CHAPTER 158. COUNTY CIVIL SERVICE - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES

CHAPTER 158. COUNTY CIVIL SERVICE

SUBCHAPTER A. COUNTY CIVIL SERVICE SYSTEM

Sec. 158.001. DEFINITIONS. In this subchapter:

(1) "Commission" means a county civil service commission.

(2) "Employee" means a person who obtains a position by

appointment and who is not authorized by statute to perform

governmental functions involving an exercise of discretion in the

person's own right, unless the person is included by a local

civil service rule adopted under the procedures outlined in

Section 158.009; or a person included in the coverage of a county

civil service system as the result of an election held under

Section 158.007. The term does not include a person who holds an

office the term of which is limited by the constitution of this

state.

(3) "Department" means a county, district, or precinct office or

officer, agency, or board that has jurisdiction and control of

the performance of employees' official duties. The term includes

a sheriff's department.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 881, Sec. 1, eff. Sept. 1,

1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

833, Sec. 1, eff. June 15, 2007.

Sec. 158.002. ELIGIBLE COUNTIES. A county with a population of

190,000 or more may, in accordance with this subchapter, create a

county civil service system to include all the employees of the

county who are not exempted from the system by the express terms

or judicial interpretations of this subchapter or by the

operation of Subchapter B.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

833, Sec. 2, eff. June 15, 2007.

Sec. 158.0025. CREATION OF SHERIFF'S DEPARTMENT CIVIL SERVICE

SYSTEM IN CERTAIN COUNTIES NOT COVERED BY SUBCHAPTER B. (a)

This section applies only to a county with a population of

190,000 or more, other than:

(1) a county that has created a civil service system under this

subchapter to include those employees of the county described by

Section 158.002; or

(2) a county in which the sheriff's department is eligible to

create a civil service system under Subchapter B.

(b) Notwithstanding any other provision of this subchapter, the

commissioners court of a county to which this section applies may

create a civil service system under this section to include only

the employees of the sheriff's department of the county.

(c) A sheriff's department civil service system may be created

under this section by an order in accordance with Section 158.003

or by an election in accordance with Section 158.004.

(d) Notwithstanding Section 158.005(b), if an election is

ordered under Section 158.004 on the question of the creation of

a sheriff's department civil service system under this section,

the commissioners court shall order the ballot at the election to

be printed to provide voting for or against the proposition:

"Creation of a civil service system for the sheriff's department

of the county."

(e) Notwithstanding Section 158.014(c), if an election is called

to determine whether a sheriff's department civil service system

created under this section will be dissolved under that section,

the commissioners court shall order the ballot at the election to

be printed to provide voting for or against the proposition:

"Dissolution of the civil service system for the sheriff's

department of the county."

(f) Sections 158.0065 and 158.007 do not apply to a sheriff's

department civil service system created under this section.

(g) Except as otherwise provided by this section, the provisions

of this subchapter that would govern the operation of a civil

service system created for all employees of a county under this

chapter apply to the operation of a civil service system created

for the employees of the sheriff's department of a county under

this section.

Added by Acts 2005, 79th Leg., Ch.

414, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

833, Sec. 3, eff. June 15, 2007.

Sec. 158.003. CREATION BY ORDER. (a) A county civil service

system may be created by an order adopted by a majority of the

members of the commissioners court of the county.

(b) A copy of an order adopted under this section shall be

placed in the minutes of the court's proceedings. The copy of the

order is public information.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.004. CREATION BY ELECTION. (a) A county civil service

system may be created by approval of the system by a majority of

the qualified voters of the county voting at an election called

for that purpose.

(b) The commissioners court by order may call an election on the

question of the creation of a county civil service system.

(c) The commissioners court shall hold the election called under

this section on the first authorized uniform election date

prescribed by Chapter 41, Election Code, that allows sufficient

time for publication of the notice required by Subsection (e) and

for compliance with any other requirements established by law.

(d) The order calling the election must specify the date, time,

and place of the election, the form of the ballots, and the name

of the presiding judge for each voting place.

