Bill Text: TX HB749 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to county law enforcement officer civil service systems; providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-07 - Left pending in committee [HB749 Detail]

Download: Texas-2011-HB749-Introduced.html

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82R808 JTS-F
By: Menendez H.B. No. 749

A BILL TO BE ENTITLED
AN ACT
relating to county law enforcement officer civil service systems;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Local Government Code, is
amended by adding Chapter 162 to read as follows:
CHAPTER 162. COUNTY CIVIL SERVICE FOR LAW ENFORCEMENT OFFICERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 162.001. PURPOSE. (a) The purpose of this chapter is
to secure efficient sheriffs' departments and constables' offices
composed of capable personnel who are free from political influence
and who have permanent employment tenure as public servants.
(b) The members of the Law Enforcement Officers' Civil
Service Commission shall administer this chapter in accordance with
this purpose.
Sec. 162.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Law Enforcement Officers'
Civil Service Commission.
(2) "Director" means the director of law enforcement
officers' civil service.
(3) "Law enforcement officer" means a member of a
sheriff's department or constable's office or other law enforcement
officer licensed by the Commission on Law Enforcement Officer
Standards and Education and who was appointed in substantial
compliance with this chapter or who is entitled to civil service
status under Section 162.004.
Sec. 162.003. ELECTION TO ADOPT OR REPEAL CHAPTER. (a) A
county may hold an election to adopt or repeal this chapter as
provided by this section.
(b) If the commissioners court of a county receives a
petition requesting an election that is signed by a number of
registered voters of the county equal to at least 10 percent of the
number of voters who voted in the most recent county election, the
commissioners court shall order an election submitting to the
voters the question of whether this chapter should be adopted. The
election must be held on the first authorized uniform election date
prescribed by Chapter 41, Election Code, that occurs after the
petition is filed and that allows sufficient time to comply with
other requirements of law.
(c) This chapter may be adopted to apply only to the
sheriff's department or constables' offices, or to both the
sheriff's department and the constables' offices. If a majority of
the votes received in the election are in favor of adoption of this
chapter, the commissioners court shall implement this chapter.
(d) The ballot shall be printed to provide for voting for or
against the proposition, as applicable:
(1) "Adoption of the law enforcement officers' civil
service law for the sheriff's department.";
(2) "Adoption of the law enforcement officers' civil
service law for the constable's office (in a county with only one
constable's office) or constables' offices."; or
(3) "Adoption of the law enforcement officers' civil
service law for the sheriff's department and the constable's office
(in a county with only one constable's office) or constables'
offices."
(e) If an election is held under Subsection (b), a petition
for a subsequent election to be held under that subsection may not
be filed for at least one year after the date the previous election
was held. Any subsequent election must be held at the next general
county election that occurs after the petition is filed.
(f) If the commissioners court of a county that has operated
under this chapter for at least one year receives a petition
requesting an election to repeal this chapter that is signed by at
least 10 percent of the registered voters of the county, the
commissioners court shall order an election submitting to the
voters the question on whether this chapter should be repealed. If
a majority of the votes cast favor repeal of this chapter, this
chapter is void in that county.
Sec. 162.004. STATUS OF EMPLOYEES IF CHAPTER ADOPTED. Each
law enforcement officer serving in a county that adopts this
chapter, who has been in the service of the county for more than six
months at the time this chapter is adopted, and who is entitled to
civil service classification has the status of a civil service
employee and is not required to take a competitive examination to
remain in the position the person occupies at the time of the
adoption.
Sec. 162.005. IMPLEMENTATION: COMMISSION. (a) On adoption
of this chapter, the Law Enforcement Officers' Civil Service
Commission is established in the county. The county judge shall
appoint the members of the commission not later than the 60th day
after the date this chapter is adopted. Not later than the 30th day
after the date the county's first full fiscal year begins after the
date of the adoption election, the commissioners court shall
implement this chapter.
(b) The commission consists of three members appointed by
the county judge and confirmed by the commissioners court. Each
commission member is appointed for a term of two years. If a
vacancy occurs or if an appointee fails to qualify before the 11th
day after the date of appointment, the county judge shall appoint a
person to serve for the remainder of the unexpired term in the same
manner as the original appointment.
(c) A person appointed to the commission must:
(1) be of good moral character;
(2) be a United States citizen;
(3) be a resident of the county for more than three
years;
(4) be over 25 years of age; and
(5) not have held a public office within the preceding
three years.
(d) Notwithstanding Subsection (c)(5), the county judge may
reappoint a commission member to consecutive terms. A commission
member may not be reappointed to more than a third consecutive term
unless the member's reappointment to a fourth or subsequent
consecutive term is confirmed by a two-thirds majority of all the
members of the commissioners court.
(e) Subsection (c)(5) does not prohibit the county judge
from appointing a former commission member to the commission if the
only public office held by the former member within the preceding
three years is membership on:
(1) the commission; or
(2) the commission and the county's civil service
board for employees other than law enforcement officers through a
joint appointment to the commission and board.
(f) If a county has a civil service commission immediately
before this chapter takes effect in that county, that civil service
commission shall continue as the commission established by this
section and shall administer the civil service system as prescribed
by this chapter. As the terms of the members of the previously
existing commission expire, the county judge shall appoint members.
(g) Initial members shall elect a chair and a vice chair not
later than the 10th day after the date all members have qualified.
Each January, the members shall elect a chair and a vice chair.
(h) The commissioners court shall provide to the commission
adequate and suitable office space in which to conduct business.
(i) A county judge commits an offense if the judge knowingly
or intentionally fails to appoint the initial members of the
commission within the 60-day period prescribed by Subsection (a).
An offense under this subsection is a misdemeanor punishable by a
fine of not less than $100 or more than $200. Each day after the
60-day period that the county judge knowingly or intentionally
fails to make a required appointment constitutes a separate
offense.
(j) A county judge or a county official commits an offense
if the person knowingly or intentionally refuses to implement this
chapter or attempts to obstruct the enforcement of this chapter. An
offense under this subsection is a misdemeanor punishable by a fine
of not less than $100 or more than $200.
Sec. 162.006. REMOVAL OF COMMISSION MEMBER. (a) If at a
meeting held for that purpose the commissioners court finds that a
commission member is guilty of misconduct in office, the
commissioners court may remove the member. The member may request
that the meeting be held as an open hearing in accordance with
Chapter 551, Government Code.
(b) If a commission member is indicted or charged by
information with a criminal offense involving moral turpitude, the
member shall be automatically suspended from office until the
disposition of the charge. Unless the member pleads guilty or is
found to be guilty, the member shall resume office at the time of
disposition of the charge.
(c) The commissioners court may appoint a substitute
commission member during a period of suspension.
(d) If a member pleads guilty to or is found to be guilty of
a criminal offense involving moral turpitude, the commissioners
court shall appoint a replacement commission member to serve the
remainder of the disqualified member's term of office.
Sec. 162.007. ADOPTION AND PUBLICATION OF RULES. (a) A
commission shall adopt rules necessary for the proper conduct of
commission business.
(b) The commission may not adopt a rule permitting the
appointment or employment of a person who is:
(1) without good moral character;
(2) physically or mentally unfit; or
(3) incompetent to discharge the duties of the
appointment or employment.
(c) The commission shall adopt rules that prescribe cause
for removal or suspension of a law enforcement officer. The rules
must comply with the grounds for removal prescribed by Section
162.051.
(d) The commission shall publish each rule it adopts and
each classification and seniority list for the sheriff's department
or a constable's office. The rules and lists shall be made
available on demand. A rule is considered to be adopted and
sufficiently published if the commission adopts the rule by
majority vote and causes the rule to be written, typewritten, or
printed. Publication in a newspaper is not required and the
commissioners court is not required to act on the rule.
(e) A rule is not valid and binding on the commission until
the commission:
(1) mails a copy of the rule to the sheriff and each
constable of the county; and
(2) posts a copy of the rule for a seven-day period at
a conspicuous place in the central sheriff's office or each
constable's office.
(f) The director shall keep copies of all rules for free
distribution to members of the sheriff's department or each
constable's office who request copies and for inspection by any
interested person.
Sec. 162.008. COMMISSION INVESTIGATIONS AND INSPECTIONS.
(a) The commission or a commission member designated by the
commission may investigate and report on all matters relating to
the enforcement and effect of this chapter and any rules adopted
under this chapter and shall determine if the chapter and rules are
being obeyed.
(b) During an investigation, the commission or the
commission member may:
(1) administer oaths;
(2) issue subpoenas to compel the attendance of
witnesses and the production of books, papers, documents, and
accounts relating to the investigation; and
(3) cause the deposition of witnesses residing inside
or outside the state.
