HB2097 - Relating to deputy sheriff civil service appeals of certain sheriff's department actions.

  89R2272 CS-F     By: Martinez H.B. No. 2097       A BILL TO BE ENTITLED   AN ACT   relating to deputy sheriff civil service appeals of certain   sheriff's department actions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 158, Local Government Code, is amended   by adding Subchapter C to read as follows:   SUBCHAPTER C. DEPUTY SHERIFF APPEAL TO INDEPENDENT HEARING   EXAMINER           Sec.   158.101.     DEFINITION. In this subchapter, "commission"   means the civil service commission appointed to administer the   applicable civil service system.           Sec.   158.102.     APPLICABILITY OF SUBCHAPTER.     This   subchapter applies to a civil service system created under this   chapter that covers deputy sheriffs.           Sec.   158.103.     AUTHORITY TO APPEAL TO INDEPENDENT EXAMINER;   REPEAL OF AUTHORITY. (a)   If authorized to do so by commissioners   court order, a commission by rule may authorize deputy sheriffs to   appeal under this subchapter to an independent hearing examiner   instead of to the commission the following employment actions:                 (1)  a demotion or recommended demotion;                 (2)  a suspension of three days or more; or                 (3)  a termination.           (b)     A commissioners court may repeal the order authorizing   appeals to a hearing examiner under Subsection (a) at any time.   If   the commissioners court repeals the order, any pending appeal is   governed by this subchapter until final resolution of the appeal.           Sec.   158.104.     REQUIRED NOTICE OF HEARING EXAMINER APPEAL.     A written notice for a demotion or disciplinary action issued to a   deputy sheriff authorized to appeal under this subchapter must   state that in an appeal of a demotion or recommended demotion, a   suspension of three days or more, or a termination, the deputy may   appeal to an independent hearing examiner instead of to the   commission. The notice must state that if the deputy appeals to a   hearing examiner, the deputy waives the right to appeal to district   court except as provided by Section 158.111(c).           Sec.   158.105.     REQUEST FOR HEARING EXAMINER APPEAL.   To   appeal to a hearing examiner, a deputy sheriff must submit to the   commission and the sheriff a written request as part of any original   notice of appeal required under the commission's rules stating the   deputy's preference to appeal to an independent hearing examiner.           Sec.   158.106.     SELECTION OF HEARING EXAMINER.   (a)   On a   request under Section 158.105, the deputy sheriff and the sheriff,   or their designees, shall attempt to agree on the selection of an   independent hearing examiner.           (b)     If the deputy sheriff and the sheriff do not agree on the   selection of a hearing examiner before the 11th day 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.           (c)     The deputy sheriff and the sheriff, or their designees,   may agree on one of the seven arbitrators on the list described by   Subsection (b).   If the deputy and the sheriff do not agree before   the sixth business day 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.           Sec.   158.107.     DATE OF HEARING.   (a)   The deputy sheriff and   the sheriff, or their designees, must agree on a date for an appeal   hearing conducted under this subchapter.           (b)     An appeal hearing must begin as soon as a hearing   examiner can be scheduled. If a hearing examiner cannot begin the   hearing not later than the 45th day after the date of selection, the   deputy sheriff or the sheriff may, before the third day after the   date the deputy or sheriff learns of that fact, call for the   selection of a new hearing examiner using the procedure under   Section 158.106.           Sec.   158.108.     POWERS AND DUTIES OF HEARING EXAMINER.   In an   appeal hearing conducted under this subchapter, the hearing   examiner has the same powers and duties as the commission,   including any right to issue subpoenas.           Sec.   158.109.     DECISION DEADLINE.   (a)   In an appeal hearing   conducted under this subchapter, the deputy sheriff and the sheriff   may agree to an expedited hearing procedure. Unless otherwise   agreed to by the deputy and the sheriff, a hearing examiner shall   render a decision on the appeal in an expedited procedure not later   than the 10th day after the date the hearing ends.           (b)     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 not later than the 30th day after   the date the hearing ends or the briefs are filed.           (c)     A hearing examiner's inability to meet the time   requirements imposed by this subchapter does not affect the hearing   examiner's jurisdiction, the validity of the disciplinary action,   or the hearing examiner's final decision.           Sec.   158.110.     COSTS OF HEARING.   (a)   A party who loses an   appeal is liable for the hearing examiner's fees and expenses.           (b)     The costs of a witness are paid by the party who calls   the witness.           Sec.   158.111.     APPEAL OF DECISION.   (a)   A hearing examiner's   decision is final and binding on all parties.           (b)     A deputy sheriff who appeals to a hearing examiner   waives the right to appeal to district court except as provided by   Subsection (c).           (c)     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 a district court   having jurisdiction in the county in which the sheriff's department   is located.          SECTION 2.  This Act takes effect September 1, 2025.