(e) In addition to the notice required by Chapter 4, Election

Code, the commissioners court must publish in a newspaper of

general circulation in the county a substantial copy of the order

calling the election. The first publication must be made on or

before the 15th day before the date of the election and continue

once a week for two consecutive weeks.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.005. BALLOTS AND VOTING AT ELECTION TO CREATE SYSTEM.

(a) Each qualified voter of the county is entitled to vote at

the election.

(b) The commissioners court shall order the ballot at the

election to be printed to provide for voting for or against the

proposition: "Creation of a county civil service system."

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.006. RESULT OF ELECTION TO CREATE SYSTEM. (a) The

presiding judge of each voting place shall supervise the counting

of votes cast at the election.

(b) Within 24 hours after the election, each judge shall certify

to the commissioners court the results of the election at the

voting place.

(c) A copy of the results of the election shall be filed with

the county clerk. The copy on file with the county clerk is a

public record.

(d) If the proposition is approved, the commissioners court

shall declare the result and by order create the county civil

service system. A copy of the order creating the system shall be

placed in the minutes of the court's proceedings.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.0065. PETITION TO CREATE BY ORDER OR ELECTION. (a)

This section applies only in a county with a population of

290,000 or more that would not be eligible to expand or dissolve

the system under Section 158.007.

(b) The commissioners court of a county that receives a petition

signed by at least 50 percent of the county's employees

requesting the creation of a county civil service system shall

vote not later than the 30th day after the date that the court

receives the petition whether to create a system by adopting an

order under Section 158.003. If the court does not create a

system as provided by Section 158.003, the court shall call an

election to decide the question as provided by Sections

158.004-158.006.

Added by Acts 1991, 72nd Leg., ch. 548, Sec. 1, eff. June 15,

1991.

Sec. 158.007. EXPANDED COVERAGE OR DISSOLUTION OF SYSTEM IN

POPULOUS COUNTIES. (a) In a county that has a population of

more than 1.3 million and a civil service system created under

this subchapter, the qualified voters of the county, voting at an

election called for that purpose, may determine whether the

system will be dissolved or expanded to cover the employees,

except licensed attorneys, of the office of district or criminal

district attorney, the adult and juvenile probation officers and

their assistants, personnel in the county auditor's office

including all assistant county auditors, and all other employees

of the county not included in the coverage of the system and not

specifically exempted by Section 158.013 or Subchapter B.

(b) The commissioners court of an eligible county by order may

call an election on the question of the expansion or dissolution

of a county civil service system as provided by Subsection (a).

(c) Except as otherwise provided by this section, the election

must be held in the manner provided for an election to create a

county civil service system.

(d) The election must be held on the date of the general

election for state and county officers.

(e) Each qualified voter of the county is entitled to vote at

the election.

(f) The commissioners court shall order the ballot at the

election to be printed to provide for voting for or against the

proposition: "Keeping and expanding the county civil service

system."

(g) The commissioners court shall declare the results and, if

the proposition is approved by a majority of the qualified voters

voting at the election, by order expand the coverage of the

system as provided by Subsection (a). If the proposition is not

so approved, the commissioners court by order shall dissolve the

county civil service system. A copy of the order expanding or

dissolving the system shall be placed in the minutes of the

court's proceedings.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2001, 77th Leg., ch. 669, Sec. 70, eff. Sept. 1,

2001.

Sec. 158.008. APPOINTMENT OF COMMISSION. (a) If a civil

service system is created under this subchapter, the

commissioners court shall appoint three persons to serve as the

members of the civil service commission that administers the

system. The commissioners court shall designate one of the

members as chairman of the commission.

(b) Each member of the commission is appointed for a term of two

years.

(c) The commissioners court shall fill a vacancy on the

commission by appointing a person to serve the unexpired part of

the term of the member whose position is vacant.

(d) 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.

(e) A member of the commissioners court of a county with a

population of 1.8 million or more is not prohibited from being

appointed to the civil service commission.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2001, 77th Leg., ch. 830, Sec. 1, eff. June 14,

2001.

