OPflCE OF THE ATTORNEY GENERAL. STATE OF TEXAS 

JOHN CORNYN 

January 22,200l 

The Honorable Juan .I. Hinojosa Opinion No. K-0334 

Chair, Committee on Criminal Jurisprudence 

Texas House of Representatives Re: Procedures governing disciplinary action 

P.O. Box 2910 against an employee of a sheriffs department 

Austin, Texas 78768-2910 covered by a county civil service system 

(RQ-0267-JC) 

Dear Representative Hinojosa: 

On behalf of the Hidalgo County Sheriffs Department (the “Department”), you ask about 

the law and procedures generally applicable to disciplinary action against an employee of the 

Department. Department employees, you tell us, are covered by the county civil service system 

established under subchapter A of chapter 158 of the Local Government Code (a “subchapter A 

county civil service system”).’ You first ask whether there is a time limit for taking disciplinary 

action against a Department employee upon discovery of a violation of the law, a civil service rule, 

or both. You next ask whether the disciplinary procedures set out in section 143.1017 or 158.0351 

of the Local Government Code apply to the county’s civil service system. Finally, you ask whether 

the Department must tile with the attorney general a criminal investigation statement required by 

subsection (h) of section 143.1017, if the Department intends to indefinitely suspend an employee 

for a violation of the law, civil service rule, or both. 

We answer your first question in general terms and with reference only to the civil service 

provisions of the Local Government Code. We conclude that there are no statutory time limits for 

taking disciplinary action against an employee of the sheriffs department covered by a subchapter 

A county civil service system. We also conclude that section 143.1017, which sets forth disciplinary 

procedures applicable to amunicipal fire fighters and police officers civil service system, and section 

158.0351, which sets out procedures applicable to a sheriffs department civil service system in a 

county with a population of more than 500,000, by their terms do not apply to a chapter 158, 

subchapter A county civil service system. The subchapter A civil service commission, however, 

‘See Letter fromHonorable Juan J. Hinojosa, Chair, House Committee on Criminal Jurisprudence, to Honorable 

John Comyn, Texas Attorney General (Aug. 10,ZOOO) (on tile with Opinion Committee) [hereinafter Request Letter]. 
The Honorable Juan J. Hinojosa - Page 2 (X-0334) 

could adopt the section 143.1017 or 158.035 1 provisions as rules or use them as a guide in adopting 

its rules. Finally, we conclude that the Department is not required by section 143.1017(h) to file a 

statement with the attorney general if the Department intends to indefinitely suspend an employee 

given that the statute by its terms does not apply to the county civil service system. 

To provide a legal context for your questions, we briefly review the county civil service 

scheme under subchapter A of chapter 158 of the Local Government Code. Subchapter A permits 

a county with a population of 200,000 or more to 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 [Subchapter A] or by the operation of Subchapter B.“’ TEX. LOC. GOV’T CODE 

ANN. 5 158.002 (Vernon 1999). If a civil service system is created, the commissioners court must 

appoint a civil service commission to administer the system. See id. 3 158.008 (a). The civil service 

commission must adopt, publish, and enforce rules regarding (1) the definition of an employee; (2) 

selection and classification of 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 employees’ selection, rights, advancement, benefits, and their working 

conditions. See id. 5 158.009(a). Subchapter A does not set out procedures applicable to dismissal 

of civil service county employees or to disciplinary action against them. 

Hidalgo County has a population of 383,545 according to the most recent federal decennial 

census. See 1 BUREAU OF THE CENSUS, U.S. DEP’T OF COMMERCE, 1990 CENSUS OF POPULATION: 

General Population Characteristics: Texas 2 (1992); TEX. GOV’TCODE ANN. 5 311.005(3) (Vernon 

1998) (“‘Population’ means the population shown by the most recent federal decennial census.“). 

Pursuant to chapter 158, subchapter A, Hidalgo County voters approved the creation of a county civil 

service system; and the county civil service commission appointed by the commissioners court 

adopted a rule including deputy sheriffs and deputy constables within the definition of county 

“employees”3 subject to the civil service system. See Request Letter, supro, note 1 at 1. We assume 

that the civil service commission in Hidalgo County has not adopted rules addressing the 

disciplinary procedures you ask about. 

‘Subchapter B of chapter 158 allows creation of a sheriffs department civil service system in a county with 

a population of more than 500,000. See TEX. Lot. GOV’T CODE ANN. $5 158.031-,040 (Vernon 1999). 

as 

‘Section 158.001(2) defmes an “employee” in a county that has adopted a subchapter A civil service system 

a person who obtains a position by appointment and who is not authorized by 

statute toperfonngovemmental functions involving an exercise ofdiscretion inthe 

person’s own right, unless the person is included by a local service rule adopted 

under the procedures outlined in Section 158.009; 01 a person included in the 

coverage of a county civil service system as the result of an election held under 

Section 158.007. 

Id. 5 158.001(2). 
The Honorable Juan J. Hinojosa - Page 3 (X-0334) 

We begin our analysis with your second question: whether section 143.1017 or section 

158.0351 of the Local Government Code apply to a county that has adopted a civil service system 

under subchapter A of chapter 158. We conclude that neither provision by its terms applies to such 

a county. 

Chapter 143 of the Local Government Code applies only to a city that adopts a civil service 

system covering tire fighters, police officers, or both. See TEX. Lot. GOV’T CODE ANN. $5 143.002, 

,004 (Vernon 1999). Section 143.1017, which sets out procedures for suspending or dismissing a 

fire fighter or police officer who is indicted for a felony or officially charged with any other crime 

involving moral turpitude, applies only to a municipality with a population of 1.5 million or more. 

