HB3319 - Relating to the establishment of a constable's department civil service system in certain counties; creating a criminal offense.

  89R4649 DNC-F     By: Morales Shaw, et al. H.B. No. 3319       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a constable's department civil   service system in certain counties; creating a criminal offense.          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. CONSTABLE'S DEPARTMENT CIVIL SERVICE SYSTEM IN   CERTAIN COUNTIES           Sec. 158.101.  DEFINITIONS. In this subchapter:                 (1)     "Commission" means a civil service commission for   all of a county's employees.                 (2)  "Department" means a constable's department.                 (3)     "Employee" means a department employee, including   a deputy constable.           Sec.   158.102.     ELIGIBLE COUNTIES. A county with a   population of more than 3.3 million may, in accordance with this   subchapter, create a civil service system for all of the county's   employees.           Sec.   158.103.     ESTABLISHMENT BY PETITION AND ELECTION. (a)     If at least 20 percent of a county's employees sign a petition   requesting an election under this section and present the petition   to the county judge, the judge shall order an election on the   question of the creation of a civil service system for all employees   in the county.           (b)     The county judge shall hold the election after the 15th   day but on or before the 45th day after the date the petition is   submitted.   The election must be by secret ballot, and each employee   is entitled to vote at the election.           (c)     The ballots for the election shall be printed to provide   for voting for or against the proposition: "Creation of a civil   service system for all constable's department employees in the   county."           (d)     The county judge shall canvass the votes and declare the   result.           Sec.   158.104.     ESTABLISHMENT BY ORDER. In lieu of   establishment under Section 158.103, the commissioners court of a   county may by order create a civil service system for all employees   in the county.           Sec.   158.105.     APPOINTMENT OF COMMISSION. (a) If a majority   of the employees voting at the election approve the creation of or   the commissioners court by order creates a civil service system,   each constable, the commissioners court, and the district attorney   shall each appoint one person to serve as a member of the   commission.           (b)     The members of the commission shall elect one of the   members as chair of the commission.           (c)     Each member of the commission is appointed for a term of   two years.           (d)     The person who appointed a member of the commission   whose position becomes vacant shall appoint a person to serve the   unexpired part of the member's term.           (e)     To be eligible for appointment to the commission, a   person must:                 (1)  be at least 25 years old; and                 (2)     have resided in the county for the three years   immediately preceding the date on which the person's term will   begin.           Sec.   158.106.     POWERS OF COMMISSION. (a)   The commission   shall adopt, publish, and enforce rules regarding:                 (1)  selection and classification of employees;                 (2)  competitive examinations;                 (3)  promotions, seniority, and tenure;                 (4)  layoffs and dismissals;                 (5)  disciplinary actions;                 (6)  grievance procedures;                 (7)     the rights of employees during an internal   investigation; and                 (8)     other matters relating to the selection of   employees and the procedural and substantive rights, advancement,   benefits, and working conditions of employees.           (b)     The commission may adopt or use as a guide any civil   service law or rule of the United States, this state, or a political   subdivision in this state to the extent that the law or rule   promotes the purposes of this subchapter and is consistent with the   needs and circumstances of the departments.           (c)     A panel of three commissioners shall preside at the   hearing and vote on the commission's final decision in any case   involving termination, demotion, or recovery of back pay.   A   panel's decision is the final decision of the commission for   purposes of Sections 158.107 and 158.110.   The commission shall   adopt rules prescribing the commission's procedures for assigning   members to a panel.   A panel may not include the member who was   appointed to the commission by a constable when the hearing   involves an employee from that constable's department.           (d)     In rendering a final decision regarding a disciplinary   action by the department, the commission may only sustain,   overturn, or reduce the disciplinary action.   The commission may   not enhance a disciplinary action by the department.           Sec.   158.107.     PROCEDURES AFTER FELONY INDICTMENT OR   MISDEMEANOR COMPLAINT. (a)   If an employee is indicted for a felony   or officially charged with the commission of a Class A or B   misdemeanor, the constable may temporarily suspend the employee   with or without pay for a period not to exceed 30 days after the date   of final disposition of the specified felony indictment or   misdemeanor complaint.           (b)     The constable shall notify the suspended employee in   writing that the person is being temporarily suspended for a   specific period, with or without pay, as applicable, and that the   temporary suspension is not intended to reflect an opinion on the   merits of the indictment or complaint.           (c)     An employee indicted for a felony or officially charged   with the commission of a Class A or B misdemeanor who has also been   charged by the constable with a civil service rule violation   directly related to the indictment or complaint may delay the civil   service hearing for not more than 30 days after the date of the   final disposition of the indictment or complaint.           (d)     If the constable temporarily suspends an employee under   this section and the employee is not found guilty as charged in the   indictment or complaint in a court of competent jurisdiction, the   employee may appeal to the commission for recovery of back pay.   The   commission may:                 (1)  award all or part of the back pay; or                 (2)  modify or uphold the decision by the constable.           (e)     Acquittal or dismissal of an indictment or a complaint   does not mean that an employee has not violated a civil service rule   and does not negate the charges that may have been or may be brought   against the employee by the constable.           (f)     Conviction of a felony is cause for dismissal, and   conviction of a Class A or B misdemeanor may be cause for   disciplinary action or dismissal.           Sec.   158.108.     AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER   OATHS; CRIMINAL OFFENSE. (a)   In a proceeding before the commission   under this subchapter, the chair of the commission shall, on   request of a person described by Subsection (b):                 (1)  administer oaths; and                 (2)     issue subpoenas and subpoenas duces tecum for the   attendance of witnesses and for the production of documentary   material.           (b)     The affected employee, the county attorney, or a   designee of the employee or the county attorney may request the   chair of the commission to subpoena any books, records, documents,   papers, accounts, or witnesses that the requestor considers   relevant to the case.   The request must be made before the 10th day   before the date a commission proceeding will be held.           (c)     An oath administered under this section has the same   force and effect as an oath administered by a magistrate in the   magistrate's judicial capacity.           (d)     A response to a subpoena duces tecum under this section   is considered to have been made under oath.           (e)     A person who is subpoenaed commits an offense if the   person fails to appear as required by the subpoena.   An offense   under this section is a misdemeanor punishable by a fine up to   $1,000, confinement in the county jail for not more than 30 days, or   both the fine and confinement.           Sec.   158.109.     COMPENSATION AND STAFF. The members of the   commission serve without compensation, but the commissioners court   shall reimburse each member for actual and necessary expenses   incurred in performing the member's duties.   The commissioners   court shall provide the commission with adequate office space and   sufficient funds to employ an adequate staff and to purchase   necessary supplies and equipment.           Sec.   158.110.     APPEALS. (a)   An employee who, on a final   decision by the commission, is demoted, suspended, or removed from   a position may appeal the decision by filing a petition in a   district court in the county within 30 days after the date of the   decision.           (b)     An appeal under this section is under the substantial   evidence rule, and the judgment of the district court is appealable   as in other civil cases.           (c)     If the district court renders judgment for the   petitioner, the court may order reinstatement of the employee,   payment of back pay, or other appropriate relief.           Sec.   158.111.     REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. (a)     The same standards described by Section 158.0121 apply to an appeal   under Section 158.110.           (b)     The procedures for review under Section 158.110 are the   same as provided by Section 158.0122.           (c)     The commission may require a party who appeals a   decision under Section 158.110 to pay the cost of preparing the   commission record in the same manner provided by Section 158.0123.           Sec.   158.112.     EXEMPTIONS. (a)   A person who is an employee   on the date that a civil service system is adopted under this   subchapter may not be required to take a competitive examination or   perform any other act under this subchapter to maintain the   person's employment.           (b)     Each constable of a county may designate as exempt from   the civil service system:                 (1)  the position of chief deputy;                 (2)     four positions in the rank immediately under the   rank of chief deputy;                 (3)     one or more positions in the office of   departmental legal counsel; and          [Text truncated for display. Full text available on Congress.gov.]