Bill Text: TX HB2430 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to an appeal by a deputy sheriff under county civil service to an independent third-party hearing examiner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-11 - Left pending in committee [HB2430 Detail]
Download: Texas-2013-HB2430-Introduced.html
83R9581 SCL-F | ||
By: Martinez | H.B. No. 2430 |
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relating to an appeal by a deputy sheriff under county civil service | ||
to an independent third-party hearing examiner. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 158, Local Government | ||
Code, is amended by adding Section 158.0125 to read as follows: | ||
Sec. 158.0125. APPEAL TO INDEPENDENT THIRD-PARTY HEARING | ||
EXAMINER. (a) A commission by rule may authorize a deputy sheriff | ||
to appeal under this section to an independent third-party hearing | ||
examiner instead of to the commission a notice of a recommended | ||
demotion, a suspension of three days or more, or a termination. The | ||
deputy may not appeal unless the sheriff consents to the appeal. | ||
(b) A written notice for a demotion or disciplinary action | ||
issued to a deputy sheriff must state that in an appeal of a | ||
recommended demotion, a suspension of three days or more, or a | ||
termination, the deputy may appeal to an independent third-party | ||
hearing examiner instead of to the commission with the consent of | ||
the sheriff. 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 Subsection (k). | ||
(c) 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 this subchapter | ||
stating the deputy's preference to appeal to an independent | ||
third-party hearing examiner. Not later than the 10th day after the | ||
date the sheriff receives the deputy's notice, the sheriff shall | ||
notify the commission and the deputy in writing whether the sheriff | ||
consents to the appeal to an independent third-party hearing | ||
examiner. | ||
(d) On appeal to a hearing examiner, the deputy and the | ||
sheriff, or their designees, shall attempt to agree on the | ||
selection of an impartial hearing examiner. If the deputy and the | ||
sheriff do not agree on the selection of a hearing examiner within | ||
10 days 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. The deputy and the | ||
sheriff, or their designees, may agree on one of the seven | ||
arbitrators on the list. If the deputy and the sheriff do not agree | ||
within five business days 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. The deputy and the sheriff, or their designees, must | ||
agree on a date for the hearing. | ||
(e) An appeal hearing shall begin as soon as a hearing | ||
examiner can be scheduled. If a hearing examiner cannot begin the | ||
hearing within 45 days after the date of selection, the deputy or | ||
the sheriff may, within two days after learning of that fact, call | ||
for the selection of a new hearing examiner using the procedure | ||
under Subsection (d). | ||
(f) In a hearing conducted under this section, the hearing | ||
examiner has the same powers and duties as the commission, | ||
including any right to issue subpoenas. | ||
(g) In a hearing conducted under this section, the deputy | ||
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 within 10 days after the date the hearing ends. | ||
(h) 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 within 30 days after the date the | ||
hearing ends or the briefs are filed. A 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) A party who loses an appeal is liable for the hearing | ||
examiner's fees and expenses. The costs of a witness are paid by | ||
the party who calls the witness. | ||
(j) A hearing examiner's decision is final and binding on | ||
all parties. A deputy sheriff who decides to appeal to an | ||
independent third-party hearing examiner and the sheriff who | ||
consents to the appeal waive the right to appeal to district court | ||
except as provided by Subsection (k). | ||
(k) 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 the district | ||
court having jurisdiction in the county in which the department is | ||
located. | ||
SECTION 2. Subchapter B, Chapter 158, Local Government | ||
Code, is amended by adding Section 158.0375 to read as follows: | ||
Sec. 158.0375. APPEAL TO INDEPENDENT THIRD-PARTY HEARING | ||
EXAMINER. (a) A commission by rule may authorize a deputy sheriff | ||
to appeal under this section to an independent third-party hearing | ||
examiner instead of to the commission a notice of a recommended | ||
demotion, a suspension of three days or more, or a termination. The | ||
deputy may not appeal unless the sheriff consents to the appeal. | ||
(b) A written notice for a demotion or disciplinary action | ||
issued to a deputy sheriff must state that in an appeal of a | ||
recommended demotion, a suspension of three days or more, or a | ||
termination, the deputy may appeal to an independent third-party | ||
hearing examiner instead of to the commission with the consent of | ||
the sheriff. 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 Subsection (k). | ||
(c) 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 this subchapter | ||
stating the deputy's preference to appeal to an independent | ||
third-party hearing examiner. Not later than the 10th day after the | ||
date the sheriff receives the deputy's notice, the sheriff shall | ||
notify the commission and the deputy in writing whether the sheriff | ||
consents to the appeal to an independent third-party hearing | ||
examiner. | ||
(d) On appeal to a hearing examiner, the deputy and the | ||
sheriff, or their designees, shall attempt to agree on the | ||
selection of an impartial hearing examiner. If the deputy and the | ||
sheriff do not agree on the selection of a hearing examiner within | ||
10 days 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. The deputy and the | ||
sheriff, or their designees, may agree on one of the seven | ||
arbitrators on the list. If the deputy and the sheriff do not agree | ||
within five business days 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. The deputy and the sheriff, or their designees, must | ||
agree on a date for the hearing. | ||
(e) An appeal hearing shall begin as soon as a hearing | ||
examiner can be scheduled. If a hearing examiner cannot begin the | ||
hearing within 45 days after the date of selection, the deputy or | ||
the sheriff may, within two days after learning of that fact, call | ||
for the selection of a new hearing examiner using the procedure | ||
under Subsection (d). | ||
(f) In a hearing conducted under this section, the hearing | ||
examiner has the same powers and duties as the commission, | ||
including any right to issue subpoenas. | ||
(g) In a hearing conducted under this section, the deputy | ||
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 within 10 days after the date the hearing ends. | ||
(h) 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 within 30 days after the date the | ||
hearing ends or the briefs are filed. A 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) A party who loses an appeal is liable for the hearing | ||
examiner's fees and expenses. The costs of a witness are paid by | ||
the party who calls the witness. | ||
(j) A hearing examiner's decision is final and binding on | ||
all parties. A deputy sheriff who decides to appeal to an | ||
independent third-party hearing examiner and the sheriff who | ||
consents to the appeal waive the right to appeal to district court | ||
except as provided by Subsection (k). | ||
(k) 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 the district | ||
court having jurisdiction in the county in which the department is | ||
located. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an appeal to an independent third-party hearing examiner under | ||
Chapter 158, Local Government Code, as amended by this Act, | ||
following notice of demotion or disciplinary action given on or | ||
after the effective date of this Act. An appeal following notice | ||
given before the effective date of this Act is governed by the law | ||
in effect on the date the notice was given, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2013. |