Seeid. $5 143.101(a), .1017. 

Subchapter B of chapter 158 of the Local Government Code, sections 158.031 through 

158.040, applies to a sheriffs department civil service system established in a county with a 

population of more than 500,000. See id. 5 158.032. Section 158.0351, which also sets out 

procedures for suspending or dismissing a sheriffs department employee indicted for a felony or 

charged with the commission of a class A or B misdemeanor, applies only to a sheriffs department 

civil service system in a county with a population of 2.8 million or more. See id. fj 158.0351. 

You next ask: “If a county employee is suspended under these conditions, violation of law 

and/or Civil Service Rule and the department head is considering ordering an indefinite suspension, 

is the sheriffs department required to file with the attorney general a statement within 180 days as 

stated in section 143.1017(h) [of the Local Government Code]?’ Request Letter, supra, note 1 at 

2. We conclude in the negative. Subsection (h) of section 143.iO17 allows a department head to 

indefinitely suspend a tire fighter or police officer after the 180-day period following the date of the 

discovery of the act constituting a felony or a crime of moral turpitude when the department head 

considers a delay to be necessary to protect a criminal investigation of the person’s conduct. See 

TEX. Lot. GOV’T CODE ANN. $ 143.1017(h) (Vernon 1999). If the department head intends to do 

that, he or she must file with the attorney general a statement describing the criminal investigation 

and its objective within 180 days after the date the act complained of occurred. See id. But as we 

have previously concluded, section 143.1017 by its terms does not apply to a subchapter A county 

civil service system. 

But, while sections 143.1017 and 158.0351 by their terms do not apply to a county that has 

established a civil service system under subchapter A of chapter 158, a civil service commission in 

such a county could adopt the substance of these provisions as a rule or use them as a guide in 

adopting its rules addressing disciplinary procedures. See id. $4 158.008(a), .009(b); Tex. Att’y Gen. 

Op. No. DM-338 (1995) at 10. Section 158.009(a) directs a civil service commission established 

pursuant to subchapter A to adopt, publish, and enforce rules regarding dismissals and disciplinary 

actions, among other subjects. TEX. Lot. Gov’TCODEANN. 5 158.009(a) (Vernon 1999). Section 

158.009(b) authorizes it to adopt or use as a guide any civil service law or rule of the United States, 

the state, or a political subdivision of the state to the extent the law or rule promotes the purposes 

of subchapter A and serves the county’s needs. See id. 5 158.009(b); Tex. Att’y Gen. Op. No. DM- 
The Honorable Juan J. Hinojosa - Page 4 (K-0334) 

338 (1995) at 10 (“The language of section 158.009 thus tends to suggest a narrower legislative 

intent to authorize the commission to adopt or use laws or rules that serve as guides only for its own 

rule-making process.“). 

Finally, we consider your question: “Is there a time limit for taking disciplinary action 

against an employee of the sheriffs department upon discovery of a violation of law and/or civil 

service rule violation?’ Request Letter, supra, note 1 at 1. Given the lack of context and specificity 

ofyour question, we answer it in general terms and with reference only to the statutory civil service 

provisions of the Local Government Code. 

Subchapter A of chapter 158 of the Local Government Code does not provide a time frame 

within which disciplinary action must be taken upon discovery of a misconduct. Civil service 

provisions in chapters 143 - municipal civil service system - generally require that disciplinary 

action be taken within six-months of the discovery of the conduct, see, e.g., TEX. LOC. GOV’T CODE 

ANN. 5 143.056(h) (Vernon 1999) (indefinite suspension based on felony or class A or B 

misdemeanor may be ordered after 180-day period following discovery of act only if delay is 

necessary to protect criminal investigation); id. 5 143.1017(h) (indefinite suspension based on 

felony or crime of moral turpitude may be ordered after 180-day period following discovery only 

if delay is necessary to protect a criminal investigation in city with population of 1.5 million or 

more). However, these provisions by their terms do not apply to a chapter 158, subchapter A county 

civil service system. 

While subchapter A does not limit the time frame for taking disciplinary action against a civil 

service employee, in our opinion, any disciplinary action should be taken within a reasonable time 

of the discovery of the violation of the law, civil service rule, or both. 
The Honorable Juan J. Hinojosa - Page 5 W-0334) 

SUMMARY 

There is no statutory time limit for taking disciplinary action against an 

employee of a sheriffs department covered by a civil service system 

established under subchapter A of chapter 158 of the Local Government 

Code. Sections 143.1017 and 158.0351 of the Local Government Code do 

not apply to a chapter 158, subchapter A county civil service system. A 

subchapter A civil service commission, however, could adopt the section 

143.1017 or 158.0351 provisions as rules or use them as a guide in adopting 

its rules. A department head in a subchapter A county civil service system 

is not required by section 143.1017(h) to tile a statement with the attorney 

general if the department intends to indefinitely suspend an employee given 

that the statute by its terms does not apply to a subchapter A county civil 

service system. 

Attorney General of Texas 

ANDY TAYLOR 

First Assistant Attorney General 

CLARK KENT ERVlN 

Deputy Attorney General - General Counsel 

SUSAN D. GUSKY 

Chair, Opinion Committee 

Sheela Rai 

Assistant Attorney General - Opinion Committee