Bill Text: TX HB2174 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to sheriff's department civil service systems in certain counties.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-03-14 - Referred to s/c on County & Regional Government by Speaker [HB2174 Detail]
Download: Texas-2025-HB2174-Introduced.html
| By: Muñoz | H.B. No. 2174 | |
|
|
||
|
|
||
| relating to sheriff's department civil service systems in certain | ||
| counties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 158, Local Government | ||
| Code, is amended by adding Sections 158.0352 and 158.0353 to read as | ||
| follows: | ||
| Sec. 158.0352. DISCIPLINARY SUSPENSION OR TERMINATION. (a) | ||
| The sheriff may suspend or terminate an employee for the violation | ||
| of a civil service rule. A suspension under this section may be for | ||
| a reasonable period not to exceed 15 calendar days. | ||
| (b) If the sheriff suspends or terminates an employee, the | ||
| sheriff shall, within 120 hours after the hour of suspension or | ||
| termination, file a written statement with the commission giving | ||
| the reasons for the suspension or termination. The sheriff shall | ||
| immediately deliver a copy of the statement in person to the | ||
| suspended or terminated employee. | ||
| (c) The copy of the written statement must inform the | ||
| suspended or terminated employee that if the employee wants to | ||
| appeal to the commission, the employee must file a written appeal | ||
| with the commission within 10 days after the date the employee | ||
| receives the copy of the statement. | ||
| (d) The written statement filed by the sheriff with the | ||
| commission must identify each civil service rule alleged to have | ||
| been violated by the suspended or terminated employee and must | ||
| describe the alleged acts of the employee that the sheriff contends | ||
| are in violation of the civil service rules. It is not sufficient | ||
| for the sheriff merely to refer to the provisions of the rules | ||
| alleged to have been violated. | ||
| (e) If the sheriff does not specifically identify in the | ||
| written statement the act or acts of the suspended or terminated | ||
| employee that allegedly violated the civil service rules, the | ||
| commission shall promptly reinstate the employee. | ||
| (f) If offered by the sheriff, the suspended or terminated | ||
| employee 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 employee must accept the offer within | ||
| five working days after the date the offer is made. If the employee | ||
| refuses the offer and wants to appeal to the commission, the | ||
| employee must file a written appeal with the commission in | ||
| accordance with Section 158.037. | ||
| (g) In the original written statement and charges and in any | ||
| hearing conducted under this subchapter, the sheriff may not | ||
| complain of an act that occurred earlier than the 180th day | ||
| preceding the date the sheriff suspends or terminates the employee. | ||
| If the act is allegedly related to criminal activity, including the | ||
| violation of a federal, state, or local law for which the employee | ||
| is subject to a criminal penalty: | ||
| (1) the sheriff may not complain of an act that is | ||
| discovered earlier than the 180th day preceding the date the | ||
| sheriff suspends or terminates the employee; and | ||
| (2) the sheriff must allege that the act complained of | ||
| is related to criminal activity. | ||
| Sec. 158.0353. DEMOTIONS. (a) The sheriff may recommend to | ||
| the commission in writing that the commission demote a nonexempt | ||
| employee involuntarily. | ||
| (b) The sheriff must include in the recommendation for | ||
| demotion the reasons for the recommended demotion and a request | ||
| that the commission order the demotion. The sheriff must | ||
| immediately furnish a copy of the recommendation in person to the | ||
| affected employee. | ||
| (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 employee | ||
| 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 employee is entitled to a full and complete public | ||
| hearing, and the commission may not demote an employee without that | ||
| public hearing. | ||
| (e) A voluntary demotion in which the employee has accepted | ||
| the terms of the demotion in writing is not subject to this section. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
