H.B. No. 3805

	AN ACT
	relating to the discharge of an officer or employee of the
	Department of Public Safety of the State of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.007, Government Code, is amended by
	amending Subsections (e) and (f) and adding Subsections (e-1),
	(e-2), and (g) to read as follows:
	(e)  An officer or employee of the department may not be
	discharged without just cause. The director shall determine
	whether an officer or employee is to be discharged. A commissioned
	[An] officer [or employee] ordered discharged may appeal to the
	commission, and during the appeal the officer [or employee] shall
	be suspended without pay.
	(e-1)  Except as provided by Subsection (g) [(f)], the
	department may not discharge, suspend, or demote a commissioned
	officer except for the violation of a specific commission rule. If
	the department discharges, suspends, or demotes the [an] officer,
	the department shall deliver to the officer a written statement
	giving the reasons for the action taken. The written statement must
	point out each commission rule alleged to have been violated by the
	officer and must describe the alleged acts of the officer that the
	department contends are in violation of the commission rules.
	(e-2) [(f)]  The commission shall establish necessary
	policies and procedures for the appointment, promotion, reduction,
	suspension, and discharge of all employees.
	(f)  A discharged commissioned officer [or employee] is
	entitled, on application to the commission, to a public hearing
	before the commission, who shall affirm or set aside the discharge.
	The commission shall affirm or set aside a discharge on the basis of
	the evidence presented. If the commission affirms the discharge,
	the discharged officer may seek judicial review, not later than the
	90th day after the date the commission affirms the discharge, in a
	district court under the substantial evidence standard of review,
	and the officer remains suspended without pay while the case is
	under judicial review.
	(g)  A noncommissioned employee inducted into the service of
	the department is on probation for the first one year of service,
	and an officer is on probation from the date the officer [person] is
	inducted into the service of the department until the anniversary
	of the date the officer [person] is commissioned. At any time
	during the probationary period, an officer or employee [a person]
	may be discharged [without the public hearing provided for by this
	subsection] if the director, with the advice and consent of the
	commission, finds the officer or employee [person] to be unsuitable
	for the work.
	SECTION 2.  Section 411.007, Government Code, as amended by
	this Act, applies only to an officer or employee of the Department
	of Public Safety of the State of Texas who is discharged on or after
	the effective date of this Act. An officer or employee discharged
	before that date is governed by the law in effect immediately before
	the effective date of this Act, and that law is continued in effect
	for that purpose.
	SECTION 3.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3805 was passed by the House on May 7,
	2013, by the following vote:  Yeas 139, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3805 was passed by the Senate on May
	21, 2013, by the following vote:  Yeas 22, Nays 9.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor