Bill Text: TX HB3752 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to an appeal by certain law enforcement agency employees under county civil service to an independent third-party hearing examiner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-16 - No action taken in committee [HB3752 Detail]
Download: Texas-2015-HB3752-Introduced.html
| 84R11240 TJB-F | ||
| By: Lucio III | H.B. No. 3752 | |
|
|
||
|
|
||
| relating to an appeal by certain law enforcement agency employees | ||
| 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 LAW | ||
| ENFORCEMENT AGENCY EMPLOYEE. (a) In this section, "law | ||
| enforcement agency employee" means a person subject to a civil | ||
| service system created under this subchapter who is an employee of a | ||
| sheriff's or constable's department. | ||
| (b) In addition to other notice requirements under this | ||
| subchapter, a written notice for a demotion or disciplinary action | ||
| issued to a law enforcement agency employee must state that in an | ||
| appeal of a termination or indefinite suspension, a suspension of | ||
| not less than three days, or a recommended demotion, the employee | ||
| may appeal to an independent third-party hearing examiner instead | ||
| of to the commission. The letter must state that if the employee | ||
| appeals to a hearing examiner, the employee waives the right to | ||
| appeal to district court except as provided by Subsection (k). | ||
| Failure to provide notice under this subsection does not affect the | ||
| employee's right to appeal to an independent third-party hearing | ||
| examiner under this section. | ||
| (c) To appeal to a hearing examiner, a law enforcement | ||
| agency employee must submit to the commission a written request as | ||
| part of any original notice of appeal required under this | ||
| subchapter stating the employee's decision to appeal to an | ||
| independent third-party hearing examiner. | ||
| (d) A hearing examiner's decision is final and binding on | ||
| all parties. If a law enforcement agency employee decides to appeal | ||
| to an independent third-party hearing examiner, the employee waives | ||
| the right to appeal to district court except as provided by | ||
| Subsection (k). | ||
| (e) If a law enforcement agency employee appeals to a | ||
| hearing examiner, the employee and the sheriff or constable, as | ||
| applicable, or their designees, shall attempt to agree on the | ||
| selection of an impartial hearing examiner. If the parties do not | ||
| agree on the selection of a hearing examiner within 10 days after | ||
| the date the appeal is filed, the commission shall immediately | ||
| request a list of seven qualified and neutral arbitrators from the | ||
| American Arbitration Association or the Federal Mediation and | ||
| Conciliation Service, or their successors in function. The | ||
| parties, or their designees, may agree on one of the seven | ||
| arbitrators on the list. If the parties do not agree within five | ||
| business days after the date the list is received, the parties, or | ||
| their designees, shall alternate striking a name from the list and | ||
| the name remaining is the hearing examiner. The parties, or their | ||
| designees, must agree on a date for the hearing. | ||
| (f) 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 employee | ||
| may, within two days after learning of that fact, call for the | ||
| selection of a new hearing examiner using the procedure under | ||
| Subsection (e). | ||
| (g) 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. | ||
| (h) In a hearing conducted under this section, the parties | ||
| may agree to an expedited hearing procedure. Unless otherwise | ||
| agreed to by the parties, in an expedited procedure a hearing | ||
| examiner shall render a decision on the appeal within 10 days after | ||
| the date the hearing ends. | ||
| (i) 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. | ||
| (j) The parties are jointly liable for the hearing | ||
| examiner's fees and expenses. The costs of a witness are paid by | ||
| the party who calls the witness. | ||
| (k) A district court may hear an appeal of a hearing | ||
| examiner's award only on the grounds that the hearing examiner was | ||
| without jurisdiction or exceeded the hearing examiner's | ||
| jurisdiction or that the order was procured by fraud, collusion, or | ||
| other unlawful means. An appeal must be brought in the district | ||
| court having jurisdiction in the county in which the department is | ||
| located. | ||
| SECTION 2. Subchapter B, Chapter 158, Local Government | ||
| Code, is amended by adding Section 158.0375 to read as follows: | ||
| Sec. 158.0375. APPEAL TO HEARING EXAMINER BY SHERIFF'S | ||
| DEPARTMENT EMPLOYEE. (a) In addition to other notice requirements | ||
| under this subchapter, a written notice for a demotion or | ||
| disciplinary action issued to an employee must state that in an | ||
| appeal of a termination or indefinite suspension, a suspension of | ||
| not less than three days, or a recommended demotion, the employee | ||
| may appeal to an independent third-party hearing examiner instead | ||
| of to the commission. The letter must state that if the employee | ||
| appeals to a hearing examiner, the employee waives the right to | ||
| appeal to district court except as provided by Subsection (j). | ||
| Failure to provide notice under this subsection does not affect the | ||
| employee's right to appeal to an independent third-party hearing | ||
| examiner under this section. | ||
| (b) To appeal to a hearing examiner, an employee must submit | ||
| to the commission a written request as part of any original notice | ||
| of appeal required under this subchapter stating the employee'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 an employee decides to appeal to an independent | ||
| third-party hearing examiner, the employee waives the right to | ||
| appeal to district court except as provided by Subsection (j). | ||
| (d) If an employee appeals to a hearing examiner, the | ||
| employee and the sheriff, or their designees, shall attempt to | ||
| agree on the selection of an impartial hearing examiner. If the | ||
| employee 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 immediately request a list of seven qualified and | ||
| neutral arbitrators from the American Arbitration Association or | ||
| the Federal Mediation and Conciliation Service, or their successors | ||
| in function. The employee and the sheriff, or their designees, may | ||
| agree on one of the seven arbitrators on the list. If the employee | ||
| and the sheriff do not agree within five business days after the | ||
| date the list is received, the employee and the sheriff, or their | ||
| designees, shall alternate striking a name from the list and the | ||
| name remaining is the hearing examiner. The employee 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 employee | ||
| 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 employee | ||
| and the sheriff may agree to an expedited hearing procedure. Unless | ||
| otherwise agreed to by the employee 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) The parties are jointly 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, 2015. | ||