Sec. 158.009. POWERS OF THE COMMISSION. (a) Except as provided

by Section 158.010, the commission shall adopt, publish, and

enforce rules regarding:

(1) the definition of a county employee;

(2) selection and classification of county employees;

(3) competitive examinations;

(4) promotions, seniority, and tenure;

(5) layoffs and dismissals;

(6) disciplinary actions;

(7) grievance procedures; and

(8) other matters relating to the selection of county employees

and the procedural and substantive rights, advancement, benefits,

and working conditions of county 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 serves the needs of

the county.

(c) The commission may not adopt or enforce a rule requiring a

county employee to retire because of age. The commission may

adopt a rule requiring a county employee, on reaching an age set

by the commission, to submit annually to the commission an

affidavit from a physician stating that the employee is

physically and mentally capable of continuing employment.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 881, Sec. 2, eff. Sept. 1,

1989.

Sec. 158.010. EMPLOYMENT BY DEPARTMENTS. (a) The head of each

department included in the coverage of a county civil service

system may assume responsibility for selecting all persons who

are to be employees of that department.

(b) A person employed by a department whose head has assumed

responsibility as provided by Subsection (a) serves as a

probationary employee during the first six months after selection

and may not be included in the coverage of the county civil

service system during that six-month period. At the end of the

six-month period the person's employment may be terminated or the

person may be made a permanent employee by the head of the

department.

(c) On becoming a permanent employee, a person comes under the

coverage of the county civil service system and is fully entitled

to all benefits of and subject to all obligations imposed by the

system.

(d) This section does not affect the status of any person who is

an employee of a department under a county civil service system

on the date the head of the department assumes responsibility for

selecting persons who are to be employees of that department.

(e) The rules adopted by the commission under Section 158.009

relating to the selection and classification of county employees

and to competitive examinations for selection apply to the

initial hiring of personnel under this section.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 881, Sec. 3, eff. Sept. 1,

1989.

Sec. 158.011. COMPENSATION AND STAFF. The members of the

commission serve without compensation, but the commissioners

court shall reimburse each member for all 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.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.012. APPEALS. (a) A county employee who, on a final

decision by the commission, is demoted, suspended, or removed

from the employee's 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.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 68, Sec. 1, eff. Sept. 1,

1997.

Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In an

appeal under Section 158.012, the district court may not

substitute its judgment for the judgment of the commission on the

weight of the evidence on questions committed to the commission's

discretion but:

(1) may affirm the commission's decision in whole or in part;

and

(2) shall reverse or remand the case for further proceedings if

substantial rights of the petitioner have been prejudiced because

the commission's findings, inferences, conclusions, or decisions

are:

(A) in violation of a constitutional or statutory provision;

(B) in excess of the commission's authority;

(C) made through unlawful procedure;

(D) affected by other error of law;

(E) not reasonably supported by substantial evidence considering

the reliable and probative evidence in the record as a whole; or

(F) arbitrary or capricious, characterized by abuse of

discretion, or clearly an unwarranted exercise of discretion.

Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1,

1997.

Sec. 158.0122. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL EVIDENCE

RULE. (a) After service of the petition on the commission and

within the time permitted for filing an answer or within

additional time allowed by the court, the commission shall send

to the reviewing court the original or a certified copy of the

entire record of the proceeding under review. The record shall be

filed with the clerk of the court. The record may be shortened by

stipulation of all parties to the review proceedings. The court

may assess additional costs against a party who unreasonably

refuses to stipulate to limit the record, unless the party pays

all costs of record preparation. The court may require or permit

later corrections or additions to the record.

(b) A party may apply to the court to present additional

evidence. If the court is satisfied that the additional evidence

is material and that there were good reasons for the failure to

present it in the proceeding before the commission, the court may

order that the additional evidence be taken before the commission

on conditions determined by the court. The commission may change

its findings and decisions by reason of the additional evidence

and shall file the additional evidence and any changes, new

findings, or decisions with the reviewing court.

(c) The party seeking judicial review shall offer, and the

reviewing court shall admit, the commission record into evidence

as an exhibit.

(d) The court shall conduct the review sitting without a jury

and is confined to the commission record, except that the court

may receive evidence of procedural irregularities alleged to have

occurred before the commission that are not reflected in the

record.

Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1,

1997.

