Bill Text: TX HB1217 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the establishment of a constable's department civil service system in certain counties; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2021-05-14 - Referred to Local Government [HB1217 Detail]

Download: Texas-2021-HB1217-Introduced.html

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87R5172 SGM-F
By: Perez H.B. No. 1217

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a constable's department civil
service system in certain counties; creating a criminal offense.
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. CONSTABLE'S DEPARTMENT CIVIL SERVICE SYSTEM IN
CERTAIN COUNTIES
Sec. 158.101. DEFINITIONS. In this subchapter:
(1) "Commission" means a civil service commission for
all of a county's employees.
(2) "Department" means a constable's department.
(3) "Employee" means a department employee, including
a deputy constable.
Sec. 158.102. ELIGIBLE COUNTIES. A county with a
population of more than 3.3 million may, in accordance with this
subchapter, create a civil service system for all of the county's
employees.
Sec. 158.103. ESTABLISHMENT BY PETITION AND ELECTION. (a)
If at least 20 percent of a county's employees sign a petition
requesting an election under this section and present the petition
to the county judge, the judge shall order an election on the
question of the creation of a civil service system for all employees
in the county.
(b) The county judge shall hold the election after the 15th
day but on or before the 45th day after the date the petition is
submitted. The election must be by secret ballot and each employee
is entitled to vote at the election.
(c) The ballots for the election shall be printed to provide
for voting for or against the proposition: "Creation of a civil
service system for all constable's department employees in the
county."
(d) The county judge shall canvass the votes and declare the
result.
Sec. 158.104. ESTABLISHMENT BY ORDER. In lieu of
establishment under Section 158.103, the commissioners court of a
county may by order create a civil service system for all employees
in the county.
Sec. 158.105. APPOINTMENT OF COMMISSION. (a) If a majority
of the employees voting at the election approve the creation of or
the commissioners court by order creates a civil service system,
each constable, the commissioners court, and the district attorney
shall each appoint one person to serve as a member of the
commission.
(b) The members of the commission shall elect one of the
members as chair of the commission.
(c) Each member of the commission is appointed for a term of
two years.
(d) The person who appointed a member of the commission
whose position becomes vacant shall appoint a person to serve the
unexpired part of the member's term.
(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.
Sec. 158.106. POWERS OF COMMISSION. (a) The commission
shall adopt, publish, and enforce rules regarding:
(1) selection and classification of employees;
(2) competitive examinations;
(3) promotions, seniority, and tenure;
(4) layoffs and dismissals;
(5) disciplinary actions;
(6) grievance procedures;
(7) the rights of employees during an internal
investigation; and
(8) other matters relating to the selection of
employees and the procedural and substantive rights, advancement,
benefits, and working conditions of employees.
(b) The commission may adopt or use as a guide any civil
service law or rule of the United States, this state, or a political
subdivision in this state to the extent that the law or rule
promotes the purposes of this subchapter and is consistent with the
needs and circumstances of the departments.
(c) A panel of three commissioners shall preside at the
hearing and vote on the commission's final decision in any case
involving termination, demotion, or recovery of back pay. A panel's
decision is the final decision of the commission for purposes of
Sections 158.107 and 158.110. The commission shall adopt rules
prescribing the commission's procedures for assigning members to a
panel. A panel may not include the member who was appointed to the
commission by a constable when the hearing involves an employee
from that constable's department.
(d) In rendering a final decision regarding a disciplinary
action by the department, the commission may only sustain,
overturn, or reduce the disciplinary action. The commission may
not enhance a disciplinary action by the department.
Sec. 158.107. PROCEDURES AFTER FELONY INDICTMENT OR
MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a felony
or officially charged with the commission of a Class A or B
misdemeanor, the constable may temporarily suspend the employee
with or without pay for a period not to exceed 30 days after the date
of final disposition of the specified felony indictment or
misdemeanor complaint.
(b) The constable shall notify the suspended employee in
writing that the person is being temporarily suspended for a
specific period, with or without pay, as applicable, and that the
temporary suspension is not intended to reflect an opinion on the
merits of the indictment or complaint.
(c) An employee indicted for a felony or officially charged
with the commission of a Class A or B misdemeanor who has also been
charged by the constable with a civil service rule violation
directly related to the indictment or complaint may delay the civil
service hearing for not more than 30 days after the date of the
final disposition of the indictment or complaint.
(d) If the constable temporarily suspends an employee under
this section and the employee is not found guilty as charged in the
indictment or complaint in a court of competent jurisdiction, the
employee may appeal to the commission for recovery of back pay. The
commission may:
(1) award all or part of the back pay; or
(2) modify or uphold the decision by the constable.
(e) Acquittal or dismissal of an indictment or a complaint
does not mean that an employee has not violated a civil service rule
and does not negate the charges that may have been or may be brought
