89R12480 DNC-F
By: Alvarado S.B. No. 2482
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. Sections 158.034(a) and (e), Local Government
Code, are amended to read as follows:
(a) In a county with a population of less than 2.8 million,
if a majority of the employees voting at the election approve the
creation of a sheriff's department civil service system, the
sheriff, commissioners court, and district attorney shall each
appoint one person to serve as a member of the civil service
commission that administers the system. In a county with a
population of at least 2.8 million and less than 3.3 million [or
more], if a majority of the employees voting at the election approve
the creation of a sheriff's department civil service system, the
sheriff, commissioners court, and district attorney shall each
appoint two persons to serve as members of the civil service
commission that administers the system, and the three appointing
authorities shall appoint one member by joint action requiring the
affirmative vote of each of the authorities. In a county with a
population of 3.3 million or more, if a majority of the employees
voting at the election approve the creation of a sheriff's
department civil service system, the sheriff, commissioners court,
and district attorney shall each appoint three persons to serve as
members of the civil service commission that administers the
system, and the three appointing authorities shall appoint two
members by joint action requiring the affirmative vote of each of
the authorities.
(e) To be eligible for appointment to the commission, a
person must:
(1) be at least 25 years old; [and]
(2) have resided in the county for the three years
immediately preceding the date on which the person's term will
begin; and
(3) not have been finally convicted of a felony.
SECTION 2. Section 158.035, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (c-1) to
read as follows:
(a) The commission shall:
(1) adopt, publish, and enforce rules regarding:
(A) [(1)] selection and classification of
employees;
(B) [(2)] competitive examinations;
(C) [(3)] promotions, seniority, and tenure;
(D) [(4)] layoffs and dismissals;
(E) [(5)] disciplinary actions;
(F) [(6)] grievance procedures;
(G) [(7)] the rights of employees during an
internal investigation; and
(H) [(8)] other matters relating to the selection
of employees and the procedural and substantive rights,
advancement, benefits, and working conditions of employees; and
(2) hold hearings regarding matters described by
Subdivision (1).
(c-1) This subsection applies only to a county with a
population of 3.3 million or more. A majority of the commission
shall constitute a quorum for the adoption or amendment of rules
under this chapter. A panel of three commissioners may hear and
decide any case arising under rules adopted under this chapter. The
commission shall adopt rules prescribing procedures for assigning
members to a panel.
SECTION 3. Subchapter B, Chapter 158, Local Government
Code, is amended by adding Section 158.0356 to read as follows:
Sec. 158.0356. THIRD-PARTY HEARING EXAMINERS IN CERTAIN
COUNTIES. (a) This section applies only to a county with a
population of 3.3 million or more.
(b) The written notice of termination issued to an employee
must state that the employee may elect to appeal the termination to
an independent third-party hearing examiner instead of to the
commission. The notice must also state that if the employee elects
to appeal to a hearing examiner, the employee waives all rights to
appeal to a district court except as provided by Subsection (k).
(c) To appeal to a hearing examiner under Subsection (b),
the appealing employee must submit to the commission a written
request as part of an original notice of appeal stating the
employee's election to appeal to a hearing examiner.
(d) The hearing examiner's decision is final and binding on
all parties. If the employee elects to appeal to a hearing
examiner, the employee waives all rights to appeal to a district
court except as provided by Subsection (k).
(e) In an appeal to a hearing examiner, the parties shall
first attempt to agree on the selection of an impartial hearing
examiner. If the parties do not agree on the selection of a hearing
examiner on or within 10 days after the date the appeal is filed,
the commission shall immediately request a list of seven qualified
neutral arbitrators from the American Arbitration Association or
the Federal Mediation and Conciliation Service, or their successors
in function. The parties may agree on one of the seven neutral
arbitrators on the list. If the parties do not agree within five
working days after the date they received the list, each party or
the party's designee shall alternate striking a name from the list
and the name remaining is the hearing examiner. The parties or
their designees shall agree on a date for the hearing.
(f) The hearing must begin as soon as the hearing examiner
can be scheduled. If the hearing examiner cannot begin the hearing
within 45 calendar days after the date of selection of the hearing
examiner, the employee may, within two days after learning of that
fact, require the selection of a new hearing examiner using the
procedure prescribed by Subsection (e).
