Bill Text: TX HB2071 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to an appeal by a deputy sheriff under county civil service to an independent third-party hearing examiner.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-04-14 - Left pending in committee [HB2071 Detail]
Download: Texas-2011-HB2071-Introduced.html
| 82R10465 TJB-F | ||
| By: Martinez | H.B. No. 2071 | |
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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 HEARING EXAMINER BY DEPUTY | ||
| SHERIFF. (a) In addition to other notice requirements under this | ||
| subchapter, a written notice for a demotion or disciplinary action | ||
| issued to a deputy sheriff must state that in an appeal of a | ||
| termination or indefinite suspension, a suspension of not less than | ||
| three days, or a recommended demotion, a deputy may appeal to an | ||
| independent third-party hearing examiner instead of to the | ||
| commission. The letter must state that if a deputy appeals to a | ||
| hearing examiner, the deputy waives the right to appeal to district | ||
| court except as provided by Subsection (j). Failure to provide | ||
| notice under this subsection does not affect a deputy's right to | ||
| appeal to an independent third-party hearing examiner under this | ||
| section. | ||
| (b) To appeal to a hearing examiner, a deputy sheriff must | ||
| submit to the commission a written request as part of any original | ||
| notice of appeal required under this subchapter stating the | ||
| deputy's decision to appeal to an independent third-party hearing | ||
| examiner. | ||
| (c) A hearing examiner's decision is final and binding on | ||
| all parties. If a deputy sheriff decides to appeal to an | ||
| independent third-party hearing examiner, the deputy waives the | ||
| right to appeal to district court except as provided by Subsection | ||
| (j). | ||
| (d) If a deputy sheriff appeals 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 | ||
| 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, in an expedited | ||
| procedure a hearing examiner shall render a decision on the appeal | ||
| 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 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 HEARING EXAMINER BY DEPUTY | ||
| SHERIFF. (a) In addition to other notice requirements under this | ||
| subchapter, a written notice for a demotion or disciplinary action | ||
| issued to a deputy sheriff must state that in an appeal of a | ||
| termination or indefinite suspension, a suspension of not less than | ||
| three days, or a recommended demotion, a deputy may appeal to an | ||
| independent third-party hearing examiner instead of to the | ||
| commission. The letter must state that if a deputy appeals to a | ||
| hearing examiner, the deputy waives the right to appeal to district | ||
| court except as provided by Subsection (j). Failure to provide | ||
| notice under this subsection does not affect a deputy's right to | ||
| appeal to an independent third-party hearing examiner under this | ||
| section. | ||
| (b) To appeal to a hearing examiner, a deputy sheriff must | ||
| submit to the commission a written request as part of any original | ||
| notice of appeal required under this subchapter stating the | ||
| deputy's decision to appeal to an independent third-party hearing | ||
| examiner. | ||
| (c) A hearing examiner's decision is final and binding on | ||
| all parties. If a deputy sheriff decides to appeal to an | ||
| independent third-party hearing examiner, the deputy waives the | ||
| right to appeal to district court except as provided by Subsection | ||
| (j). | ||
| (d) If a deputy sheriff appeals 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 | ||
| 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, in an expedited | ||
| procedure a hearing examiner shall render a decision on the appeal | ||
| 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 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, 2011. | ||