(c) A deposition taken in connection with an investigation
under this section must be taken in the manner prescribed by law for
taking a similar deposition in a civil action in federal district
court.
(d) An oath administered or a subpoena issued under this
section has the same force and effect as an oath administered by a
magistrate in the magistrate's judicial capacity.
(e) A person who fails to respond to a subpoena issued under
this section commits an offense punishable as prescribed by Section
162.014.
Sec. 162.009. COMMISSION APPEAL PROCEDURE. (a) Except as
otherwise provided by this chapter, if a law enforcement officer
wants to appeal to the commission from an action for which an appeal
or review is provided by this chapter, the law enforcement officer
may file an appeal with the commission not later than the 10th day
after the date the action occurred.
(b) The appeal must include the basis for the appeal and a
request for a commission hearing. The appeal must also contain:
(1) a statement denying the truth of the charge as
made;
(2) a statement taking exception to the legal
sufficiency of the charge;
(3) a statement alleging that the recommended action
does not fit the offense or alleged offense; or
(4) a combination of the statements described by this
subsection.
(c) In each hearing, appeal, or review of any kind in which
the commission performs an adjudicatory function, the affected law
enforcement officer is entitled to be represented by counsel or a
person the law enforcement officer chooses. Each commission
proceeding shall be held in public.
(d) The commission may issue subpoenas and subpoenas duces
tecum for the attendance of witnesses and for the production of
documentary material.
(e) The affected law enforcement officer may request the
commission to subpoena any books, records, documents, papers,
accounts, or witnesses that the law enforcement officer considers
pertinent to the case. The law enforcement officer must make the
request before the 10th day before the date the commission hearing
will be held. If the commission does not subpoena the material, the
commission shall, before the third day before the date the hearing
will be held, make a written report to the law enforcement officer
stating the reason it will not subpoena the requested material.
This report shall be read into the public record of the commission
hearing.
(f) Witnesses may be placed under the rule at the commission
hearing.
(g) The commission shall conduct the hearing fairly and
impartially as prescribed by this chapter and shall render a just
and fair decision. The commission may consider only the evidence
submitted at the hearing.
(h) The commission shall maintain a public record of each
proceeding with copies available at cost.
Sec. 162.010. DECISIONS AND RECORDS. (a) Each concurring
commission member shall sign a decision issued by the commission.
(b) The commission shall keep records of each hearing or
case that comes before the commission.
(c) Each rule, opinion, directive, decision, or order
issued by the commission:
(1) must be in writing; and
(2) is a public record that the commission shall
retain on file.
Sec. 162.011. DIRECTOR. (a) On adoption of this chapter,
the office of Director of Law Enforcement Officers' Civil Service
is established in the county. The commission shall appoint the
director. The director shall serve as secretary to the commission
and perform work incidental to the civil service system as required
by the commission. The commission may remove the director at any
time.
(b) A person appointed as director must meet each
requirement for appointment to the commission prescribed by Section
162.005(c) other than the local residency requirement.
(c) A person appointed as director may be a commission
member, a county employee, or some other person.
(d) The commissioners court shall determine the salary, if
any, to be paid to the director.
(e) If, immediately before this chapter takes effect in a
county, the county has a duly and legally constituted director of
civil service, regardless of title, that director shall continue in
office as the director established by this section and shall
administer the civil service system as prescribed by this chapter.
Sec. 162.012. APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED
IMMEDIATELY BELOW SHERIFF OR CONSTABLE. (a) If approved by the
commissioners court by resolution or order, a sheriff or constable
in a department or office in which at least four classifications
exist below the classification of sheriff or constable may appoint
each person occupying an authorized position in the classification
immediately below that of sheriff or constable, as prescribed by
this section. The classification immediately below that of sheriff
or constable may include a person who has a different title but has
the same pay grade.
(b) In a sheriff's department or constable's office, the
total number of persons appointed to the classification immediately
below that of sheriff or constable may not exceed the total number
of persons, plus one, serving in that classification on January 1,
2011. This subsection does not apply to a county that has adopted
Chapter 174 unless the county specifically adopts the appointment
procedure prescribed by this subsection through the collective
bargaining process.
(c) A person appointed to a position in the classification
immediately below that of sheriff or constable must:
(1) be employed by the sheriff's department or the
constable's office as a sworn law enforcement officer;
(2) have at least two years' continuous service in that
department or office as a sworn law enforcement officer; and
(3) be eligible for certification by the Commission on
Law Enforcement Officer Standards and Education at the intermediate
level or its equivalent as determined by that commission.
(d) The sheriff or constable shall make each appointment
under this section not later than the 90th day after the date a
vacancy occurs in the position.
(e) A person appointed under this section serves at the
pleasure of the sheriff or constable. A person who is removed from
the position by the sheriff or constable shall be reinstated in the
department or office and placed in the same classification, or its
equivalent, that the person held before appointment. The person
retains all rights of seniority in the department or office.
(f) If a person appointed under this section is charged with
an offense in violation of civil service rules and indefinitely
suspended by the sheriff or constable, the person has the same
rights and privileges of a hearing before the commission in the same
manner and under the same conditions as a classified employee. If
the commission, a hearing examiner, or a court of competent
jurisdiction finds the charges to be untrue or unfounded, the
person shall immediately be restored to the same classification, or
its equivalent, that the person held before appointment. The
person has all the rights and privileges of the prior position
according to seniority and shall be repaid for any lost wages.
(g) A person serving under permanent appointment in a
position in the classification immediately below that of the
sheriff or constable on September 1, 2011, is not required to meet
the requirements of this section or to be appointed or reappointed
as a condition of tenure or continued employment.
Sec. 162.013. APPEAL OF COMMISSION DECISION TO DISTRICT
COURT. (a) If a law enforcement officer is dissatisfied with any
commission decision, the law enforcement officer may file a
petition in district court asking that the decision be set aside.
The petition must be filed not later than the 10th day after the
date the final commission decision:
(1) is sent to the law enforcement officer by
certified mail; or
(2) is personally received by the law enforcement
officer or by that person's designee.
(b) An appeal under this section is by trial de novo. The
district court may grant the appropriate legal or equitable relief
necessary to carry out the purposes of this chapter. The relief may
include reinstatement or promotion with back pay if an order of
suspension, dismissal, or demotion is set aside.
(c) The court may award reasonable attorney's fees to the
prevailing party and assess court costs against the nonprevailing
party.
(d) If the court finds for the law enforcement officer, the
court shall order the county to pay lost wages to the law
enforcement officer.
Sec. 162.014. PENALTY FOR VIOLATION OF CHAPTER. (a) A
person subject to the provisions of this chapter commits an offense
if the person violates this chapter.
(b) An offense under this section or Section 162.008 is a
misdemeanor punishable by a fine of not less than $10 or more than
$100, confinement in the county jail for not more than 30 days, or
both the fine and the confinement.
[Sections 162.015-162.020 reserved for expansion]
SUBCHAPTER B. CLASSIFICATION AND APPOINTMENT
Sec. 162.021. CLASSIFICATION; EXAMINATION REQUIREMENT.
(a) The commission shall provide for the classification of all law
enforcement officers. The commissioners court shall establish the
classifications by order. The commissioners court by order shall
prescribe the number of positions in each classification in the
sheriff's department and in each constable's office.
(b) Except for the sheriff or constable and a person the
sheriff or constable appoints in accordance with Section 162.012,
each law enforcement officer is classified as prescribed by this
subchapter and has civil service protection. The failure of the
commissioners court to establish a position by order does not
result in the loss of civil service benefits by a person entitled to
civil service protection or appointed to the position in
substantial compliance with this chapter.
(c) Except as provided by Sections 162.012 and 162.0251, an
existing position or classification or a position or classification
created in the future either by name or by increase in salary may be
filled only from an eligibility list that results from an
examination held in accordance with this chapter.
Sec. 162.022. PHYSICAL REQUIREMENTS AND EXAMINATIONS. (a)
The commission shall set the age and physical requirements for
applicants for beginning and promotional positions in accordance
with this chapter. The requirements must be the same for all
applicants.
(b) The commission shall require each applicant for a
beginning or a promotional position to take an appropriate physical
examination. The commission may require each applicant for a
beginning position to take a mental examination. The examination
shall be administered by a physician, psychiatrist, or
psychologist, as appropriate, appointed by the commission. The
county shall pay for each examination.
(c) If an applicant is rejected by the physician,
psychiatrist, or psychologist, as appropriate, the applicant may
request another examination by a board of three physicians,
psychiatrists, or psychologists, as appropriate, appointed by the
commission. The applicant must pay for the board examination. The
board's decision is final.
