sheriffs must put discipline reasons in writing within 120 hours

The text as introduced · 726 words

By: Muñoz
H.B. No. 2174

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. Subchapter B, Chapter 158, Local Government

Code, is amended by adding Sections 158.0352 and 158.0353 to read as

follows:

Sec. 158.0352. DISCIPLINARY SUSPENSION OR TERMINATION. (a)

The sheriff may suspend or terminate an employee for the violation

of a civil service rule. A suspension under this section may be for

a reasonable period not to exceed 15 calendar days.

(b) If the sheriff suspends or terminates an employee, the

sheriff shall, within 120 hours after the hour of suspension or

termination, file a written statement with the commission giving

the reasons for the suspension or termination. The sheriff shall

immediately deliver a copy of the statement in person to the

suspended or terminated employee.

(c) The copy of the written statement must inform the

suspended or terminated employee that if the employee wants to

appeal to the commission, the employee must file a written appeal

with the commission within 10 days after the date the employee

receives the copy of the statement.

(d) The written statement filed by the sheriff with the

commission must identify each civil service rule alleged to have

been violated by the suspended or terminated employee and must

describe the alleged acts of the employee that the sheriff contends

are in violation of the civil service rules. It is not sufficient

for the sheriff merely to refer to the provisions of the rules

alleged to have been violated.

(e) If the sheriff does not specifically identify in the

written statement the act or acts of the suspended or terminated

employee that allegedly violated the civil service rules, the

commission shall promptly reinstate the employee.

(f) If offered by the sheriff, the suspended or terminated

employee may agree in writing to voluntarily accept, with no right

of appeal, a suspension of 16 to 90 calendar days for the violation

of a civil service rule. The employee must accept the offer within

five working days after the date the offer is made. If the employee

refuses the offer and wants to appeal to the commission, the

employee must file a written appeal with the commission in

accordance with Section 158.037.

(g) In the original written statement and charges and in any

hearing conducted under this subchapter, the sheriff may not

complain of an act that occurred earlier than the 180th day

preceding the date the sheriff suspends or terminates the employee.

If the act is allegedly related to criminal activity, including the

violation of a federal, state, or local law for which the employee

is subject to a criminal penalty:

(1) the sheriff may not complain of an act that is

discovered earlier than the 180th day preceding the date the

sheriff suspends or terminates the employee; and

(2) the sheriff must allege that the act complained of

is related to criminal activity.

Sec. 158.0353. DEMOTIONS. (a) The sheriff may recommend to

the commission in writing that the commission demote a nonexempt

employee involuntarily.

(b) The sheriff must include in the recommendation for

demotion the reasons for the recommended demotion and a request

that the commission order the demotion. The sheriff must

immediately furnish a copy of the recommendation in person to the

affected employee.

(c) The commission may refuse to grant the request for

demotion. If the commission believes that probable cause exists for

ordering the demotion, the commission shall give the employee

written notice to appear before the commission for a public hearing

at a time and place specified in the notice. The commission shall

give the notice before the 10th day before the date the hearing will

be held.

(d) The employee is entitled to a full and complete public

hearing, and the commission may not demote an employee without that

public hearing.

(e) A voluntary demotion in which the employee has accepted

the terms of the demotion in writing is not subject to this section.

SECTION 2. 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, 2025.