H.B. No. 3788

	AN ACT
	relating to the authority of a county civil service commission to
	administer oaths and issue subpoenas; providing a penalty.
	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 158.0095 to read as follows:
	Sec. 158.0095.  AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER
	OATHS. (a)  In a proceeding before the commission under this
	subchapter, the chairman 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 county attorney may request the
	chairman 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
	15th 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.
	SECTION 2.  Subchapter B, Chapter 158, Local Government
	Code, is amended by adding Section 158.0355 to read as follows:
	Sec. 158.0355.  AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER
	OATHS. (a)  In a proceeding before the commission under this
	subchapter, the chairman 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
	chairman 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.
	SECTION 3.  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, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3788 was passed by the House on April
	26, 2011, by the following vote:  Yeas 112, Nays 36, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 3788 on May 23, 2011, by the following vote:  Yeas 131, Nays 15,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3788 was passed by the Senate, with
	amendments, on May 20, 2011, by the following vote:  Yeas 26, Nays
	4.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor