue subpoenas.
110	110	(h) In a hearing conducted under this section, the parties
111	111	may agree to an expedited hearing procedure. Unless otherwise
112	112	agreed by the parties, in an expedited procedure the hearing
113	113	examiner shall render a decision on the appeal within 10 days after
114	114	the date the hearing ended.
115	115	(i) In an appeal that does not involve an expedited hearing
116	116	procedure, the hearing examiner shall make a reasonable effort to
117	117	render a decision on the appeal within 30 days after the date the
118	118	hearing ends or the briefs are filed. The hearing examiner's
119	119	inability to meet the time requirements imposed by this section
120	120	does not affect the hearing examiner's jurisdiction, the validity
121	121	of the termination, or the hearing examiner's final decision. The
122	122	hearing examiner may uphold or overturn the termination or reduce
123	123	the discipline imposed on the employee.
124	124	(j) The hearing examiner's fees and expenses are shared
125	125	equally by the appealing employee and by the department. The costs
126	126	of a witness are paid by the party who calls the witness.
127	127	(k) A district court may hear an appeal of a hearing
128	128	examiner's award only on the grounds that the hearing examiner was
129	129	without jurisdiction or exceeded the hearing examiner's
130	130	jurisdiction or that the order was procured by fraud, collusion, or
131	131	other unlawful means or the decision was arbitrary or capricious.
132	132	An appeal under this subsection is under the substantial evidence
133	133	rule, and the judgment of the district court is appealable as in
134	134	other civil cases. An appeal must:
135	135	(1) be brought in the district court having
136	136	jurisdiction in the county in which the department is located;
137	137	(2) be filed with the district court with proper
138	138	jurisdiction not later than the 45th day after the date the hearing
139	139	examiner issued a final decision; and
140	140	(3) clearly state the basis for the appeal.
141	141	(l) The hearing examiner may not require evidence of lost
142	142	compensation to award the employee compensation. If the termination
143	143	is overturned by the hearing examiner or the district court, the
144	144	employee is entitled to:
145	145	(1) full compensation for the actual time lost as a
146	146	result of the termination at the rate of pay provided for the
147	147	position or class of service the employee held before the
148	148	termination; and
149	149	(2) restoration of or credit for any benefits lost as a
150	150	result of the termination, including sick leave, vacation leave,
151	151	and service credit in a retirement system.
152	152	(m) If a law requires a retirement system to make
153	153	appropriate adjustments to a person's service credit or benefits
154	154	with that system based on a judgment or order issued by the
155	155	commission or a settlement agreement executed in connection with a
156	156	complaint or grievance filed with the commission, such as Section
157	157	842.113, Government Code, that law applies to the final decision of
158	158	a hearing examiner issued under this section or a settlement
159	159	agreement executed in connection with an appeal filed with the
160	160	hearing examiner in the same manner as that law applies to a
161	161	judgment, order, or settlement agreement described by this
162	162	subsection with respect to the commission.
163	163	(n) If an employee is entitled to restored benefits under
164	164	Subsection (l), standard payroll deductions for retirement and
165	165	other benefits must be made from the compensation paid and the
166	166	county shall make any standard corresponding contributions to the
167	167	retirement system or other applicable benefit systems.
168	168	SECTION 4. Section 158.038(c), Local Government Code, is
169	169	amended to read as follows:
170	170	(c) The sheriff of a county with a population of more than
171	171	3.3 million may designate as exempt from the civil service system:
172	172	(1) the position of chief deputy;
173	173	(2) one or more positions in the office of
174	174	departmental legal counsel; and
175	175	(3) additional positions in the department, not to
176	176	exceed 32 [25] in number, that have been determined by the civil
177	177	service commission to be administrative or supervisory positions;
178	178	provided, however, that the sheriff may not designate as exempt any
179	179	position in the deputy classifications of captain or below. The
180	180	designation of any such additional exempt position by the sheriff
181	181	shall not diminish the number of positions within the deputy
182	182	classifications of captain or below.
183	183	SECTION 5. Subchapter B, Chapter 158, Local Government
184	184	Code, is amended by adding Section 158.043 to read as follows:
185	185	Sec. 158.043. INVESTIGATION OF EMPLOYEES. (a) This
186	186	section applies only to a county with a population of 3.3 million or
187	187	more.
188	188	(b) In this section:
189	189	(1) "Complainant" means a person claiming to be the
190	190	victim of misconduct by an employee.
191	191	(2) "Investigation" means an administrative
192	192	investigation, conducted by the department, of alleged misconduct
193	193	by an employee that could result in punitive action against that
194	194	employee.
195	195	(3) "Investigator" means an employee of the department
196	196	who is assigned to conduct an investigation.
197	197	(4) "Normally assigned working hours" includes those
198	198	hours during which an employee is actually at work or at the
199	199	employee's assigned place of work, but does not include any time
200	200	when the employee is off duty on authorized leave, including sick
201	201	leave.
202	202	(5) "Punitive action" means a disciplinary
203	203	suspension, termination, demotion in rank, reprimand, or any
204	204	combination of those actions.
205	205	(c) An investigator may interrogate an employee who is the
206	206	subject of an investigation only during the employee's normally
207	207	assigned working hours unless:
208	208	(1) the seriousness of the investigation, as
209	209	determined by the sheriff or the sheriff's designee, requires
210	210	interrogation at another time; and
211	211	(2) the employee is compensated for the interrogation
212	212	time on an overtime basis.
213	213	(d) The sheriff may not consider work time missed from
214	214	regular duties by an employee due to participation in the conduct of
215	215	an investigation in determining whether to impose a punitive action
216	216	or in determining the severity of a punitive action.
217	217	(e) An investigator may not interrogate an employee who is
218	218	the subject of an investigation or conduct any part of the
219	219	investigation at that employee's home without that employee's
220	220	permission.
221	221	(f) A person may not be assigned to conduct an investigation
222	222	if the person is the complainant, the ultimate decision maker
223	223	regarding disciplinary action, or a person who has any personal
224	224	involvement regarding the alleged misconduct. An employee who is
225	225	the subject of an investigation has the right to inquire and, on
226	226	inquiry, to be informed of the identities of each investigator
227	227	participating in an interrogation of the employee.
228	228	(g) Not later than the 30th day after the date a complaint is
229	229	received by an investigator, the investigator must inform the
230	230	employee in writing of the nature of the investigation and the name
231	231	of each person who complained about the employee, if known,
232	232	concerning the matters under investigation unless:
233	233	(1) a criminal investigation has been initiated as a
234	234	result of the complaint; or
235	235	(2) the disclosure of information concerning the name
236	236	of the complainant or the matters under investigation would hinder
237	237	a criminal investigation.
238	238	(h) An investigator may not conduct an interrogation of an
239	239	employee based on a complaint by a complainant who is not a peace
240	240	officer unless the complainant verifies the complaint in writing
241	241	before a public officer who is authorized by law to take statements
242	242	under oath. In an investigation authorized under this subsection,
243	243	an investigator may interrogate an employee about events or conduct
244	244	reported by a witness who is not a complainant without disclosing
245	245	the name of the witness. Not later than the 48th hour before the
246	246	hour on which an investigator begins to interrogate an employee
247	247	regarding an allegation based on a complaint, affidavit, or
248	248	statement, the investigator shall give the employee a copy of the
249	249	affidavit, complaint, or statement, any witness statements, and any
250	250	other evidence against the employee. An interrogation may be based
251	251	on a complaint from an anonymous complainant if the departmental
252	252	employee receiving the anonymous complaint certifies in writing,
253	253	under oath, that the complaint was anonymous. This subsection does
254	254	not apply to an on-the-scene investigation that occurs immediately
255	255	after an incident being investigated if the limitations of this
256	256	subsection would unreasonably hinder the essential purpose of the
257	257	investigation or interrogation. If the limitation would hinder the
258	258	investigation or interrogation, the employee under investigation
259	259	must be furnished, as soon as practicable, a written statement of
260	260	the nature of the investigation, the name of each complaining
261	261	party, and the complaint, affidavit, or statement.
262	262	(i) An interrogation session of an employee who is the
263	263	subject of an investigation may not be unreasonably long. In
264	264	determining reasonableness, the gravity and complexity of the
265	265	investigation must be considered. The investigators shall allow
266	266	reasonable interruptions to permit the employee to attend to
267	267	personal physical necessities.
268	268	(j) An investigator may not threaten an employee who is the
269	269	subject of an investigation with punitive action during an
270	270	interrogation. However, an investigator may inform an employee
271	271	that failure to truthfully answer reasonable questions directly
272	272	related to the investigation or to fully cooperate in the conduct of
273	273	the investigation may result in punitive action.
274	274	(k) If prior notification of intent to record an
275	275	interrogation is given to the other party, either the investigator
276	276	or the employee who is the subject of an interrogation may record
277	277	the interrogation.
278	278	(l) If an investigation does not result in punitive action
279	279	against an employee but does result in a reprimand recorded in
280	280	writing or an adverse finding or determination regarding that
281	281	employee, the reprimand, finding, or determination may not be
282	282	placed in that employee's personnel file unless the employee is
283	283	first given an opportunity to read and sign the document. If the
284	284	employee refuses to sign the reprimand, finding, or determination,
285	285	it may be placed in the personnel file with a notation that the
286	286	employee refused to sign it. An employee may respond in writing to
287	287	a reprimand, finding, or determination that is placed in the
288	288	employee's personnel file under this subsection by submitting a
289	289	written response to the commission within 10 days after the date the
290	290	employee is asked to sign the document. The response must be placed
291	291	in the personnel file. An employee who receives a punitive action
292	292	and who elects not to appeal the action may file a written response
293	293	as prescribed by this subsection within 10 days after the date the
294	294	employee is given written notice of the punitive action from the
295	295	department.
296	296	(m) If the department or any investigator violates any of
297	297	the provisions of this section while conducting an investigation,
298	298	the commission shall reverse any punitive action taken pursuant to
299	299	the investigation, including a reprimand or disciplinary action,
300	300	and any information obtained during the investigation shall be
301	301	specifically excluded from introduction into evidence in any
302	302	proceeding against the employee.
303	303	SECTION 6. This Act takes effect September 1, 2025.