1-1  By:  Gallegos                                         S.B. No. 1015
    1-2        (In the Senate - Filed March 8, 1995; March 9, 1995, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; March 22, 1995, reported favorably by the following
    1-5  vote:  Yeas 10, Nays 0; March 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to fire and police grievance procedures in certain
    1-9  municipalities.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subsection (d), Section 143.128, Local Government
   1-12  Code, is amended to read as follows:
   1-13        (d)  Regardless of the outcome of the meeting, the fire
   1-14  fighter's or police officer's immediate supervisor or other
   1-15  appropriate supervisor, or both, shall provide a written response
   1-16  to the fire fighter or police officer, with a copy to the grievance
   1-17  counselor, within 15 calendar <five of the supervisor's working>
   1-18  days after the date the meeting occurs.  The response must include
   1-19  the supervisor's evaluation and proposed solution.  The response
   1-20  shall either be personally delivered to the fire fighter or police
   1-21  officer or be mailed by certified mail, return receipt requested,
   1-22  to the last home address provided by that person.
   1-23        SECTION 2.  Subsections (a), (b), and (c), Section 143.129,
   1-24  Local Government Code, are amended to read as follows:
   1-25        (a)  To continue the grievance procedure, the fire fighter or
   1-26  police officer must complete a step II grievance form and file it
   1-27  with the department head or the departmental grievance counselor
   1-28  within 15 <five> calendar days after the date the fire fighter or
   1-29  police officer receives the supervisor's response under Section
   1-30  143.128.
   1-31        (b)  The departmental grievance counselor shall arrange a
   1-32  meeting of the fire fighter or police officer, that person's
   1-33  immediate supervisor or other appropriate supervisor or both, and
   1-34  the department head or the department head's representative who
   1-35  must have a rank of at least assistant chief or the equivalent.
   1-36  The meeting shall be held within 15 calendar <five of the aggrieved
   1-37  fire fighter's or police officer's working> days after the date the
   1-38  step II grievance form is filed under Subsection (a).
   1-39        (c)  Regardless of the outcome of the meeting, the department
   1-40  head or the department head's representative shall provide a
   1-41  written response to the fire fighter or police officer within 15
   1-42  calendar <10 of the department head's or department head's
   1-43  representative's working> days after the date the meeting occurs.
   1-44  The response shall either be personally delivered to the fire
   1-45  fighter or police officer or be mailed by certified mail, return
   1-46  receipt requested, to the last home address provided by that
   1-47  person.
   1-48        SECTION 3.  Subsections (a) and (d), Section 143.130, Local
   1-49  Government Code, are amended to read as follows:
   1-50        (a)  To continue the grievance procedure, the fire fighter or
   1-51  police officer must complete a step III grievance form and file it
   1-52  with the director within 15 <10> calendar days after the date the
   1-53  fire fighter or police officer receives the department head's
   1-54  response under Section 143.129.
   1-55        (d)  The grievance examiner shall make written findings and a
   1-56  recommendation for solution of the grievance within 15 calendar <10
   1-57  of the aggrieved fire fighter's or police officer's working> days
   1-58  after the date the hearing ends.  The findings and recommendation
   1-59  shall be given to the commission and copies mailed to the fire
   1-60  fighter or police officer by certified mail, return receipt
   1-61  requested, at the last home address provided by that person, and to
   1-62  the department head.
   1-63        SECTION 4.  Subsection (a), Section 143.131, Local Government
   1-64  Code, is amended to read as follows:
   1-65        (a)  If the department head or the fire fighter or police
   1-66  officer rejects the proposed solution under Section 143.130, the
   1-67  department head, the department head's designated representative,
   1-68  or the fire fighter or police officer must complete a step IV
    2-1  grievance form and file it with the director within 15 <10>
    2-2  calendar days after the date the person receives the grievance
    2-3  examiner's recommendation.
    2-4        SECTION 5.  (a)  This Act takes effect September 1, 1995, and
    2-5  applies only to an action taken under the grievance procedures of
    2-6  Sections 143.128 through 143.131, Local Government Code, as amended
    2-7  by this Act, on or after that date.
    2-8        (b)  An action taken under the grievance procedures of
    2-9  Sections 143.128 through 143.131, Local Government Code, before the
   2-10  effective date of this Act is governed by the law relating to the
   2-11  action in effect on the date the action was taken, and the former
   2-12  law is continued in effect for that purpose.
   2-13        SECTION 6.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.
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