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.