Sec. 158.0123. COST OF PREPARING COMMISSION RECORD. (a) The

commission may require a party who appeals a final decision under

Section 158.012 to pay one-half of the cost of preparation of the

original or a certified copy of the record of the commission

proceeding that is required to be sent to the reviewing court.

(b) A charge imposed under this section is a court cost and may

be assessed by the court in accordance with the Texas Rules of

Civil Procedure.

Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1,

1997.

Sec. 158.013. EXEMPTIONS. (a) A person who on August 30, 1971,

was an employee of an eligible county under this subchapter may

not be required to take a competitive examination or perform any

other act to maintain the position held on that date.

(b) This subchapter does not apply to:

(1) assistant district attorneys, investigators, or other

employees of a district or criminal district attorney, except as

provided by Section 158.007;

(2) the official shorthand reporter of a court; or

(3) an elected or appointed officer under the constitution.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.014. DISSOLUTION OF SYSTEM. (a) If, after a civil

service system under this subchapter has been in effect for at

least one year, 10 percent of the qualified voters of the county

petition the commissioners court to dissolve the system, the

commissioners court shall call an election to determine whether

the system will be dissolved.

(b) An election under this section must be held in the manner

provided for an election to create a county civil service system.

(c) The ballot for the election shall be printed to provide for

voting for or against the proposition: "Dissolution of the county

civil service system."

(d) If the proposition is approved by a majority of the

qualified voters voting at the election, the commissioners court

shall declare the result and by order dissolve the civil service

system. A copy of the order dissolving the system shall be placed

in the minutes of the court's proceedings.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.015. LIMITATION ON ELECTIONS. The commissioners court

may not call an election under Section 158.004 or 158.014 for at

least two years after the date of any previous election under

either of those sections.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. SHERIFF'S DEPARTMENT CIVIL SERVICE SYSTEM IN

CERTAIN COUNTIES

Sec. 158.031. DEFINITIONS. In this subchapter:

(1) "Commission" means a sheriff's department civil service

commission.

(2) "Department" means a sheriff's department.

(3) "Employee" means an employee of a sheriff's department. The

term includes a deputy sheriff.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.032. ELIGIBLE DEPARTMENTS. A sheriff's department in a

county with a population of more than 500,000 may, in accordance

with this subchapter, create a civil service system.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 127, Sec. 1, eff. Sept. 1,

1991; Acts 1991, 72nd Leg., ch. 597, Sec. 92, eff. Sept. 1, 1991.

Sec. 158.033. PETITION AND ELECTION. (a) If at least 20

percent of the employees of an eligible department under this

subchapter sign a petition requesting an election under this

section and present the petition to the county judge of the

employing county, the judge shall order a departmental election

on the question of the creation of a sheriff's department civil

service system.

(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 sheriff's

department civil service system."

(d) The county judge shall canvass the votes and declare the

result.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.034. APPOINTMENT OF COMMISSION. (a) In a county with

a population of less than 2.8 million, if a majority of the

employees voting at the election approve the creation of a

sheriff's department civil service system, the sheriff,

commissioners court, and district attorney shall each appoint one

person to serve as a member of the civil service commission that

administers the system. In a county with a population of 2.8

million or more, if a majority of the employees voting at the

election approve the creation of a sheriff's department civil

service system, the sheriff, commissioners court, and district

attorney shall each appoint two persons to serve as members of

the civil service commission that administers the system, and the

three appointing authorities shall appoint one member by joint

action requiring the affirmative vote of each of the authorities.

(b) The sheriff shall designate one of the members as chairman

of the commission.

(c) Each member of the commission is appointed for a term of two

years. However, the initial members of the commission in a county

with a population of less than 2.8 million shall determine by lot

which two of them will serve a term of two years and which one of

them will serve a term of one year. In a county with a population

of 2.8 million or more:

(1) the initial member appointed jointly under Subsection (a)

serves a term of two years; and

(2) the initial members appointed by each individual appointing

authority shall determine by lot which one of the two initial

members appointed by the appointing authority will serve a term

of two years and which initial member appointed by that authority

will serve a term of one year.

(d) The entity that 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.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 534, Sec. 1, eff. May 31,

1997.

Sec. 158.035. 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 department.

