1-1 By: Coleman (Senate Sponsor - Ellis) H.B. No. 2067
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 20, 1993, reported favorably, as
1-5 amended, by the following vote: Yeas 10, Nays 0; May 20, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-21 SECTION 1. Subsection (d), Section 143.128, Local Government
1-22 Code, is amended to read as follows:
1-23 (d) Regardless of the outcome of the meeting, the fire
1-24 fighter's or police officer's immediate supervisor or other
1-25 appropriate supervisor, or both, shall provide a written response
1-26 to the fire fighter or police officer, with a copy to the grievance
1-27 counselor, within 15 calendar <five of the supervisor's working>
1-28 days after the date the meeting occurs. The response must include
1-29 the supervisor's evaluation and proposed solution. The response
1-30 shall either be personally delivered to the fire fighter or police
1-31 officer or be mailed by certified mail, return receipt requested,
1-32 to the last home address provided by that person.
1-33 SECTION 2. Subsections (a), (b), and (c), Section 143.129,
1-34 Local Government Code, are amended to read as follows:
1-35 (a) To continue the grievance procedure, the fire fighter or
1-36 police officer must complete a step II grievance form and file it
1-37 with the department head or the departmental grievance counselor
1-38 within 15 <five> calendar days after the date the fire fighter or
1-39 police officer receives the supervisor's response under Section
1-40 143.128.
1-41 (b) The departmental grievance counselor shall arrange a
1-42 meeting of the fire fighter or police officer, that person's
1-43 immediate supervisor or other appropriate supervisor or both, and
1-44 the department head or the department head's representative who
1-45 must have a rank of at least assistant chief or the equivalent.
1-46 The meeting shall be held within 15 calendar <five of the aggrieved
1-47 fire fighter's or police officer's working> days after the date the
1-48 step II grievance form is filed under Subsection (a).
1-49 (c) Regardless of the outcome of the meeting, the department
1-50 head or the department head's representative shall provide a
1-51 written response to the fire fighter or police officer within 15
1-52 calendar <10 of the department head's or department head's
1-53 representative's working> days after the date the meeting occurs.
1-54 The response shall either be personally delivered to the fire
1-55 fighter or police officer or be mailed by certified mail, return
1-56 receipt requested, to the last home address provided by that
1-57 person.
1-58 SECTION 3. Subsections (a) and (d), Section 143.130, Local
1-59 Government Code, are amended to read as follows:
1-60 (a) To continue the grievance procedure, the fire fighter or
1-61 police officer must complete a step III grievance form and file it
1-62 with the director within 15 <10> calendar days after the date the
1-63 fire fighter or police officer receives the department head's
1-64 response under Section 143.129.
1-65 (d) The grievance examiner shall make written findings and a
1-66 recommendation for solution of the grievance within 15 calendar <10
1-67 of the aggrieved fire fighter's or police officer's working> days
1-68 after the date the hearing ends. The findings and recommendation
2-1 shall be given to the commission and copies mailed to the fire
2-2 fighter or police officer by certified mail, return receipt
2-3 requested, at the last home address provided by that person, and to
2-4 the department head.
2-5 SECTION 4. Subsection (a), Section 143.131, Local Government
2-6 Code, is amended to read as follows:
2-7 (a) If the department head or the fire fighter or police
2-8 officer rejects the proposed solution under Section 143.130, the
2-9 department head, the department head's designated representative,
2-10 or the fire fighter or police officer must complete a step IV
2-11 grievance form and file it with the director within 15 <10>
2-12 calendar days after the date the person receives the grievance
2-13 examiner's recommendation.
2-14 SECTION 5. (a) This Act takes effect September 1, 1993, and
2-15 applies only to an action taken under the grievance procedures of
2-16 Sections 143.128 through 143.131, Local Government Code, as amended
2-17 by this Act, on or after that date.
2-18 (b) An action taken under the grievance procedures of
2-19 Sections 143.128 through 143.131, Local Government Code, before the
2-20 effective date of this Act is governed by the law relating to the
2-21 action in effect on the date the action was taken, and the former
2-22 law is continued in effect for that purpose.
2-23 A BILL TO BE ENTITLED
2-24 AN ACT
2-25 relating to an alternate promotional system for the police
2-26 department in certain municipalities.
2-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-28 SECTION 1. Section 143.035(a), Local Government Code, is
2-29 amended to read as follows:
2-30 (a) This section does not apply to a municipality that has
2-31 <a population of 1.5 million or more or that has> adopted The Fire
2-32 and Police Employee Relations Act (Article 5154c-1, Vernon's Texas
2-33 Civil Statutes).
2-34 SECTION 2. The importance of this legislation and the
2-35 crowded condition of the calendars in both houses create an
2-36 emergency and an imperative public necessity that the
2-37 constitutional rule requiring bills to be read on three several
2-38 days in each house be suspended, and this rule is hereby suspended,
2-39 and that this Act take effect and be in force from and after its
2-40 passage, and it is so enacted.
2-41 * * * * *
2-42 Austin,
2-43 Texas
2-44 May 20, 1993
2-45 Hon. Bob Bullock
2-46 President of the Senate
2-47 Sir:
2-48 We, your Committee on Intergovernmental Relations to which was
2-49 referred H.B. No. 2067, have had the same under consideration, and
2-50 I am instructed to report it back to the Senate with the
2-51 recommendation that it do pass, as amended, and be printed.
2-52 Armbrister,
2-53 Chairman
2-54 * * * * *
2-55 WITNESSES
2-56 FOR AGAINST ON
2-57 ___________________________________________________________________
2-58 Name: David Barber x
2-59 Representing: Houston Police Dept.
2-60 City: Houston
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