By:  Wilson                                            H.B. No. 818
       73R2664 JRD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to affirmative action programs for fire and police
    1-3  departments in certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle A, Title 5, Local Government Code, is
    1-6  amended by adding Chapter 145 to read as follows:
    1-7                   CHAPTER 145.  AFFIRMATIVE ACTION
    1-8        Sec. 145.001.  APPLICABILITY.  This chapter applies only to a
    1-9  municipality with a population of 1.5 million or more.
   1-10        Sec. 145.002.  DEFINITION.  In this chapter, an "affirmative
   1-11  action program" means a program designed to provide persons with
   1-12  equal opportunity in recruitment, hiring, placement, promotion,
   1-13  training, compensation, transfer, demotion, termination, and other
   1-14  phases of employment without regard to race, ethnicity, national
   1-15  origin, gender, age, disability, or religion and to prevent the
   1-16  underuse of minorities and women as employees.
   1-17        Sec. 145.003.  CREATION OF AFFIRMATIVE ACTION DIVISION.  The
   1-18  governing body of a municipality covered by this chapter shall
   1-19  create affirmative action divisions within the fire and police
   1-20  departments of the municipality for the purpose of establishing
   1-21  affirmative action programs for the departments.
   1-22        Sec. 145.004.  POWERS AND DUTIES OF AFFIRMATIVE ACTION
   1-23  DIVISION.  (a)  An affirmative action division shall:
   1-24              (1)  develop, implement, and monitor an affirmative
    2-1  action program for the fire or police department;
    2-2              (2)  assist other divisions of the fire or police
    2-3  department in the implementation of an affirmative action program;
    2-4              (3)  develop, implement, and monitor auditing and
    2-5  reporting requirements related to the affirmative action program;
    2-6              (4)  collect and analyze employment data necessary to
    2-7  evaluate the progress of the affirmative action program;
    2-8              (5)  provide information about the affirmative action
    2-9  program to fire or police department employees and applicants, to
   2-10  the chief executive of the municipality, and to the governing body
   2-11  of the municipality;
   2-12              (6)  develop procedures for filing and resolving formal
   2-13  and informal complaints under Section 145.008 alleging
   2-14  discrimination by a fire or police department or alleging
   2-15  retaliation or harassment for making a complaint of discrimination
   2-16  against a fire or police department;
   2-17              (7)  investigate and attempt to resolve complaints of
   2-18  discrimination, retaliation, or harassment filed against the fire
   2-19  or police department;
   2-20              (8)  keep records of complaints of discrimination,
   2-21  retaliation, or harassment, of information gathered during an
   2-22  investigation of a complaint, and of actions taken by the division
   2-23  to resolve the complaints;
   2-24              (9)  submit a quarterly report of complaints of
   2-25  discrimination, retaliation, or harassment, of the resolution of
   2-26  complaints, and of the progress of the affirmative action program
   2-27  to the chief of the fire or police department and to the
    3-1  affirmative action advisory commission of the municipality;
    3-2              (10)  represent the fire or police department in public
    3-3  relations matters involving affirmative action;
    3-4              (11)  make information about the affirmative action
    3-5  program and records of complaints of discrimination, retaliation,
    3-6  or harassment available to the public unless the information is
    3-7  confidential under other law; and
    3-8              (12)  review and evaluate the affirmative action
    3-9  program to ensure compliance with federal, state, and local laws.
   3-10        (b)  An affirmative action division may:
   3-11              (1)  establish affirmative action policy statements,
   3-12  goals, and timetables to achieve equal opportunity and to overcome
   3-13  an underuse of minorities and women as employees in the fire or
   3-14  police department;
   3-15              (2)  review and update affirmative action policy
   3-16  statements, goals, and timetables;
   3-17              (3)  obtain personnel records of the fire or police
   3-18  department, unless the records are confidential under other law;
   3-19  and
   3-20              (4)  adopt rules and procedures necessary to conduct
   3-21  the division's activities.
   3-22        Sec. 145.005.  COOPERATION BY OTHER DIVISIONS OF DEPARTMENT.
   3-23  Other divisions of the fire or police department:
   3-24              (1)  shall cooperate with the affirmative action
   3-25  division;
   3-26              (2)  shall comply with the rules and procedures adopted
   3-27  by the affirmative action division; and
    4-1              (3)  may not retaliate against or harass an employee
    4-2  for filing a complaint with the affirmative action division.
    4-3        Sec. 145.006.  DIVISION LIAISONS.  (a)  Each division of a
    4-4  fire or police department shall appoint a person to act as a
    4-5  liaison between the division and the affirmative action division.
    4-6        (b)  The liaison shall:
    4-7              (1)  distribute affirmative action information to the
    4-8  division's employees, to applicants, and to the public;
    4-9              (2)  gather employment data for the affirmative action
   4-10  division;
   4-11              (3)  process complaints of discrimination, retaliation,
   4-12  or harassment for the affirmative action division;
   4-13              (4)  meet and communicate regularly with the
   4-14  affirmative action division; and
   4-15              (5)  perform other functions as necessary to carry out
   4-16  an affirmative action program within the division.
