bill letting deputies appeal discipline to a hearing examiner

The text as introduced · 937 words

89R2272 CS-F

By: Martinez
H.B. No. 2097

A BILL TO BE ENTITLED

AN ACT

relating to deputy sheriff civil service appeals of certain

sheriff's department actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 158, Local Government Code, is amended

by adding Subchapter C to read as follows:

SUBCHAPTER C. DEPUTY SHERIFF APPEAL TO INDEPENDENT HEARING

EXAMINER

Sec. 158.101. DEFINITION. In this subchapter, "commission"

means the civil service commission appointed to administer the

applicable civil service system.

Sec. 158.102. APPLICABILITY OF SUBCHAPTER. This

subchapter applies to a civil service system created under this

chapter that covers deputy sheriffs.

Sec. 158.103. AUTHORITY TO APPEAL TO INDEPENDENT EXAMINER;

REPEAL OF AUTHORITY. (a) If authorized to do so by commissioners

court order, a commission by rule may authorize deputy sheriffs to

appeal under this subchapter to an independent hearing examiner

instead of to the commission the following employment actions:

(1) a demotion or recommended demotion;

(2) a suspension of three days or more; or

(3) a termination.

(b) A commissioners court may repeal the order authorizing

appeals to a hearing examiner under Subsection (a) at any time. If

the commissioners court repeals the order, any pending appeal is

governed by this subchapter until final resolution of the appeal.

Sec. 158.104. REQUIRED NOTICE OF HEARING EXAMINER APPEAL.

A written notice for a demotion or disciplinary action issued to a

deputy sheriff authorized to appeal under this subchapter must

state that in an appeal of a demotion or recommended demotion, a

suspension of three days or more, or a termination, the deputy may

appeal to an independent hearing examiner instead of to the

commission. The notice must state that if the deputy appeals to a

hearing examiner, the deputy waives the right to appeal to district

court except as provided by Section 158.111(c).

Sec. 158.105. REQUEST FOR HEARING EXAMINER APPEAL. To

appeal to a hearing examiner, a deputy sheriff must submit to the

commission and the sheriff a written request as part of any original

notice of appeal required under the commission's rules stating the

deputy's preference to appeal to an independent hearing examiner.

Sec. 158.106. SELECTION OF HEARING EXAMINER. (a) On a

request under Section 158.105, the deputy sheriff and the sheriff,

or their designees, shall attempt to agree on the selection of an

independent hearing examiner.

(b) If the deputy sheriff and the sheriff do not agree on the

selection of a hearing examiner before the 11th day 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.

(c) The deputy sheriff and the sheriff, or their designees,

may agree on one of the seven arbitrators on the list described by

Subsection (b). If the deputy and the sheriff do not agree before

the sixth business day 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.

Sec. 158.107. DATE OF HEARING. (a) The deputy sheriff and

the sheriff, or their designees, must agree on a date for an appeal

hearing conducted under this subchapter.

(b) An appeal hearing must begin as soon as a hearing

examiner can be scheduled. If a hearing examiner cannot begin the

hearing not later than the 45th day after the date of selection, the

deputy sheriff or the sheriff may, before the third day after the

date the deputy or sheriff learns of that fact, call for the

selection of a new hearing examiner using the procedure under

Section 158.106.

Sec. 158.108. POWERS AND DUTIES OF HEARING EXAMINER. In an

appeal hearing conducted under this subchapter, the hearing

examiner has the same powers and duties as the commission,

including any right to issue subpoenas.

Sec. 158.109. DECISION DEADLINE. (a) In an appeal hearing

conducted under this subchapter, the deputy sheriff and the sheriff

may agree to an expedited hearing procedure. Unless otherwise

agreed to by the deputy and the sheriff, a hearing examiner shall

render a decision on the appeal in an expedited procedure not later

than the 10th day after the date the hearing ends.

(b) 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 not later than the 30th day after

the date the hearing ends or the briefs are filed.

(c) A hearing examiner's inability to meet the time

requirements imposed by this subchapter does not affect the hearing

examiner's jurisdiction, the validity of the disciplinary action,

or the hearing examiner's final decision.

Sec. 158.110. COSTS OF HEARING. (a) A party who loses an

appeal is liable for the hearing examiner's fees and expenses.

(b) The costs of a witness are paid by the party who calls

the witness.

Sec. 158.111. APPEAL OF DECISION. (a) A hearing examiner's

decision is final and binding on all parties.

(b) A deputy sheriff who appeals to a hearing examiner

waives the right to appeal to district court except as provided by

Subsection (c).

(c) 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 a district court

having jurisdiction in the county in which the sheriff's department

is located.

SECTION 2. This Act takes effect September 1, 2025.