Sec. 162.023. ELIGIBILITY FOR BEGINNING POSITION. (a) A
person may not take an entrance examination for a beginning
position in the sheriff's department or constable's office unless
the person is 18 years of age or older.
(b) A person who is 45 years of age or older may not be
certified for a beginning position in a sheriff's department or
constable's office.
(c) An applicant may not be certified as eligible for a
beginning position with a sheriff's department or constable's
office unless the applicant meets all legal requirements necessary
to become eligible for future licensing by the Commission on Law
Enforcement Officer Standards and Education.
(d) Each law enforcement officer affected by this chapter
must be able to read and write English.
Sec. 162.024. ENTRANCE EXAMINATION NOTICE. (a) Before the
10th day before the date an entrance examination is held, the
commission shall cause a notice of the examination to be posted in
plain view on a bulletin board located in the main lobby of the
county courthouse and in the commission's office. The notice must
show the position to be filled or for which the examination is to be
held, and the date, time, and place of the examination.
(b) The notice required by Subsection (a) must also state
the period during which the eligibility list created as a result of
the examination will be effective.
Sec. 162.025. ENTRANCE EXAMINATIONS. (a) The commission
shall provide for open, competitive, and free entrance examinations
to provide eligibility lists for beginning positions in the
sheriff's department or a constable's office. The examinations are
open to each person who makes a proper application and meets the
requirements prescribed by this chapter.
(b) An eligibility list for a beginning position in the
sheriff's department or a constable's office may be created only as
a result of a competitive examination held in the presence of each
applicant for the position, except as provided by Subsection (d).
The examination must be based on the person's general knowledge and
aptitude and must inquire into the applicant's general education
and mental ability. A person may not be appointed to the sheriff's
department or a constable's office except as a result of the
examination.
(c) An applicant may not take an examination unless at least
one other applicant taking the examination is present.
(d) An examination for beginning positions in the sheriff's
department or a constable's office must be held at one or more
locations in the county and may be held at additional locations
outside the county. An examination held at multiple locations must
be administered on the same day and at the same time at each
location at which it is given. Only one eligibility list for a
sheriff's department or constable's office may be created from that
examination, and only one eligibility list may be in effect at a
given time. Each applicant who takes the examination for the
eligibility list shall:
(1) take the same examination; and
(2) be examined in the presence of other applicants
for that eligibility list.
(e) An additional five points shall be added to the
examination grade of an applicant who served in the United States
armed forces, received an honorable discharge, and made a passing
grade on the examination.
(f) An applicant may not take the examination for a
particular eligibility list more than once.
(g) The commission shall keep each eligibility list for a
beginning position in effect for a period of not less than six
months or more than 12 months, unless the names of all applicants on
the list have been referred to the appropriate department or
office. The commission shall determine the length of the period.
The commission shall give new examinations at times the commission
considers necessary to provide required staffing for scheduled law
enforcement training academies.
(h) The grade to be placed on the eligibility list for each
applicant shall be computed by adding an applicant's points under
Subsection (e), if any, to the applicant's grade on the written
examination. Each applicant's grade on the written examination is
based on a maximum grade of 100 percent and is determined entirely
by the correctness of the applicant's answers to the questions. The
minimum passing grade on the examination is 70 percent. An
applicant must pass the examination to be placed on an eligibility
list.
Sec. 162.0251. REAPPOINTMENT AFTER RESIGNATION. The
commission may adopt rules to allow a law enforcement officer who
voluntarily resigns from the sheriff's department or constable's
office to be reappointed to the department or office without taking
another departmental entrance examination.
Sec. 162.026. PROCEDURE FOR FILLING BEGINNING POSITIONS.
(a) When a vacancy occurs in a beginning position in a sheriff's
department or constable's office, the sheriff or constable shall
request in writing from the commission the names of suitable
persons from the eligibility list. The director shall certify to
the county judge the names of the three persons having the highest
grades on the eligibility list.
(b) From the three names certified, the county judge shall
appoint the person having the highest grade unless there is a valid
reason why the person having the second or third highest grade
should be appointed.
(c) If the county judge does not appoint the person having
the highest grade, the county judge shall clearly set forth in
writing the good and sufficient reason why the person having the
highest grade was not appointed.
(d) The reason required by Subsection (c) shall be filed
with the commission and a copy provided to the person having the
highest grade. If the county judge appoints the person having the
third highest grade, a copy of the report shall also be furnished to
the person having the second highest grade.
Sec. 162.027. PROBATIONARY PERIOD. (a) A person appointed
to a beginning position in the sheriff's department or a constable's
office must serve a probationary period of one year beginning on
that person's date of employment as a law enforcement officer or
academy trainee.
(b) During a law enforcement officer's probationary period,
the sheriff or constable shall discharge the person and remove the
person from the payroll if the person's appointment was not regular
or was not made in accordance with this chapter or commission rules.
(c) During a law enforcement officer's probationary period,
the person may not be prohibited from joining or required to join an
employee organization. Joining or not joining an employee
organization is not a ground for retaining or not retaining a law
enforcement officer serving a probationary period.
(d) A law enforcement officer who was appointed in
substantial compliance with this chapter and who serves the entire
probationary period automatically becomes a full-fledged civil
service employee and has full civil service protection.
Sec. 162.028. ELIGIBILITY FOR PROMOTION. (a) A law
enforcement officer is not eligible for promotion unless the person
has served in that sheriff's department or constable's office in the
next lower position or other positions specified by the commission
for at least two years immediately before the date the promotional
examination is held.
(b) If a person is recalled on active military duty for not
more than 60 months, the two-year service requirement prescribed by
Subsection (a) does not apply and the person is entitled to have
time spent on active military duty considered as duty in the
sheriff's department or constable's office.
Sec. 162.029. PROMOTIONAL EXAMINATION NOTICE. (a) Before
the 90th day before the date a promotional examination is held, the
commission shall post a notice that lists the sources from which the
examination questions will be taken.
(b) Before the 30th day before the date a promotional
examination is held, the commission shall post a notice of the
examination in plain view on a bulletin board located in the main
lobby of the county courthouse and in the commission's office. The
notice must show the position to be filled or for which the
examination is to be held, and the date, time, and place of the
examination. The commission shall also furnish sufficient copies
of the notice for posting in the stations or subdepartments in which
the position will be filled.
(c) The notice required by Subsection (b) may also include
the name of each source used for the examination, the number of
questions taken from each source, and the chapter used in each
source.
Sec. 162.030. ELIGIBILITY FOR SHERIFF'S DEPARTMENT OR
CONSTABLE'S OFFICE PROMOTIONAL EXAMINATION; CRIMINAL PENALTY. (a)
Each promotional examination is open to each law enforcement
officer who for at least two years immediately before the
examination date has continuously held a position in the
classification that is immediately below, in salary, the
classification for which the examination is to be held.
(b) If the sheriff's department or constable's office has
adopted a classification plan that classifies positions on the
basis of similarity in duties and responsibilities, each
promotional examination is open to each law enforcement officer who
has continuously held for at least two years immediately before the
examination date a position in the department or office at the next
lower pay grade, if it exists, in the classification for which the
examination is to be held.
(c) If there are not sufficient law enforcement officers in
the next lower position with two years' service in that position to
provide an adequate number of persons to take the examination, the
commission shall open the examination to persons in that position
with less than two years' service. If there is still an
insufficient number, the commission may open the examination to
persons in the second lower position, in salary, to the position for
which the examination is to be held.
Sec. 162.031. PROMOTIONAL EXAMINATION PROCEDURE. (a) The
commission shall adopt rules governing promotions and shall hold
promotional examinations to provide eligibility lists for each
classification in the sheriff's department or constable's office.
Unless a different procedure is adopted under an alternate
promotional system as provided by Section 162.034, the examinations
shall be held substantially as prescribed by this section.
(b) Each eligible promotional candidate shall be given an
identical examination in the presence of the other eligible
promotional candidates, except that an eligible promotional
candidate who is serving on active military duty outside of this
state or in a location that is not within reasonable geographic
proximity to the location where the examination is being
administered is entitled to take the examination outside of the
presence of and at a different time than the other candidates and
may be allowed to take an examination that is not identical to the
examination administered to the other candidates.
(c) The commission may adopt rules under Subsection (a)
providing for the efficient administration of promotional
examinations to eligible promotional candidates who are members of
the armed forces serving on active military duty. In adopting the
rules, the commission shall ensure that the administration of the
examination will not result in unnecessary interference with any
ongoing military effort. The rules shall require that:
(1) at the discretion of the administering entity, an
examination that is not identical to the examination administered
to other eligible promotional candidates may be administered to an
eligible promotional candidate who is serving on active military
duty; and
(2) if a candidate serving on active military duty
takes a promotional examination outside the presence of other
candidates and passes the examination, the candidate's name shall
be included in the eligibility list of names of promotional
candidates who took and passed the examination nearest in time to
the time at which the candidate on active military duty took the
examination.