against the employee by the constable.
(f) Conviction of a felony is cause for dismissal, and
conviction of a Class A or B misdemeanor may be cause for
disciplinary action or dismissal.
Sec. 158.108. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER
OATHS; CRIMINAL OFFENSE. (a) In a proceeding before the commission
under this subchapter, the chair of the commission shall, on
request of a person described by Subsection (b):
(1) administer oaths; and
(2) issue subpoenas and subpoenas duces tecum for the
attendance of witnesses and for the production of documentary
material.
(b) The affected employee, the county attorney, or a
designee of the employee or the county attorney may request the
chair of the commission to subpoena any books, records, documents,
papers, accounts, or witnesses that the requestor considers
relevant to the case. The request must be made before the 10th day
before the date a commission proceeding will be held.
(c) An oath administered under this section has the same
force and effect as an oath administered by a magistrate in the
magistrate's judicial capacity.
(d) A response to a subpoena duces tecum under this section
is considered to have been made under oath.
(e) A person who is subpoenaed commits an offense if the
person fails to appear as required by the subpoena. An offense under
this section is a misdemeanor punishable by a fine up to $1,000,
confinement in the county jail for not more than 30 days, or both
the fine and confinement.
Sec. 158.109. COMPENSATION AND STAFF. The members of the
commission serve without compensation, but the commissioners court
shall reimburse each member for actual and necessary expenses
incurred in performing the member's duties. The commissioners
court shall provide the commission with adequate office space and
sufficient funds to employ an adequate staff and to purchase
necessary supplies and equipment.
Sec. 158.110. APPEALS. (a) An employee who, on a final
decision by the commission, is demoted, suspended, or removed from
a 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.
(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.
Sec. 158.111. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. (a)
The same standards described by Section 158.0121 apply to an appeal
under Section 158.110.
(b) The procedures for review under Section 158.110 are the
same as provided by Section 158.0122.
(c) The commission may require a party who appeals a
decision under Section 158.110 to pay the cost of preparing the
commission record in the same manner provided by Section 158.0123.
Sec. 158.112. EXEMPTIONS. (a) A person who is an employee
on the date that a civil service system is adopted under this
subchapter may not be required to take a competitive examination or
perform any other act under this subchapter to maintain the
person's employment.
(b) Each constable of a county may designate as exempt from
the civil service system:
(1) the position of chief deputy;
(2) four positions in the rank immediately under the
rank of chief deputy;
(3) one or more positions in the office of
departmental legal counsel; and
(4) additional positions in the department except that
the constable may not designate as exempt a total of more than 10
positions.
(c) At the time a new constable takes office, an employee
holding an exempt position may be transferred to the nonexempt
position held by the employee immediately before being promoted to
an exempt position. A person who was not an officer in the
department when appointed to an exempt position may be transferred
only to an entry level position in accordance with the system's
civil service rules.
Sec. 158.113. SYSTEM DISSOLUTION BY DEPARTMENT ELECTION.
(a) If, after a civil service system under this subchapter has been
in effect in a county for at least one year, at least 20 percent of
the employees in the county petition the county judge to dissolve
the system, the judge shall order an election on the question of the
dissolution of the civil service system.
(b) The county judge shall hold the election after the 15th
day but on or before the 45th day after the date the petition is
submitted. The election must be by secret ballot and each employee
is entitled to vote at the election.
(c) The ballots for the election shall be printed to provide
for voting for or against the proposition: "Dissolution of the
civil service system for all constable's department employees in
the county."
(d) The county judge shall canvass the votes and declare the
result.
(e) If the proposition is approved by a majority of the
employees voting at the election, the county judge shall declare
the civil service system dissolved.
Sec. 158.114. SYSTEM DISSOLUTION BY COUNTY ELECTION. (a)
After a civil service system under this subchapter has been in
effect in a county for at least one year, a person may file a
petition signed by at least 10 percent of the registered voters of
the county with the county judge for a countywide election on the
dissolution of the civil service system.
(b) On receipt of a petition described by Subsection (a),
the county judge shall order an election in the county on the
question of the dissolution of the civil service system to be held
in the county:
(1) on the next uniform election date that allows
sufficient time to comply with applicable provisions of law; or
(2) at a special election called for that purpose.
(c) The ballots for the election described by Subsection (b)
shall be printed to provide for voting for or against the
proposition: "Dissolution of the civil service system for all
constable's department employees in the county."
(d) If a majority of the voters voting at the election
described by Subsection (b) approve dissolution, the county judge
shall declare the civil service system dissolved.
Sec. 158.115. EXCLUSIVITY. A civil service system created
under this subchapter and in effect applies to employees and
departments to the exclusion of a civil service system in that
county created under Subchapter A or another law.
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, 2021.