By:  Whitmire                                          S.B. No. 720
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to fire and police grievance procedures in certain
    1-2  municipalities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (d), Section 143.128, Local Government
    1-5  Code, is amended to read as follows:
    1-6        (d)  Regardless of the outcome of the meeting, the fire
    1-7  fighter's or police officer's immediate supervisor or other
    1-8  appropriate supervisor, or both, shall provide a written response
    1-9  to the fire fighter or police officer, with a copy to the grievance
   1-10  counselor, within 15 calendar <five of the supervisor's working>
   1-11  days after the date the meeting occurs.  The response must include
   1-12  the supervisor's evaluation and proposed solution.  The response
   1-13  shall either be personally delivered to the fire fighter or police
   1-14  officer or be mailed by certified mail, return receipt requested,
   1-15  to the last home address provided by that person.
   1-16        SECTION 2.  Subsections (a), (b), and (c), Section 143.129,
   1-17  Local Government Code, are amended to read as follows:
   1-18        (a)  To continue the grievance procedure, the fire fighter or
   1-19  police officer must complete a step II grievance form and file it
   1-20  with the department head or the departmental grievance counselor
   1-21  within 15 <five> calendar days after the date the fire fighter or
   1-22  police officer receives the supervisor's response under Section
   1-23  143.128.
   1-24        (b)  The departmental grievance counselor shall arrange a
    2-1  meeting of the fire fighter or police officer, that person's
    2-2  immediate supervisor or other appropriate supervisor or both, and
    2-3  the department head or the department head's representative who
    2-4  must have a rank of at least assistant chief or the equivalent.
    2-5  The meeting shall be held within 15 calender <five of the aggrieved
    2-6  fire fighter's or police officer's working> days after the date the
    2-7  step II grievance form is filed under Subsection (a).
    2-8        (c)  Regardless of the outcome of the meeting, the department
    2-9  head or the department head's representative shall provide a
   2-10  written response to the fire fighter or police officer within 15
   2-11  calendar <10 of the department head's or department head's
   2-12  representative's working> days after the date the meeting occurs.
   2-13  The response shall either be personally delivered to the fire
   2-14  fighter or police officer or be mailed by certified mail, return
   2-15  receipt requested, to the last home address provided by that
   2-16  person.
   2-17        SECTION 3.  Subsections (a) and (d), Section 143.130, Local
   2-18  Government Code, are amended to read as follows:
   2-19        (a)  To continue the grievance procedure, the fire fighter or
   2-20  police officer must complete a step III grievance form and file it
   2-21  with the director within 15 <10> calendar days after the date the
   2-22  fire fighter or police officer receives the department head's
   2-23  response under Section 143.129.
   2-24        (d)  The grievance examiner shall make written findings and a
   2-25  recommendation for solution of the grievance within 15 calendar <10
   2-26  of the aggrieved fire fighter's or police officer's working> days
   2-27  after the date the hearing ends.  The findings and recommendation
    3-1  shall be given to the commission and copies mailed to the fire
    3-2  fighter or police officer by certified mail, return receipt
    3-3  requested, at the last home address provided by that person, and to
    3-4  the department head.
    3-5        SECTION 4.  Subsection (a), Section 143.131, Local Government
    3-6  Code, is amended to read as follows:
    3-7        (a)  If the department head or the fire fighter or police
    3-8  officer rejects the proposed solution under Section 143.130, the
    3-9  department head, the department head's designated representative,
   3-10  or the fire fighter or police officer must complete a step IV
   3-11  grievance form and file it with the director within 15 <10>
   3-12  calendar days after the date the person receives the grievance
   3-13  examiner's recommendation.
   3-14        SECTION 5.  (a)  This Act takes effect September 1, 1993, and
   3-15  applies only to an action taken under the grievance procedures of
   3-16  Sections 143.128 through 143.131, Local Government Code, as amended
   3-17  by this Act, on or after that date.
   3-18        (b)  An action taken under the grievance procedures of
   3-19  Sections 143.128 through 143.131, Local Government Code, before the
   3-20  effective date of this Act is governed by the law relating to the
   3-21  action in effect on the date the action was taken, and the former
   3-22  law is continued in effect for that purpose.
   3-23        SECTION 6.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended.