Bill Text: TX HB2001 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to procedures and practices governing the appeal of a disciplinary action within the Department of Public Safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-17 - Referred to Jurisprudence [HB2001 Detail]
Download: Texas-2021-HB2001-Engrossed.html
87R11129 CJC-D | ||
By: Canales | H.B. No. 2001 |
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relating to procedures and practices governing the appeal of a | ||
disciplinary action within the Department of Public Safety. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.007(f), Government Code, is amended | ||
to read as follows: | ||
(f) A discharged commissioned officer is entitled, on | ||
application to the commission, to a public hearing before the | ||
commission, who shall affirm, modify, or set aside the | ||
discharge. The commission shall affirm, modify, or set aside a | ||
discharge on the basis of the evidence presented to the | ||
commission. If the commission affirms the discharge, the | ||
discharged officer may seek judicial review, not later than the | ||
90th day after the date the commission affirms the discharge, in a | ||
district court under the substantial evidence standard of review, | ||
and the officer remains suspended without pay while the case is | ||
under judicial review. If the commission sets aside or modifies the | ||
discharge, including by prescribing a period of suspension or a | ||
demotion, the commission may award back pay for all or part of the | ||
period during which the commissioned officer was suspended without | ||
pay. | ||
SECTION 2. Section 411.0072(b), Government Code, is amended | ||
to read as follows: | ||
(b) The commission shall establish procedures and practices | ||
governing the appeal of a disciplinary action within the | ||
department. The procedures and practices must allow a commissioned | ||
officer who is the subject of a disciplinary action to present | ||
testimony and evidence to the commission at a hearing on the appeal. | ||
SECTION 3. This Act takes effect September 1, 2021. |