Bill Text: TX HB2071 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to an appeal by a deputy sheriff under county civil service to an independent third-party hearing examiner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-14 - Left pending in committee [HB2071 Detail]
Download: Texas-2011-HB2071-Introduced.html
82R10465 TJB-F | ||
By: Martinez | H.B. No. 2071 |
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relating to an appeal by a deputy sheriff under county civil service | ||
to an independent third-party hearing examiner. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 158, Local Government | ||
Code, is amended by adding Section 158.0125 to read as follows: | ||
Sec. 158.0125. APPEAL TO HEARING EXAMINER BY DEPUTY | ||
SHERIFF. (a) In addition to other notice requirements under this | ||
subchapter, a written notice for a demotion or disciplinary action | ||
issued to a deputy sheriff must state that in an appeal of a | ||
termination or indefinite suspension, a suspension of not less than | ||
three days, or a recommended demotion, a deputy may appeal to an | ||
independent third-party hearing examiner instead of to the | ||
commission. The letter must state that if a deputy appeals to a | ||
hearing examiner, the deputy waives the right to appeal to district | ||
court except as provided by Subsection (j). Failure to provide | ||
notice under this subsection does not affect a deputy's right to | ||
appeal to an independent third-party hearing examiner under this | ||
section. | ||
(b) To appeal to a hearing examiner, a deputy sheriff must | ||
submit to the commission a written request as part of any original | ||
notice of appeal required under this subchapter stating the | ||
deputy's decision to appeal to an independent third-party hearing | ||
examiner. | ||
(c) A hearing examiner's decision is final and binding on | ||
all parties. If a deputy sheriff decides to appeal to an | ||
independent third-party hearing examiner, the deputy waives the | ||
right to appeal to district court except as provided by Subsection | ||
(j). | ||
(d) If a deputy sheriff appeals to a hearing examiner, the | ||
deputy and the sheriff, or their designees, shall attempt to agree | ||
on the selection of an impartial hearing examiner. If the deputy | ||
and the sheriff do not agree on the selection of a hearing examiner | ||
within 10 days after the date the appeal is filed, the commission | ||
shall request a list of seven qualified arbitrators from the | ||
American Arbitration Association or the Federal Mediation and | ||
Conciliation Service, or their successors in function. The deputy | ||
and the sheriff, or their designees, may agree on one of the seven | ||
arbitrators on the list. If the deputy and the sheriff do not agree | ||
within five business days after the date the list is received, the | ||
deputy and the sheriff, or their designees, shall alternate | ||
striking a name from the list and the name remaining is the hearing | ||
examiner. The deputy and the sheriff, or their designees, must | ||
agree on a date for the hearing. | ||
(e) An appeal hearing shall begin as soon as a hearing | ||
examiner can be scheduled. If a hearing examiner cannot begin the | ||
hearing within 45 days after the date of selection, the deputy | ||
sheriff may, within two days after learning of that fact, call for | ||
the selection of a new hearing examiner using the procedure under | ||
Subsection (d). | ||
(f) In a hearing conducted under this section, the hearing | ||
examiner has the same powers and duties as the commission, | ||
including any right to issue subpoenas. | ||
(g) In a hearing conducted under this section, the deputy | ||
and the sheriff may agree to an expedited hearing procedure. Unless | ||
otherwise agreed to by the deputy and the sheriff, in an expedited | ||
procedure a hearing examiner shall render a decision on the appeal | ||
within 10 days after the date the hearing ends. | ||
(h) In an appeal that does not involve an expedited hearing | ||
procedure, a 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. A 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 disciplinary action, or the hearing examiner's final | ||
decision. | ||
(i) A party who loses an appeal is liable for the hearing | ||
examiner's fees and expenses. The costs of a witness are paid by | ||
the party who calls the witness. | ||
(j) 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. An appeal must be brought in the district | ||
court having jurisdiction in the county in which the department is | ||