(g) In each hearing conducted under this section, the
hearing examiner has the same duties and powers as the commission,
including the power to issue subpoenas.
(h) In a hearing conducted under this section, the parties
may agree to an expedited hearing procedure. Unless otherwise
agreed by the parties, in an expedited procedure the hearing
examiner shall render a decision on the appeal within 10 days after
the date the hearing ended.
(i) In an appeal that does not involve an expedited hearing
procedure, the hearing examiner shall make a reasonable effort to
render a decision on the appeal within 30 days after the date the
hearing ends or the briefs are filed. The hearing examiner's
inability to meet the time requirements imposed by this section
does not affect the hearing examiner's jurisdiction, the validity
of the termination, or the hearing examiner's final decision. The
hearing examiner may uphold or overturn the termination or reduce
the discipline imposed on the employee.
(j) The hearing examiner's fees and expenses are shared
equally by the appealing employee and by the department. The costs
of a witness are paid by the party who calls the witness.
(k) A district court may hear an appeal of a hearing
examiner's award only on the grounds that the hearing examiner was
without jurisdiction or exceeded the hearing examiner's
jurisdiction or that the order was procured by fraud, collusion, or
other unlawful means or the decision was arbitrary or capricious.
An appeal under this subsection is under the substantial evidence
rule, and the judgment of the district court is appealable as in
other civil cases. An appeal must:
(1) be brought in the district court having
jurisdiction in the county in which the department is located;
(2) be filed with the district court with proper
jurisdiction not later than the 45th day after the date the hearing
examiner issued a final decision; and
(3) clearly state the basis for the appeal.
(l) The hearing examiner may not require evidence of lost
compensation to award the employee compensation. If the termination
is overturned by the hearing examiner or the district court, the
employee is entitled to:
(1) full compensation for the actual time lost as a
result of the termination at the rate of pay provided for the
position or class of service the employee held before the
termination; and
(2) restoration of or credit for any benefits lost as a
result of the termination, including sick leave, vacation leave,
and service credit in a retirement system.
(m) If a law requires a retirement system to make
appropriate adjustments to a person's service credit or benefits
with that system based on a judgment or order issued by the
commission or a settlement agreement executed in connection with a
complaint or grievance filed with the commission, such as Section
842.113, Government Code, that law applies to the final decision of
a hearing examiner issued under this section or a settlement
agreement executed in connection with an appeal filed with the
hearing examiner in the same manner as that law applies to a
judgment, order, or settlement agreement described by this
subsection with respect to the commission.
(n) If an employee is entitled to restored benefits under
Subsection (l), standard payroll deductions for retirement and
other benefits must be made from the compensation paid and the
county shall make any standard corresponding contributions to the
retirement system or other applicable benefit systems.
SECTION 4. Section 158.038(c), Local Government Code, is
amended to read as follows:
(c) The sheriff of a county with a population of more than
3.3 million may designate as exempt from the civil service system:
(1) the position of chief deputy;
(2) one or more positions in the office of
departmental legal counsel; and
(3) additional positions in the department, not to
exceed 32 [25] in number, that have been determined by the civil
service commission to be administrative or supervisory positions;
provided, however, that the sheriff may not designate as exempt any
position in the deputy classifications of captain or below. The
designation of any such additional exempt position by the sheriff
shall not diminish the number of positions within the deputy
classifications of captain or below.
SECTION 5. Subchapter B, Chapter 158, Local Government
Code, is amended by adding Section 158.043 to read as follows:
Sec. 158.043. INVESTIGATION OF EMPLOYEES. (a) This
section applies only to a county with a population of 3.3 million or
more.
(b) In this section:
(1) "Complainant" means a person claiming to be the
victim of misconduct by an employee.
(2) "Investigation" means an administrative
investigation, conducted by the department, of alleged misconduct
by an employee that could result in punitive action against that
employee.
(3) "Investigator" means an employee of the department
who is assigned to conduct an investigation.
(4) "Normally assigned working hours" includes those
hours during which an employee is actually at work or at the
employee's assigned place of work, but does not include any time
when the employee is off duty on authorized leave, including sick
leave.
(5) "Punitive action" means a disciplinary
suspension, termination, demotion in rank, reprimand, or any
combination of those actions.
