Bill Text: TX HB993 | 2023-2024 | 88th Legislature | Engrossed


Bill Title: Relating to sheriff's department civil service systems in certain counties.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-15 - Referred to Local Government [HB993 Detail]

Download: Texas-2023-HB993-Engrossed.html
 
 
  By: Muñoz, Jr., Frazier H.B. No. 993
 
 
 
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.  Sec. 158.012, Local Government Code, is amended
  by amending Subsection (a) to read as follows:
         APPEALS. (a) A county employee who, on a final decision by
  the commission, is demoted, suspended, or removed from the
  employee's position may appeal the decision by filing a petition in
  a district court in the county within 30 days after the date of the
  decision.  unless the employee chooses to appeal to a third-party
  hearing examiner.
         (b)  An appeal under this section is under the substantial
  evidence rule, and the judgment of the district court is appealable
  as in other civil cases.
         (c)  If the district court renders judgment for the
  petitioner, the court may order reinstatement of the employee,
  payment of back pay, or other appropriate relief.
         SECTION 2: Chapter 158, Local Government Code is amended by
  adding Section 158.013 to read as follows:
         Sec. 158.013.  HEARING EXAMINERS. (a) A written notice for
  a promotional bypass, demotion, or notice of disciplinary action,
  as applicable, issued to an employee must state that in an appeal of
  a termination, a suspension, a promotional bypass, or a recommended
  demotion, the appealing employee may elect to appeal to an
  independent third-party hearing examiner instead of to the
  commission. The letter 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 (j).
         (b)  To exercise the choice of appealing to a hearing
  examiner, the appealing employee must submit to the commission a
  written request as part of the original notice of appeal required
  under this subchapter stating the employee's decision to appeal to
  an independent third-party hearing examiner.
         (c)  The hearing examiner's decision is final and binding on
  all parties. If the employee decides to appeal to an independent
  third-party hearing examiner, the employee waives all rights to
  appeal to a district court except as provided by Subsection (j).
         (d)  If the employee chooses to appeal to a hearing examiner,
  the employee and the sheriff, or their designees, 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 employee and the sheriff, or their designees, may
  agree on one of the seven neutral arbitrators on the list. If they
  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.
         (e)  The appeal hearing shall 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, the
  employee may, within two days after learning of that fact, call for
  the selection of a new hearing examiner using the procedure
  prescribed by Subsection (d).
         (f)  In each hearing conducted under this section, the
  hearing examiner has the same duties and powers as the commission,
  including the right to issue subpoenas.
         (g)  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.
         (h)  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 disciplinary action, or the hearing examiner's final
  decision.
         (i)  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.
         (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 or the ruling was arbitrary or capricious. An
  appeal must be brought in the district court having jurisdiction in
  the county in which the department is located. 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 to district court must:
         Be filed with the district court with proper jurisdiction
  within 45 days after the hearing examiner issued their final
  ruling; and
         State clearly the basis for the appeal.
         (k)  The hearing examiner may uphold, reduce, or overturn the
  discipline imposed on the employee.
         (l)  No evidence of lost compensation shall be required by
  the hearing examiner to award the employee compensation. If the
  suspension, termination, or demotion is overturned or reduced, the
  employee is entitled to:
               (1)  full compensation for the actual time lost as a
  result of the suspension at the rate of pay provided for the
  position or class of service from which the employee was suspended
  or terminated; restoration of or credit for any other benefits lost
  as a result of the suspension, including sick leave, vacation
  leave, and service credit in a retirement system. Standard payroll
  deductions, if any, for retirement and other benefits restored
  shall be made from the compensation paid, and the county shall make
  its standard corresponding contributions, if any, to the retirement
  system or other applicable benefit systems; and
               (2)  In the case of an overturning of a demotion, the
  employee is entitled to the difference in compensation between the
  position they were demoted from and the position they held between
  the demotion and the ruling of the hearing examiners.
         (m)  If an employee is owed a monetary award for backpay
  after the final decision of the hearing examiner is rendered, the
  county's obligations are the same as those provided by Section
  158.0372.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
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