located. | ||
SECTION 2. Subchapter B, Chapter 158, Local Government | ||
Code, is amended by adding Section 158.0375 to read as follows: | ||
Sec. 158.0375. APPEAL TO HEARING EXAMINER BY DEPUTY | ||
SHERIFF. (a) In addition to other notice requirements under this | ||
subchapter, a written notice for a demotion or disciplinary action | ||
issued to a deputy sheriff must state that in an appeal of a | ||
termination or indefinite suspension, a suspension of not less than | ||
three days, or a recommended demotion, a deputy may appeal to an | ||
independent third-party hearing examiner instead of to the | ||
commission. The letter must state that if a deputy appeals to a | ||
hearing examiner, the deputy waives the right to appeal to district | ||
court except as provided by Subsection (j). Failure to provide | ||
notice under this subsection does not affect a deputy's right to | ||
appeal to an independent third-party hearing examiner under this | ||
section. | ||
(b) To appeal to a hearing examiner, a deputy sheriff must | ||
submit to the commission a written request as part of any original | ||
notice of appeal required under this subchapter stating the | ||
deputy's decision to appeal to an independent third-party hearing | ||
examiner. | ||
(c) A hearing examiner's decision is final and binding on | ||
all parties. If a deputy sheriff decides to appeal to an | ||
independent third-party hearing examiner, the deputy waives the | ||
right to appeal to district court except as provided by Subsection | ||
(j). | ||
(d) If a deputy sheriff appeals to a hearing examiner, the | ||
deputy and the sheriff, or their designees, shall attempt to agree | ||
on the selection of an impartial hearing examiner. If the deputy | ||
and the sheriff do not agree on the selection of a hearing examiner | ||
within 10 days after the date the appeal is filed, the commission | ||
shall request a list of seven qualified arbitrators from the | ||
American Arbitration Association or the Federal Mediation and | ||
Conciliation Service, or their successors in function. The deputy | ||
and the sheriff, or their designees, may agree on one of the seven | ||
arbitrators on the list. If the deputy and the sheriff do not agree | ||
within five business days after the date the list is received, the | ||
deputy and the sheriff, or their designees, shall alternate | ||
striking a name from the list and the name remaining is the hearing | ||
examiner. The deputy and the sheriff, or their designees, must | ||
agree on a date for the hearing. | ||
(e) An appeal hearing shall begin as soon as a hearing | ||
examiner can be scheduled. If a hearing examiner cannot begin the | ||
hearing within 45 days after the date of selection, the deputy | ||
sheriff may, within two days after learning of that fact, call for | ||
the selection of a new hearing examiner using the procedure under | ||
Subsection (d). | ||
(f) In a hearing conducted under this section, the hearing | ||
examiner has the same powers and duties as the commission, | ||
including any right to issue subpoenas. | ||
(g) In a hearing conducted under this section, the deputy | ||
and the sheriff may agree to an expedited hearing procedure. Unless | ||
otherwise agreed to by the deputy and the sheriff, in an expedited | ||
procedure a hearing examiner shall render a decision on the appeal | ||
within 10 days after the date the hearing ends. | ||
(h) In an appeal that does not involve an expedited hearing | ||
procedure, a 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. A 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 disciplinary action, or the hearing examiner's final | ||
decision. | ||
(i) A party who loses an appeal is liable for the hearing | ||
examiner's fees and expenses. The costs of a witness are paid by | ||
the party who calls the witness. | ||
(j) 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. An appeal must be brought in the district | ||
court having jurisdiction in the county in which the department is | ||
located. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an appeal to an independent third-party hearing examiner under | ||
Chapter 158, Local Government Code, as amended by this Act, | ||
following notice of demotion or disciplinary action given on or | ||
after the effective date of this Act. An appeal following notice | ||
given before the effective date of this Act is governed by the law | ||
in effect on the date the notice was given, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |