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.