(d) The examination must be entirely in writing and may not
in any part consist of an oral interview.
(e) The examination questions must test the knowledge of the
eligible promotional candidates about information and facts and
must be based on:
(1) the duties of the position for which the
examination is held;
(2) material that is of reasonably current publication
and that has been made reasonably available to each member of the
sheriff's department or constable's office involved in the
examination; and
(3) any study course given by the departmental or
office schools of instruction.
(f) The examination questions must be taken from the sources
posted as prescribed by Section 162.029(a). Law enforcement
officers may suggest source materials for the examinations.
(g) The examination questions must be prepared and composed
so that the grading of the examination can be promptly completed
immediately after the examination is over.
(h) The director is responsible for the preparation and
security of each promotional examination. The fairness of the
competitive promotional examination is the responsibility of the
commission, the director, and each county employee involved in the
preparation or administration of the examination.
(i) A person commits an offense if the person knowingly or
intentionally:
(1) reveals a part of a promotional examination to an
unauthorized person; or
(2) receives from an authorized or unauthorized person
a part of a promotional examination for unfair personal gain or
advantage.
(j) An offense under Subsection (i) is a misdemeanor
punishable by a fine of not less than $1,000, confinement in the
county jail for not more than one year, or both the fine and the
confinement.
Sec. 162.032. PROMOTIONAL EXAMINATION GRADES. (a) The
grading of each promotional examination shall begin when one
eligible promotional candidate completes the examination. As the
eligible promotional candidates finish the examination, the
examinations shall be graded at the examination location and in the
presence of any candidate who wants to remain during the grading.
(b) Each law enforcement officer is entitled to receive one
point for each year of seniority as a classified law enforcement
officer in that department or office, with a maximum of 10 points.
(c) Unless a different procedure is adopted under an
alternate promotional system as provided by Section 162.034, the
grade that must be placed on the eligibility list for each law
enforcement officer shall be computed by adding the applicant's
points for seniority to the applicant's grade on the written
examination. Each applicant's grade on the written examination is
based on a maximum grade of 100 points and is determined entirely by
the correctness of the applicant's answers to the questions. All
law enforcement officer applicants who receive a grade of at least
70 points shall be determined to have passed the examination. If a
tie score occurs, the commission shall determine a method to break
the tie.
(d) Not later than 24 hours after the time a promotional
examination is held, the commission shall post the individual raw
test scores on a bulletin board located in the main lobby of the
county courthouse.
Sec. 162.033. REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.
(a) On request, each eligible promotional candidate from the
sheriff's department or a constable's office is entitled to examine
the person's promotional examination and answers, the examination
grading, and the source material for the examination. If
dissatisfied, the candidate may appeal, not later than the fifth
business day after the date the candidate receives the results of
the examination, to the commission for review in accordance with
this chapter. In computing this period, a Saturday, Sunday, or
legal holiday is not considered a business day.
(b) The eligible promotional candidate may not remove the
examination or copy a question used in the examination.
Sec. 162.034. ALTERNATE PROMOTIONAL SYSTEM IN SHERIFF'S
DEPARTMENT OR CONSTABLE'S OFFICE. (a) This section does not apply
to a county that has adopted Chapter 174.
(b) The commission may adopt an alternate promotional
system to select persons to occupy nonentry level positions other
than positions that are filled by appointment by the sheriff or a
constable if the alternate system:
(1) is recommended by:
(A) the sheriff if the civil service system
applies only to the sheriff's department;
(B) each of the constables if the civil service
system applies only to the constables' offices; or
(C) the sheriff and each of the constables if the
civil service system applies to both the sheriff's department and
the constables' offices;
(2) is approved by a majority of the law enforcement
officers under Subsection (c); and
(3) complies with the requirements of this section.
(c) The commission shall order the director to conduct an
election and to submit the revised promotional system to:
(1) all sworn law enforcement officers in the
sheriff's department or constables' offices, as applicable, within
the rank immediately below the classification for which the
promotional examination is to be administered; or
(2) all sworn law enforcement officers in the
sheriff's department or constables' offices, as applicable.
(d) The director shall hold the election on or after the
30th day after the date notice of the election is posted at the
applicable offices. The election shall be conducted throughout
each regular work shift at an accessible location within the
applicable offices during a 24-hour period.
(e) The ballot shall contain the specific amendment to the
promotional procedure. Each sworn law enforcement officer shall be
given the opportunity to vote by secret ballot "for" or "against"
the amendment.
(f) The revised promotional system must be approved by a
majority vote of the sworn law enforcement officers voting. A
defeated promotional system amendment may not be placed on a ballot
for a vote by the sworn law enforcement officers for at least 12
months after the date the prior election was held, but this
provision does not apply if a different proposal is recommended to
the commission.
(g) The commission shall canvass the votes not later than
the 30th day after the date the election is held. An appeal
alleging election irregularity must be filed with the commission
not later than the fifth working day after the date the election
closes. If approved by the sworn law enforcement officers, the
promotional system amendment becomes effective after all election
disputes have been ruled on and the election votes have been
canvassed by the commission.
(h) At any time after an alternate promotional system has
been adopted under this section and has been in effect for at least
180 days, the sheriff or constables, as applicable, may petition
the commission to terminate the alternate system, and the
commission shall terminate the alternate system.
(i) At any time after an alternate promotional system has
been adopted under this section and has been in effect for at least
180 days, a petition signed by at least 35 percent of the sworn law
enforcement officers may be submitted to the commission asking that
the alternate promotional system be reconsidered. If a petition is
submitted, the commission shall, not later than the 60th day after
the date the petition is filed, hold an election as prescribed by
this section. If a majority of those voting vote to terminate, the
commission shall terminate the alternate promotional system.
(j) If the alternate system is terminated, an additional
list may not be created under the alternate system.
(k) A promotional list may not be created if an election
under this section is pending. An existing eligibility list,
whether created under the system prescribed by this chapter or
created under an alternate system adopted under this section, may
not be terminated before or extended beyond its expiration date. A
person promoted under an alternate system has the same rights and
the same status as a person promoted under this chapter even if the
alternate system is later terminated.
Sec. 162.035. PROCEDURE FOR MAKING PROMOTIONAL
APPOINTMENTS. (a) When a vacancy occurs in a nonentry position
that is not appointed by the sheriff or a constable as provided by
Section 162.012, the vacancy shall be filled as prescribed by this
section.
(b) If an eligibility list for the position to be filled
exists on the date the vacancy occurs, the director, on request by
the sheriff or the applicable constable, shall certify to the
sheriff or constable the names of the three persons having the
highest grades on that eligibility list. The commission shall
certify the names not later than the 10th day after the date the
commission is notified of the vacancy. If fewer than three names
remain on the eligibility list or if only one or two eligible
promotional candidates passed the promotional examination, each
name on the list must be submitted to the sheriff or constable.
(c) The commission shall submit names from an existing
eligibility list to the sheriff or constable until the vacancy is
filled or the list is exhausted.
(d) If an eligibility list does not exist on the date a
vacancy occurs or a new position is created, the commission shall
hold an examination to create a new eligibility list not later than
the 90th day after the date the vacancy occurs or a new position is
created.
(e) If an eligibility list exists on the date a vacancy
occurs, the sheriff or constable shall fill the vacancy by
permanent appointment from the eligibility list furnished by the
commission not later than the 60th day after the date the vacancy
occurs. If an eligibility list does not exist, the sheriff or
constable shall fill the vacancy by permanent appointment from an
eligibility list that the commission shall provide not later than
the 90th day after the date the vacancy occurs.
(f) Unless the sheriff or constable has a valid reason for
not appointing the person, the sheriff or constable shall appoint
the eligible promotional candidate having the highest grade on the
eligibility list. If the sheriff or constable has a valid reason
for not appointing the eligible promotional candidate having the
highest grade, the sheriff or constable shall personally discuss
the reason with the person being bypassed before appointing another
person. The sheriff or constable shall also file the reason in
writing with the commission and shall provide the person with a copy
of the written notice. On application of the bypassed eligible
promotional candidate, the reason the sheriff or constable did not
appoint that person is subject to review by the commission or, on
the written request of the person being bypassed, by an independent
third-party hearing examiner under Section 162.057.
(g) If a person is bypassed, the person's name is returned
to its place on the eligibility list and shall be resubmitted to the
sheriff or constable if a vacancy occurs. If the sheriff or
constable refuses three times to appoint a person and files the
reasons for the refusals in writing with the commission, and the
commission does not set aside the refusals, the person's name shall
be removed from the eligibility list.
