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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