   4-17        Sec. 145.007.  AFFIRMATIVE ACTION ADVISORY COMMISSION.  (a)
   4-18  The governing body of the municipality shall create an affirmative
   4-19  action advisory commission.
   4-20        (b)  The chief executive of the municipality shall appoint 20
   4-21  members who are residents of the municipality to the commission.
   4-22  The chief executive shall make appointments without regard to the
   4-23  race, ethnicity, national origin, gender, age, disability, or
   4-24  religion of the appointee, except the commission membership must
   4-25  fairly reflect the diversity of the municipality regarding those
   4-26  characteristics.  The commission membership must also fairly
   4-27  reflect the different geographic parts of the municipality.  The
    5-1  director of an affirmative action division serves as an ex officio
    5-2  member of the commission.
    5-3        (c)  Appointed members serve staggered terms of two years,
    5-4  with the terms of one-half of the members expiring on April 1 of
    5-5  each year.
    5-6        (d)  The commission shall:
    5-7              (1)  review reports submitted by affirmative action
    5-8  divisions;
    5-9              (2)  advise affirmative action divisions on affirmative
   5-10  action program plans and problems;
   5-11              (3)  evaluate affirmative action programs; and
   5-12              (4)  report the commission's activities to the
   5-13  governing body of the municipality.
   5-14        (e)  The commission may:
   5-15              (1)  elect the commission's officers;
   5-16              (2)  recommend changes to an affirmative action program
   5-17  and an affirmative action division; and
   5-18              (3)  adopt rules and procedures necessary to conduct
   5-19  the commission's activities.
   5-20        (f)  The municipality shall provide facilities and other
   5-21  necessities for the commission at the request of the commission.
   5-22  The municipality shall provide a staff, including legal counsel,
   5-23  for the commission at the request of the commission.
   5-24        Sec. 145.008.  AFFIRMATIVE ACTION COMPLAINTS.  (a)  A fire or
   5-25  police department employee or applicant may file with the
   5-26  affirmative action division of the department a complaint alleging
   5-27  discrimination based on race, ethnicity, national origin, gender,
    6-1  age, disability, or religion, or a complaint alleging retaliation
    6-2  or harassment by the department or a member of the department
    6-3  because the employee or applicant filed a complaint with the
    6-4  affirmative action division.
    6-5        (b)  The affirmative action division shall inform employees
    6-6  of the fire or police department of alternative procedures
    6-7  available through other agencies to the employees for resolving a
    6-8  complaint based on discrimination, retaliation, or harassment.
    6-9        (c)  The affirmative action division shall investigate a
   6-10  complaint filed with the division and shall attempt to resolve the
   6-11  complaint at the lowest administrative level.  If a complaint
   6-12  cannot be resolved informally with the immediate supervisor of an
   6-13  aggrieved employee, the division shall attempt to resolve the
   6-14  complaint through higher administrative levels, such as with the
   6-15  head of the aggrieved employee's division or with the chief of the
   6-16  department.  If the complaint of an applicant cannot be resolved
   6-17  informally with the personnel administrator, the division shall
   6-18  attempt to resolve the complaint through higher administrative
   6-19  levels, such as with a deputy chief or with the chief of the
   6-20  department.
   6-21        (d)  If a municipality has established a Fire Fighters' and
   6-22  Police Officers' Civil Service Commission under Chapter 143, and
   6-23  the complaint cannot be resolved by the affirmative action division
   6-24  as provided by Subsection (c), the division shall send a report
   6-25  containing the complaint, details of the investigation of the
   6-26  complaint, and details of the attempted resolution of the complaint
   6-27  to that commission.  The Fire Fighters' and Police Officers' Civil
    7-1  Service Commission shall review the report and shall issue an order
    7-2  to resolve the complaint at the commission's next meeting after the
    7-3  receipt of the report.  The order of the commission shall be the
    7-4  final resolution of a complaint under this chapter.
    7-5        SECTION 2.  In appointing the initial affirmative action
    7-6  advisory commission under Chapter 145, Local Government Code, as
    7-7  added by this Act, the chief executive of the municipality shall
    7-8  designate 10 members to serve for terms to expire on April 1 of the
    7-9  year after the year of appointment and 10 members to serve for
   7-10  terms to expire on April 1 of the second year after the year of
   7-11  appointment.
   7-12        SECTION 3.  This Act takes effect September 1, 1993.
   7-13        SECTION 4.  The importance of this legislation and the
   7-14  crowded condition of the calendars in both houses create an
   7-15  emergency and an imperative public necessity that the
   7-16  constitutional rule requiring bills to be read on three several
   7-17  days in each house be suspended, and this rule is hereby suspended.