HB2174 - Relating to sheriff's department civil service systems in certain counties.

      By: Muñoz H.B. No. 2174       A BILL TO BE ENTITLED   AN ACT   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.