(h) Each promotional eligibility list remains in existence
for one year after the date on which the written examination is
given, unless exhausted. At the expiration of the one-year period,
the eligibility list expires and a new examination may be held.
Sec. 162.036. RECORD OF CERTIFICATION AND APPOINTMENT. (a)
When a person is certified and appointed to a position in the
sheriff's department or a constable's office, the director shall
forward the appointed person's record to the sheriff or applicable
constable. The director shall also forward a copy of the record to
the county judge and shall retain a copy in the civil service files.
(b) The record must contain:
(1) the date notice of examination for the position
was posted;
(2) the date on which the appointed person took the
examination;
(3) the name of each person who conducted the
examination;
(4) the relative position of the appointed person on
the eligibility list;
(5) the date the appointed person took the physical
examination, the name of the examining physician, and whether the
person was accepted or rejected;
(6) the date the request to fill the vacancy was made;
(7) the date the appointed person was notified to
report for duty; and
(8) the date the appointed person's pay is to start.
(c) If the director intentionally fails to comply with this
section, the commission shall immediately remove the director from
office.
(d) The director's failure to comply with this section does
not affect the civil service status of an employee.
Sec. 162.037. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
(a) The sheriff or a constable may designate a person from the next
lower classification to temporarily fill a position in a higher
classification. The designated person is entitled to the base
salary of the higher position plus the person's own longevity or
seniority pay, educational incentive pay, and certification pay
during the time the person performs the duties.
(b) The temporary performance of the duties of a higher
position by a person who has not been promoted as prescribed by this
chapter may not be construed as a promotion.
[Sections 162.038-162.040 reserved for expansion]
SUBCHAPTER C. COMPENSATION
Sec. 162.041. SALARY. (a) Except as provided by Section
162.037, all law enforcement officers in the same classification
are entitled to the same base salary.
(b) In addition to the base salary, each law enforcement
officer is entitled to each of the following types of pay, if
applicable:
(1) longevity or seniority pay;
(2) educational incentive pay as authorized by Section
162.044;
(3) assignment pay as authorized by Sections 162.042
and 162.043;
(4) certification pay as authorized by Section
162.044;
(5) shift differential pay as authorized by Section
162.047; and
(6) fitness incentive pay as authorized by Section
162.044.
Sec. 162.042. ASSIGNMENT PAY. (a) The commissioners court
may authorize assignment pay for law enforcement officers who
perform specialized functions in their respective departments or
offices.
(b) The assignment pay is in an amount and is payable under
conditions set by order and is in addition to the regular pay
received by members of the sheriff's department or constable's
office.
(c) If the order applies equally to each person who meets
the criteria established by the order, the order may provide for
payment to each law enforcement officer who meets training or
education criteria for an assignment or the order may set criteria
that provide for payment only to a law enforcement officer in a
special assignment.
(d) The sheriff or constable is not eligible for the
assignment pay authorized by this section.
Sec. 162.043. FIELD TRAINING OFFICER ASSIGNMENT PAY. (a)
In this section, "field training officer" means a member of the
sheriff's department or a constable's office who is assigned to and
performs the duties and responsibilities of the field training
officers program.
(b) The commissioners court of a county may authorize
assignment pay for field training officers. The assignment pay is
in an amount and is payable under conditions set by order and is in
addition to the regular pay received by members of the sheriff's
department or a constable's office.
(c) The sheriff or constable is not eligible for the
assignment pay authorized by this section.
Sec. 162.044. CERTIFICATION, EDUCATIONAL INCENTIVE, AND
FITNESS INCENTIVE PAY. (a) If each law enforcement officer in a
county is afforded an opportunity to qualify for certification, the
commissioners court may authorize certification pay to those law
enforcement officers who meet the requirements for certification
set by the Commission on Law Enforcement Officer Standards and
Education.
(b) If the criteria for educational incentive pay are
clearly established, are in writing, and are applied equally to
each law enforcement officer in a county who meets the criteria, the
commissioners court may authorize educational incentive pay for
each law enforcement officer who has successfully completed courses
at an accredited college or university.
(c) If the criteria for fitness incentive pay are clearly
established, are in writing, and are applied equally to each law
enforcement officer in a county who meets the criteria, the
commissioners court may authorize fitness incentive pay for each
law enforcement officer who successfully meets the criteria.
(d) The certification pay, educational incentive pay, and
fitness incentive pay are in addition to a law enforcement
officer's regular pay.
Sec. 162.045. ACCUMULATION AND PAYMENT OF SICK LEAVE. (a)
A permanent or temporary law enforcement officer is allowed sick
leave with pay accumulated at the rate of 1-1/4 full working days
for each full month employed in a calendar year, so as to total 15
working days to a person's credit each 12 months.
(b) A law enforcement officer may accumulate sick leave
without limit and may use the leave if unable to work because of a
bona fide illness. If an ill law enforcement officer exhausts the
sick leave and can conclusively prove that the illness was incurred
in the performance of duties, an extension of sick leave shall be
granted.
(c) A law enforcement officer who leaves the classified
service for any reason is entitled to receive in a lump-sum payment
the full amount of the person's salary for accumulated sick leave if
the person has accumulated not more than 90 days of sick leave. If a
law enforcement officer has accumulated more than 90 working days
of sick leave, the person's employer may limit payment to the amount
that the person would have received if the person had been allowed
to use 90 days of accumulated sick leave during the last six months
of employment. The lump-sum payment is computed by compensating
the law enforcement officer for the accumulated time at the highest
permanent pay classification for which the person was eligible
during the last six months of employment. The law enforcement
officer is paid for the same period for which the person would have
been paid if the person had taken the sick leave but does not
include additional holidays and any sick leave or vacation time
that the person might have accrued during the 90 days.
(d) To facilitate the settlement of the accounts of deceased
law enforcement officers, all unpaid compensation, including all
accumulated sick leave, due at the time of death to an active law
enforcement officer who dies as a result of a line-of-duty injury or
illness, shall be paid to the persons in the first applicable
category of the following prioritized list:
(1) to the beneficiary or beneficiaries the law
enforcement officer designated in writing to receive the
compensation and filed with the commission before the person's
death;
(2) to the law enforcement officer's widow or widower;
(3) to the law enforcement officer's child or children
and to the descendants of a deceased child, by representation;
(4) to the law enforcement officer's parents or to
their survivors; or
(5) to the properly appointed legal representative of
the law enforcement officer's estate, or in the absence of a
representative, to the person determined to be entitled to the
payment under the state law of descent and distribution.
(e) Payment of compensation to a person in accordance with
Subsection (d) is a bar to recovery by another person.
Sec. 162.046. VACATIONS. (a) Each law enforcement officer
is entitled to earn a minimum of 15 working days' vacation leave
with pay in each year.
(b) In computing the length of time a law enforcement
officer may be absent from work on vacation leave, only those
calendar days during which the person would be required to work if
not on vacation may be counted as vacation days.
(c) Unless approved by the commissioners court, a law
enforcement officer may not accumulate vacation leave from year to
year.
Sec. 162.047. SHIFT DIFFERENTIAL PAY. (a) The
commissioners court may authorize shift differential pay for law
enforcement officers who work a shift in which more than 50 percent
of the time worked is after 6 p.m. and before 6 a.m.
(b) The shift differential pay is in an amount and is
payable under conditions set by order and is in addition to the
regular pay received by members of the sheriff's department or
constable's office.
[Sections 162.048-162.050 reserved for expansion]
SUBCHAPTER D. DISCIPLINARY ACTIONS
Sec. 162.051. CAUSE FOR REMOVAL OR SUSPENSION. A
commission rule prescribing cause for removal or suspension of a
law enforcement officer is not valid unless it involves one or more
of the following grounds:
(1) conviction of a felony or other crime involving
moral turpitude;
(2) acts of incompetency;
(3) neglect of duty;
(4) discourtesy to the public or to a fellow employee
while the law enforcement officer is in the line of duty;
(5) acts showing lack of good moral character;
(6) drinking intoxicants while on duty or intoxication
while off duty;
(7) conduct prejudicial to good order;
(8) refusal or neglect to pay just debts;
(9) absence without leave;
(10) shirking duty; or
(11) violation of an applicable sheriff's department
or constable's office rule or special order.
Sec. 162.052. DISCIPLINARY SUSPENSIONS. (a) The sheriff
or a constable may suspend a law enforcement officer under the
sheriff's or constable's supervision or jurisdiction for the
violation of a civil service rule. The suspension may be for a
reasonable period not to exceed 15 calendar days or for an
indefinite period. An indefinite suspension is equivalent to
dismissal from the sheriff's department or constable's office.
(b) If the sheriff or constable suspends a law enforcement
officer, the sheriff or constable shall, within 120 hours after the
hour of suspension, file a written statement with the commission
giving the reasons for the suspension. The sheriff or constable
shall immediately deliver a copy of the statement in person to the
suspended law enforcement officer.
(c) The copy of the written statement must inform the
suspended law enforcement officer that if the person wants to
appeal to the commission, the person must file a written appeal with
the commission not later than the 10th day after the date the person
receives the copy of the statement.
(d) The written statement filed by the sheriff or constable
with the commission must point out each civil service rule alleged
to have been violated by the suspended law enforcement officer and
must describe the alleged acts of the person that the sheriff or
constable contends are in violation of the civil service rules. It
is not sufficient for the sheriff or constable merely to refer to
the provisions of the rules alleged to have been violated.
(e) If the sheriff or constable does not specifically point
out in the written statement the act or acts of the law enforcement
officer that allegedly violated the civil service rules, the
commission shall promptly reinstate the person.
(f) If offered by the sheriff or constable, the law
enforcement officer 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 law enforcement officer
must accept the offer not later than the fifth working day after the
date the offer is made. If the person refuses the offer and wants to
appeal to the commission, the person must file a written appeal with
the commission not later than the 15th day after the date the person
receives the copy of the written statement of suspension.
(g) In the original written statement and charges and in any
hearing conducted under this chapter, the sheriff or constable may
not complain of an act that occurred earlier than the 180th day
preceding the date the sheriff or constable suspends the law
enforcement officer. If the act is allegedly related to criminal
activity including the violation of a federal, state, or local law
for which the law enforcement officer is subject to a criminal
penalty:
(1) the sheriff or constable may not complain of an act
that is discovered earlier than the 180th day preceding the date the
sheriff or constable suspends the law enforcement officer; and
(2) the sheriff or constable must allege that the act
complained of is related to criminal activity.
Sec. 162.053. APPEAL OF DISCIPLINARY SUSPENSION. (a) If a
suspended law enforcement officer appeals the suspension to the
commission, the commission shall hold a hearing and render a
decision in writing not later than the 30th day after the date it
receives notice of appeal. The suspended person and the commission
may agree to postpone the hearing for a definite period.
(b) In a hearing conducted under this section, the sheriff
or constable is restricted to the sheriff's or constable's original
written statement and charges, which may not be amended.
(c) The commission may deliberate the decision in closed
session but may not consider evidence that was not presented at the
hearing. The commission shall vote in open session.
(d) In its decision, the commission shall state whether the
suspended law enforcement officer is:
(1) permanently dismissed from the sheriff's
department or constable's office;
(2) temporarily suspended from the department or
office; or
(3) restored to the person's former position or status
in the department's or office's classified service.
(e) If the commission finds that the period of disciplinary
suspension should be reduced, the commission may order a reduction
in the period of suspension. If the commission orders that the
suspended law enforcement officer be restored to the position or
class of service from which the person was suspended, the law
enforcement officer is entitled to:
(1) immediate reinstatement to the position or class
of service from which the person was suspended, notwithstanding any
action filed in a court by the county or the sheriff or constable
challenging the commission's decision;
(2) full compensation for the actual time lost as a
result of the suspension at the rate of pay provided for the
position or class of service from which the person was suspended;
and
(3) restoration of or credit for any other benefits
lost as a result of the suspension, including sick leave, vacation
leave, and service credit in a retirement system.
(f) Standard payroll deductions, if any, for retirement and
other benefits restored shall be made from the compensation paid
under Subsection (e), and the county shall make its standard
corresponding contributions, if any, to the retirement system or
other applicable benefit systems.
(g) The commission may suspend or dismiss a law enforcement
officer only for violation of civil service rules and only after a
finding by the commission of the truth of specific charges against
the law enforcement officer.
Sec. 162.054. DEMOTIONS. (a) If the sheriff or constable
wants a law enforcement officer under the sheriff's or constable's
supervision or jurisdiction to be involuntarily demoted, the
sheriff or constable may recommend in writing to the commission
that the commission demote the law enforcement officer.
(b) The sheriff or constable must include in the
recommendation for demotion the reasons the sheriff or constable
recommends the demotion and a request that the commission order the
demotion. The sheriff or constable must immediately furnish a copy
of the recommendation in person to the affected law enforcement
officer.
(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 law
enforcement officer 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 law enforcement officer is entitled to a full and
complete public hearing, and the commission may not demote a law
enforcement officer without that public hearing.
(e) A voluntary demotion in which the law enforcement
officer has accepted the terms of the demotion in writing is not
subject to this section.
Sec. 162.055. UNCOMPENSATED DUTY OF LAW ENFORCEMENT
OFFICERS. (a) In this section, "uncompensated duty" means days of
law enforcement work without pay that are in addition to regular or
normal workdays.
(b) The sheriff or a constable may assign a law enforcement
officer under the sheriff's or constable's jurisdiction or
supervision to uncompensated duty. The sheriff or constable may
not impose uncompensated duty unless the law enforcement officer
agrees to accept the duty. If the law enforcement officer agrees to
accept uncompensated duty, the sheriff or constable shall give the
person a written statement that specifies the date or dates on which
the person will perform uncompensated duty.
(c) Uncompensated duty may be in place of or in combination
with a period of disciplinary suspension without pay. If
uncompensated duty is combined with a disciplinary suspension, the
total number of uncompensated days may not exceed 15.
(d) A law enforcement officer may not earn or accrue any
wage, salary, or benefit arising from length of service while the
person is suspended or performing uncompensated duty. The days on
which a law enforcement officer performs assigned uncompensated
duty may not be taken into consideration in determining eligibility
for a promotional examination. A disciplinary suspension does not
constitute a break in a continuous position or in service in the
sheriff's department or constable's office in determining
eligibility for a promotional examination.
(e) Except as provided by this section, a law enforcement
officer who performs assigned uncompensated duty retains all rights
and privileges of the person's position in the sheriff's department
or constable's office and of the person's employment by the county.
Sec. 162.056. PROCEDURES AFTER FELONY INDICTMENT OR
MISDEMEANOR COMPLAINT. (a) If a law enforcement officer is
indicted for a felony or officially charged with the commission of a
Class A or B misdemeanor, the sheriff or constable may temporarily
suspend the person 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 sheriff or constable shall notify the suspended law
enforcement officer in writing that the person is being temporarily
suspended for a specific period with or without pay and that the
temporary suspension is not intended to reflect an opinion on the
merits of the indictment or complaint.
(c) If the action directly related to the felony indictment
or misdemeanor complaint occurred or was discovered on or after the
180th day before the date of the indictment or complaint, the
sheriff or constable may, not later than the 30th day after the date
of final disposition of the indictment or complaint, bring a charge
against the law enforcement officer for a violation of civil
service rules.
(d) A law enforcement officer indicted for a felony or
officially charged with the commission of a Class A or B misdemeanor
who has also been charged by the sheriff or constable with civil
service violations 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.
(e) If the sheriff or constable temporarily suspends a law
enforcement officer under this section and the law enforcement
officer is not found guilty of the indictment or complaint in a
court of competent jurisdiction, the law enforcement officer may
appeal to the commission or to a hearing examiner for recovery of
back pay. The commission or hearing examiner may award all or part
of the back pay or reject the appeal.
(f) Acquittal or dismissal of an indictment or a complaint
does not mean that a law enforcement officer has not violated civil
service rules and does not negate the charges that may have been or
may be brought against the law enforcement officer by the sheriff or
constable.
(g) Conviction of a felony is cause for dismissal, and
conviction of a Class A or B misdemeanor may be cause for
disciplinary action or indefinite suspension.
(h) The sheriff or constable may order an indefinite
suspension based on an act classified as a felony or a Class A or B
misdemeanor after the 180-day period following the date of the
discovery of the act by the sheriff's department or constable's
office if the sheriff or constable considers delay to be necessary
to protect a criminal investigation of the person's conduct. If the
sheriff or constable intends to order an indefinite suspension
after the 180-day period, the sheriff or constable must file with
the attorney general a statement describing the criminal
investigation and its objectives not later than the 180th day after
the date the act complained of occurred.
Sec. 162.057. HEARING EXAMINERS. (a) In addition to the
other notice requirements prescribed by this chapter, the written
notice for a promotional bypass or the letter of disciplinary
action, as applicable, issued to a law enforcement officer must
state that in an appeal of an indefinite suspension, a suspension, a
promotional bypass, or a recommended demotion, the appealing law
enforcement officer may elect to appeal to an independent
third-party hearing examiner instead of to the commission. The
letter must also state that if the law enforcement officer elects to
appeal to a hearing examiner, the person waives all rights to appeal
to a district court except as provided by Subsection (j).
