By Torres                                             H.B. No. 1303
       74R1681 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to fire and police grievance procedures in certain
    1-3  municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 143.128(d), Local Government Code, is
    1-6  amended to read as follows:
    1-7        (d)  Regardless of the outcome of the meeting, the fire
    1-8  fighter's or police officer's immediate supervisor or other
    1-9  appropriate supervisor, or both, shall provide a written response
   1-10  to the fire fighter or police officer, with a copy to the grievance
   1-11  counselor, within 15 calendar <five of the supervisor's working>
   1-12  days after the date the meeting occurs.  The response must include
   1-13  the supervisor's evaluation and proposed solution.  The response
   1-14  shall either be personally delivered to the fire fighter or police
   1-15  officer or be mailed by certified mail, return receipt requested,
   1-16  to the last home address provided by that person.
   1-17        SECTION 2.  Sections 143.129(a), (b), and (c), Local
   1-18  Government Code, are amended to read as follows:
   1-19        (a)  To continue the grievance procedure, the fire fighter or
   1-20  police officer must complete a step II grievance form and file it
   1-21  with the department head or the departmental grievance counselor
   1-22  within 15 <five> calendar days after the date the fire fighter or
   1-23  police officer receives the supervisor's response under Section
   1-24  143.128.
    2-1        (b)  The departmental grievance counselor shall arrange a
    2-2  meeting of the fire fighter or police officer, that person's
    2-3  immediate supervisor or other appropriate supervisor or both, and
    2-4  the department head or the department head's representative who
    2-5  must have a rank of at least assistant chief or the equivalent.
    2-6  The meeting shall be held within 15 calendar <five of the aggrieved
    2-7  fire fighter's or police officer's working> days after the date the
    2-8  step II grievance form is filed under Subsection (a).
    2-9        (c)  Regardless of the outcome of the meeting, the department
   2-10  head or the department head's representative shall provide a
   2-11  written response to the fire fighter or police officer within 15
   2-12  calendar <10 of the department head's or department head's
   2-13  representative's working> days after the date the meeting occurs.
   2-14  The response shall either be personally delivered to the fire
   2-15  fighter or police officer or be mailed by certified mail, return
   2-16  receipt requested, to the last home address provided by that
   2-17  person.
   2-18        SECTION 3.  Sections 143.130(a) and (d), Local Government
   2-19  Code, are amended to read as follows:
   2-20        (a)  To continue the grievance procedure, the fire fighter or
   2-21  police officer must complete a step III grievance form and file it
   2-22  with the director within 15 <10> calendar days after the date the
   2-23  fire fighter or police officer receives the department head's
   2-24  response under Section 143.129.
   2-25        (d)  The grievance examiner shall make written findings and a
   2-26  recommendation for solution of the grievance within 15 calendar <10
   2-27  of the aggrieved fire fighter's or police officer's working> days
    3-1  after the date the hearing ends.  The findings and recommendation
    3-2  shall be given to the commission and copies mailed to the fire
    3-3  fighter or police officer by certified mail, return receipt
    3-4  requested, at the last home address provided by that person, and to
    3-5  the department head.
    3-6        SECTION 4.  Section 143.131(a), Local Government Code, is
    3-7  amended to read as follows:
    3-8        (a)  If the department head or the fire fighter or police
    3-9  officer rejects the proposed solution under Section 143.130, the
   3-10  department head, the department head's designated representative,
   3-11  or the fire fighter or police officer must complete a step IV
   3-12  grievance form and file it with the director within 15 <10>
   3-13  calendar days after the date the person receives the grievance
   3-14  examiner's recommendation.
   3-15        SECTION 5.  (a)  This Act takes effect September 1, 1995, and
   3-16  applies only to an action taken under the grievance procedures of
   3-17  Sections 143.128-143.131, Local Government Code, as amended by this
   3-18  Act, on or after that date.
   3-19        (b)  An action taken under the grievance procedures of
   3-20  Sections 143.128-143.131, Local Government Code, before the
   3-21  effective date of this Act is governed by the law relating to the
   3-22  action in effect on the date the action was taken, and the former
   3-23  law is continued in effect for that purpose.
   3-24        SECTION 6.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
   3-26  emergency and an imperative public necessity that the
   3-27  constitutional rule requiring bills to be read on three several
    4-1  days in each house be suspended, and this rule is hereby suspended.