(c) An investigator may interrogate an employee who is the
subject of an investigation only during the employee's normally
assigned working hours unless:
(1) the seriousness of the investigation, as
determined by the sheriff or the sheriff's designee, requires
interrogation at another time; and
(2) the employee is compensated for the interrogation
time on an overtime basis.
(d) The sheriff may not consider work time missed from
regular duties by an employee due to participation in the conduct of
an investigation in determining whether to impose a punitive action
or in determining the severity of a punitive action.
(e) An investigator may not interrogate an employee who is
the subject of an investigation or conduct any part of the
investigation at that employee's home without that employee's
permission.
(f) A person may not be assigned to conduct an investigation
if the person is the complainant, the ultimate decision maker
regarding disciplinary action, or a person who has any personal
involvement regarding the alleged misconduct. An employee who is
the subject of an investigation has the right to inquire and, on
inquiry, to be informed of the identities of each investigator
participating in an interrogation of the employee.
(g) Not later than the 30th day after the date a complaint is
received by an investigator, the investigator must inform the
employee in writing of the nature of the investigation and the name
of each person who complained about the employee, if known,
concerning the matters under investigation unless:
(1) a criminal investigation has been initiated as a
result of the complaint; or
(2) the disclosure of information concerning the name
of the complainant or the matters under investigation would hinder
a criminal investigation.
(h) An investigator may not conduct an interrogation of an
employee based on a complaint by a complainant who is not a peace
officer unless the complainant verifies the complaint in writing
before a public officer who is authorized by law to take statements
under oath. In an investigation authorized under this subsection,
an investigator may interrogate an employee about events or conduct
reported by a witness who is not a complainant without disclosing
the name of the witness. Not later than the 48th hour before the
hour on which an investigator begins to interrogate an employee
regarding an allegation based on a complaint, affidavit, or
statement, the investigator shall give the employee a copy of the
affidavit, complaint, or statement, any witness statements, and any
other evidence against the employee. An interrogation may be based
on a complaint from an anonymous complainant if the departmental
employee receiving the anonymous complaint certifies in writing,
under oath, that the complaint was anonymous. This subsection does
not apply to an on-the-scene investigation that occurs immediately
after an incident being investigated if the limitations of this
subsection would unreasonably hinder the essential purpose of the
investigation or interrogation. If the limitation would hinder the
investigation or interrogation, the employee under investigation
must be furnished, as soon as practicable, a written statement of
the nature of the investigation, the name of each complaining
party, and the complaint, affidavit, or statement.
(i) An interrogation session of an employee who is the
subject of an investigation may not be unreasonably long. In
determining reasonableness, the gravity and complexity of the
investigation must be considered. The investigators shall allow
reasonable interruptions to permit the employee to attend to
personal physical necessities.
(j) An investigator may not threaten an employee who is the
subject of an investigation with punitive action during an
interrogation. However, an investigator may inform an employee
that failure to truthfully answer reasonable questions directly
related to the investigation or to fully cooperate in the conduct of
the investigation may result in punitive action.
(k) If prior notification of intent to record an
interrogation is given to the other party, either the investigator
or the employee who is the subject of an interrogation may record
the interrogation.
(l) If an investigation does not result in punitive action
against an employee but does result in a reprimand recorded in
writing or an adverse finding or determination regarding that
employee, the reprimand, finding, or determination may not be
placed in that employee's personnel file unless the employee is
first given an opportunity to read and sign the document. If the
employee refuses to sign the reprimand, finding, or determination,
it may be placed in the personnel file with a notation that the
employee refused to sign it. An employee may respond in writing to
a reprimand, finding, or determination that is placed in the
employee's personnel file under this subsection by submitting a
written response to the commission within 10 days after the date the
employee is asked to sign the document. The response must be placed
in the personnel file. An employee who receives a punitive action
and who elects not to appeal the action may file a written response
as prescribed by this subsection within 10 days after the date the
employee is given written notice of the punitive action from the
department.
(m) If the department or any investigator violates any of
the provisions of this section while conducting an investigation,
the commission shall reverse any punitive action taken pursuant to
the investigation, including a reprimand or disciplinary action,
and any information obtained during the investigation shall be
specifically excluded from introduction into evidence in any
proceeding against the employee.
SECTION 6. This Act takes effect September 1, 2025.