(b) To exercise the choice of appealing to a hearing
examiner, the appealing law enforcement officer must submit to the
director a written request as part of the original notice of appeal
required under this chapter stating the person's decision to appeal
to an independent third-party hearing examiner.
(c) The hearing examiner's decision is final and binding on
all parties. If the law enforcement officer decides to appeal to an
independent third-party hearing examiner, the person automatically
waives all rights to appeal to a district court except as provided
by Subsection (j).
(d) If the appealing law enforcement officer chooses to
appeal to a hearing examiner, the law enforcement officer and the
sheriff or constable, or their designees, shall first attempt to
agree on the selection of an impartial hearing examiner. If the
parties do not agree on the selection of a hearing examiner on or
before the 11th day after the date the appeal is filed, the director
shall immediately request a list of seven qualified neutral
arbitrators from the American Arbitration Association or the
Federal Mediation and Conciliation Service, or their successors in
function. The law enforcement officer and the sheriff or
constable, or their designees, may agree on one of the seven neutral
arbitrators on the list. If they do not agree on or before the fifth
working day after the date they received the list, each party or the
party's designee shall alternate striking a name from the list and
the name remaining is the hearing examiner. The parties or their
designees shall agree on a date for the hearing.
(e) The appeal hearing shall begin as soon as the hearing
examiner can be scheduled. If the hearing examiner cannot begin the
hearing on or before the 45th calendar day after the date of
selection, the law enforcement officer may, not later than the
second day after learning of that fact, call for the selection of a
new hearing examiner using the procedure prescribed by Subsection
(d).
(f) In each hearing conducted under this section, the
hearing examiner has the same duties and powers as the commission,
including the right to issue subpoenas.
(g) In a hearing conducted under this section, the parties
may agree to an expedited hearing procedure. Unless otherwise
agreed by the parties, in an expedited procedure the hearing
examiner shall render a decision on the appeal not later than the
10th day after the date the hearing ended.
(h) In an appeal that does not involve an expedited hearing
procedure, the hearing examiner shall make a reasonable effort to
render a decision on the appeal before the 31st day after the date
the hearing ends or the briefs are filed. The 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) The hearing examiner's fees and expenses are shared
equally by the appealing law enforcement officer and by the
sheriff's department or constable's office. The costs of a witness
are paid by the party who calls the witness.
(j) A district court may hear an appeal of a hearing
examiner's award only on the grounds that the arbitration panel was
without jurisdiction or exceeded its 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 sheriff's department or constable's office
is located.
(k) If the hearing examiner orders that the law enforcement
officer be reinstated to the position or class of service the person
held before the action by the sheriff's department or constable's
office that was the subject of the appeal, the law enforcement
officer is entitled to immediate reinstatement to that position or
class of service, notwithstanding any action filed in a court by the
county or the sheriff or constable challenging the hearing
examiner's decision.
[Sections 162.058-162.070 reserved for expansion]
SUBCHAPTER E. LEAVES
Sec. 162.071. LEAVES OF ABSENCE; RESTRICTION PROHIBITED.
(a) If a sufficient number of law enforcement officers are
available to carry out the normal functions of the sheriff's
department or constable's office, a law enforcement officer may not
be refused a reasonable leave of absence without pay to attend a law
enforcement school, convention, or meeting if the purpose of the
school, convention, or meeting is to secure a more efficient
department or office and better working conditions for department
or office personnel.
(b) A rule that affects a law enforcement officer's
constitutional right to appear before or to petition the
legislature may not be adopted.
Sec. 162.072. MILITARY LEAVE OF ABSENCE. (a) On written
application of a law enforcement officer, the commission shall
grant the person a military leave of absence without pay, subject to
Section 162.075, to enable the person to enter a branch of the
United States military service. The leave of absence may not exceed
the period of compulsory military service or the basic minimum
enlistment period for the branch of service the law enforcement
officer enters.
(b) The commission shall grant to a law enforcement officer
a leave of absence for initial training or annual duty in the
military reserves or the national guard.
(c) While a law enforcement officer who received a military
leave of absence serves in the military, the commission shall fill
the person's position in the sheriff's department or constable's
office in accordance with this chapter.
(d) On termination of active military service, a law
enforcement officer who received a military leave of absence under
this section is entitled to be reinstated to the position that the
person held in the sheriff's department or constable's office at the
time the leave of absence was granted if the person:
(1) receives an honorable discharge;
(2) remains physically and mentally fit to discharge
the duties of that position; and
(3) makes an application for reinstatement not later
than the 90th day after the date the person is discharged from
military service.
(e) On reinstatement, the law enforcement officer shall
receive full seniority credit for the time spent in the military
service.
(f) If the reinstatement of a law enforcement officer who
received a military leave of absence causes a surplus in the rank to
which the law enforcement officer was reinstated, the law
enforcement officer who has the least seniority in the position
shall be returned to the position immediately below the position to
which the returning law enforcement officer was reinstated. If a
law enforcement officer is returned to a lower position in grade or
compensation under this subsection without charges being filed
against the person for violation of civil service rules, the law
enforcement officer shall be placed on a position reinstatement
list in order of seniority. Appointments from the reinstatement
list shall be made in order of seniority. A person who is not on the
reinstatement list may not be appointed to a position to which the
list applies until the list is exhausted.
(g) If a law enforcement officer employed by a county is
called to active military duty for any period, the employing county
must continue to maintain any health, dental, or life insurance
coverage and any health or dental benefits coverage that the law
enforcement officer received through the county on the date the law
enforcement officer was called to active military duty until the
county receives written instructions from the law enforcement
officer to change or discontinue the coverage.
(h) In addition to other procedures prescribed by this
section, a law enforcement officer may, without restriction as to
the amount of time, voluntarily substitute for a law enforcement
officer described by Sections 162.075(b)(1) and (2) who has been
called to active federal military duty for a period expected to last
12 months or longer. A law enforcement officer who voluntarily
substitutes under this subsection must be qualified to perform the
duties of the absent law enforcement officer.
Sec. 162.073. LINE-OF-DUTY ILLNESS OR INJURY LEAVE OF
ABSENCE. (a) A county shall provide to a law enforcement officer a
leave of absence for an illness or injury related to the person's
line of duty. The leave is with full pay for a period commensurate
with the nature of the line-of-duty illness or injury. If
necessary, the leave shall continue for at least one year.
(b) At the end of the one-year period, the commissioners
court may extend the line-of-duty illness or injury leave at full or
reduced pay. If the law enforcement officer's leave is not extended
or the person's salary is reduced below 60 percent of the person's
regular monthly salary, and the person is a member of a pension
fund, the person may retire on pension until able to return to duty.
(c) If pension benefits are not available to a law
enforcement officer who is temporarily disabled by a line-of-duty
injury or illness and if the year at full pay and any extensions
granted by the commissioners court have expired, the law
enforcement officer may use accumulated sick leave, vacation time,
and other accrued benefits before the person is placed on temporary
leave.
(d) If a law enforcement officer is temporarily disabled by
an injury or illness that is not related to the person's line of
duty, the person may use all sick leave, vacation time, and other
accumulated time before the person is placed on temporary leave.
(e) After recovery from a temporary disability, a law
enforcement officer shall be reinstated at the same rank and with
the same seniority the person had before going on temporary leave.
Another law enforcement officer may voluntarily do the work of an
injured law enforcement officer until the person returns to duty.
Sec. 162.074. REAPPOINTMENT AFTER RECOVERY FROM
DISABILITY. With the commission's approval and if otherwise
qualified, a law enforcement officer who has been certified by a
physician selected by a pension fund as having recovered from a
disability for which the person has been receiving a monthly
disability pension is eligible for reappointment to the classified
position that the person held on the date the person qualified for
the monthly disability pension.
Sec. 162.075. MILITARY LEAVE TIME ACCOUNTS. (a) A county
shall maintain military leave time accounts for the applicable
sheriff's department or constable's office and must maintain a
separate military leave time account for each department or office.
(b) A military leave time account shall benefit a law
enforcement officer who:
(1) is a member of the Texas National Guard or the
armed forces reserves of the United States;
(2) was called to active federal military duty while
serving as a law enforcement officer for the county;
(3) has served on active duty for a period of 12
continuous months or longer; and
(4) has exhausted the balance of the person's
vacation, holiday, and compensatory leave time accumulations.
(c) A law enforcement officer may donate any amount of
accumulated vacation, holiday, sick, or compensatory leave time to
the military leave time account in that law enforcement officer's
department to help provide salary continuation for law enforcement
officers who qualify as eligible beneficiaries of the account under
Subsection (b). A law enforcement officer who wishes to donate time
to an account under this section must authorize the donation in
writing on a form provided by the sheriff's department or
constable's office and approved by the county.