(c) In a county with a population of 2.8 million or more, 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 158.0351 and 158.037. The commission shall adopt rules

prescribing the commission's procedures for assigning members to

a panel. A panel may not include more than one member who was

appointed to the commission by the same individual appointing

authority.

(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.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1993, 73rd Leg., ch. 218, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 893, Sec. 1, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 534, Sec. 2, eff. May 31, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

432, Sec. 1, eff. September 1, 2009.

Sec. 158.0351. PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR

COMPLAINT. (a) This section applies only to a county with a

population of 2.8 million or more.

(b) If an employee is indicted for a felony or officially

charged with the commission of a Class A or B misdemeanor, the

sheriff may temporarily suspend the person 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.

(c) The sheriff shall notify the suspended employee in writing

that the person is being temporarily suspended for a specific

period with or without pay and that the temporary suspension is

not intended to reflect an opinion on the merits of the

indictment or complaint.

(d) 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 sheriff 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.

(e) If the sheriff 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, even if the employee is a

deputy sheriff whose appointment as a deputy was revoked under

Section 85.003(c); or

(2) modify or uphold the decision by the sheriff.

(f) 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 sheriff.

(g) 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.

Added by Acts 1993, 73rd Leg., ch. 893, Sec. 2, eff. Sept. 1,

1993.

Sec. 158.036. 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.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.037. 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.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 68, Sec. 3, eff. Sept. 1,

1997.

Sec. 158.0371. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. (a) The

same standards described by Section 158.0121 apply to an appeal

under Section 158.037.

(b) The procedures for review under Section 158.037 are the same

as provided by Section 158.0122.

(c) The commission may require a party who appeals a decision

under Section 158.037 to pay the cost of preparing the commission

record in the same manner provided by Section 158.0123.

Added by Acts 1997, 75th Leg., ch. 68, Sec. 4, eff. Sept. 1,

1997.

Sec. 158.038. EXEMPTIONS. (a) A person who is an employee of a

department on the date that a civil service system is adopted

under this subchapter in the department may not be required to

take a competitive examination or perform any other act under

this subchapter to maintain the person's employment.

(b) The sheriff of a county with a population of 3.3 million or

less may designate as exempt from the civil service system:

(1) the position of chief deputy;

(2) four positions of major deputy;

(3) one or more positions in the office of departmental legal

counsel; and

(4) additional positions in the department; provided, however,

that the sheriff may not designate as exempt a total of more than

10 positions.

(c) The sheriff of a county with a population of more than 3.3

million may designate as exempt from the civil service system:

(1) the position of chief deputy;

(2) one or more positions in the office of departmental legal

counsel; and

(3) additional positions in the department, not to exceed 25 in

number, that have been determined by the civil service commission

to be administrative or supervisory positions; provided, however,

that the sheriff may not designate as exempt any position in the

deputy classifications of captain or below. The designation of

any such additional exempt position by the sheriff shall not

diminish the number of positions within the deputy

classifications of captain or below.

(d) At the time a new sheriff takes office, an employee holding

an exempt position may be transferred to the nonexempt position

held by the employee immediately before being promoted to an

exempt position. A person who was not an officer in the

department when appointed to an exempt position may be

transferred only to an entry level position in accordance with

the system's civil service rules.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 810, Sec. 1, eff. Aug. 26,

1991; Acts 2001, 77th Leg., ch. 669, Sec. 71, eff. Sept. 1, 2001.

Sec. 158.039. DISSOLUTION OF SYSTEM. (a) If, after a civil

service system under this subchapter has been in effect in a

department for at least one year, 20 percent of the employees of

the department petition the county judge to dissolve the system,

the judge shall order a departmental election on the question of

the dissolution of the department's civil service system.

(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: "Dissolution of the

sheriff's department civil service system."

(d) The county judge shall canvass the votes and declare the

result.

(e) If the proposition is approved by a majority of the

employees voting at the election, the county judge shall declare

the sheriff's department civil service system dissolved.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 158.040. EXCLUSIVITY. A civil service system created under

this subchapter and in effect applies to the department to the

exclusion of a civil service system in that county created under

Subchapter A or another law.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.