(d) A county shall equally distribute the leave time donated
to a military leave time account among all law enforcement officers
who are eligible beneficiaries of that account. The county shall
credit and debit the applicable military leave time account on an
hourly basis regardless of the cash value of the time donated or
used.
[Sections 162.076-162.080 reserved for expansion]
SUBCHAPTER F. MISCELLANEOUS PROVISIONS
Sec. 162.081. DETERMINATION OF PHYSICAL AND MENTAL FITNESS.
(a) If a question arises as to whether a law enforcement officer is
sufficiently physically or mentally fit to continue the person's
duties, the law enforcement officer shall submit to the commission
a report from the person's personal physician, psychiatrist, or
psychologist, as appropriate.
(b) If the commission, the sheriff or constable, or the law
enforcement officer questions the report, the commission shall
appoint a physician, psychiatrist, or psychologist, as
appropriate, to examine the law enforcement officer and to submit a
report to the commission, the sheriff or constable, and the person.
(c) If the report of the appointed physician, psychiatrist,
or psychologist, as appropriate, disagrees with the report of the
law enforcement officer's personal physician, psychiatrist, or
psychologist, as appropriate, the commission shall appoint a
three-member board composed of a physician, a psychiatrist, and a
psychologist, or any combination, as appropriate, to examine the
law enforcement officer. The board's findings as to the person's
fitness for duty shall determine the issue.
(d) The law enforcement officer shall pay the cost of the
services of the person's personal physician, psychiatrist, or
psychologist, as appropriate. The county shall pay all other
costs.
Sec. 162.082. EFFICIENCY REPORTS. (a) The commission may
develop proper procedures and rules for semiannual efficiency
reports and grades for each law enforcement officer.
(b) If the commission collects efficiency reports on law
enforcement officers, the commission shall provide each officer
with a copy of that officer's report.
(c) Not later than the 10th calendar day after the date a law
enforcement officer receives the copy of the officer's efficiency
report, the officer may make a statement in writing concerning the
efficiency report. The statement shall be placed in the officer's
personnel file with the efficiency report.
Sec. 162.083. EMERGENCY APPOINTMENT OF TEMPORARY LAW
ENFORCEMENT OFFICERS. (a) If a county is unable to recruit
qualified law enforcement officers because of the maximum age limit
prescribed by Section 162.023 and the commissioners court finds
that this inability creates an emergency, the commission shall
recommend to the commissioners court additional rules governing the
temporary employment of persons who are 45 years of age or older.
(b) A person employed under this section:
(1) is designated as a temporary employee;
(2) is not eligible for pension benefits;
(3) is not eligible for appointment or promotion if a
permanent applicant or employee is available;
(4) is not eligible to become a full-fledged civil
service employee; and
(5) must be dismissed before a permanent civil service
employee may be dismissed under Section 162.084.
Sec. 162.084. FORCE REDUCTION AND REINSTATEMENT LIST. (a)
If a commissioners court adopts an order that vacates or abolishes a
sheriff's department or constable's office position, the law
enforcement officer who holds that position shall be demoted to the
position immediately below the vacated or abolished position. If
one or more positions of equal rank are vacated or abolished, the
law enforcement officers who have the least seniority in a position
shall be demoted to the position immediately below the vacated or
abolished position. If a law enforcement officer is demoted under
this subsection without charges being filed against the person for
violation of civil service rules, the law enforcement officer shall
be placed on a position reinstatement list in order of seniority.
If the vacated or abolished position is filled or re-created before
the first anniversary of the date it was vacated or abolished, the
position must be filled from the reinstatement list. Appointments
from the reinstatement list shall be made in order of seniority. A
person who is not on the list may not be appointed to the position
during the one-year period until the reinstatement list is
exhausted.
(b) If a position in the lowest classification is abolished
or vacated and a law enforcement officer must be dismissed from the
department or office, the law enforcement officer with the least
seniority shall be dismissed. If a law enforcement officer is
dismissed under this subsection without charges being filed against
the person for violation of civil service rules, the law
enforcement officer shall be placed on a reinstatement list in
order of seniority. Appointments from the reinstatement list shall
be made in order of seniority. Until the reinstatement list is
exhausted, a person may not be appointed from an eligibility list.
When a person has been on a reinstatement list for three years, the
person shall be dropped from the list but shall be restored to the
list at the request of the commission.
Sec. 162.085. POLITICAL ACTIVITIES. (a) While in uniform
or on active duty, a law enforcement officer may not take an active
part in another person's political campaign for an elective
position of the county.
(b) For the purposes of this section, a person takes an
active part in a political campaign if the person:
(1) makes a political speech;
(2) distributes a card or other political literature;
(3) writes a letter;
(4) signs a petition;
(5) actively and openly solicits votes; or
(6) makes public derogatory remarks about a candidate
for an elective position of the county.
(c) A law enforcement officer may not be required to
contribute to a political fund or to render a political service to a
person or party. A law enforcement officer may not be removed,
reduced in classification or salary, or otherwise prejudiced for
refusing to contribute to a political fund or to render a political
service.
(d) A county official who attempts to violate Subsection (c)
violates this chapter.
(e) Except as expressly provided by this section, the
commission or the commissioners court may not restrict a law
enforcement officer's right to engage in a political activity.
Sec. 162.086. STRIKE PROHIBITION. (a) A law enforcement
officer may not engage in a strike against the governmental agency
that employs the law enforcement officer.
(b) In addition to the penalty prescribed by Section
162.014, if a law enforcement officer is convicted of an offense for
violating this section, the person shall be automatically released
and discharged from the sheriff's department or constable's office.
After the person is discharged from the department or office, the
person may not receive any pay or compensation from public funds
used to support the sheriff's department or constable's office.
Sec. 162.087. UNLAWFUL RESIGNATION OR RETIREMENT. (a) A
person commits an offense if the person accepts money or anything of
value from another person in return for retiring or resigning from
the person's civil service position.
(b) A person commits an offense if the person gives money or
anything of value to another person in return for the other person's
retirement or resignation from the person's civil service position.
(c) An offense under this section is a Class A misdemeanor.
Sec. 162.088. PERSONNEL FILE. (a) The director or the
director's designee shall maintain a personnel file on each law
enforcement officer. The personnel file must contain any letter,
memorandum, or document relating to:
(1) a commendation, congratulation, or honor bestowed
on the law enforcement officer by a member of the public or by the
employing department or office for an action, duty, or activity
that relates to the person's official duties;
(2) any misconduct by the law enforcement officer if
the letter, memorandum, or document is from the employing
department or office and if the misconduct resulted in disciplinary
action by the employing department or office in accordance with
this chapter; and
(3) the periodic evaluation of the law enforcement
officer by a supervisor.
(b) A letter, memorandum, or document relating to alleged
misconduct by the law enforcement officer may not be placed in the
person's personnel file if the employing department or office
determines that there is insufficient evidence to sustain the
charge of misconduct.
(c) A letter, memorandum, or document relating to
disciplinary action taken against the law enforcement officer or to
alleged misconduct by the law enforcement officer that is placed in
the person's personnel file as provided by Subsection (a)(2) shall
be removed from the employee's file if the commission finds that:
(1) the disciplinary action was taken without just
cause; or
(2) the charge of misconduct was not supported by
sufficient evidence.
(d) If a negative letter, memorandum, document, or other
notation of negative impact is included in a law enforcement
officer's personnel file, the director or the director's designee
shall, not later than the 30th day after the date of the inclusion,
notify the affected law enforcement officer. The law enforcement
officer may, on or before the 15th day after the date of receipt of
the notification, file a written response to the negative letter,
memorandum, document, or other notation.
(e) The law enforcement officer is entitled, on request, to
a copy of any letter, memorandum, or document placed in the person's
personnel file. The county may charge the law enforcement officer a
reasonable fee not to exceed actual cost for any copies provided
under this subsection.
(f) The director or the director's designee may not release
any information contained in a law enforcement officer's personnel
file without first obtaining the person's written permission,
unless the release of the information is required by law.
(g) A sheriff's department or constable's office may
maintain a personnel file on a law enforcement officer employed by
the department or office for the department's or office's use, but
the department or office may not release any information contained
in the file to any agency or person requesting information relating
to a law enforcement officer. The department or office shall refer
to the director or the director's designee a person or agency that
requests information that is maintained in the law enforcement
officer's personnel file.
SECTION 2. The heading to Chapter 158, Local Government
Code, is amended to read as follows:
CHAPTER 158. [COUNTY] CIVIL SERVICE PROVISIONS FOR CERTAIN
COUNTIES
SECTION 3. This Act takes effect September 1, 2011.