By Torres H.B. No. 2818
75R6270 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to grievance procedures for fire fighters and police
1-3 officers of certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.128, Local Government Code, is
1-6 amended by adding Subsection (f) to read as follows:
1-7 (f) Notwithstanding Subsection (e), if a step I meeting is
1-8 not timely scheduled under Subsection (b) or if a written response
1-9 is not timely provided to the fire fighter or police officer under
1-10 Subsection (d), the fire fighter or police officer may file a step
1-11 III grievance form with the director or submit a written request
1-12 stating the person's decision to appeal to an independent third
1-13 party hearing examiner under Section 143.057 within 30 calendar
1-14 days after the earlier of the date the meeting under this section
1-15 was held or the date by which the meeting was required to be
1-16 scheduled. If the aggrieved fire fighter or police officer fails
1-17 to timely file a step II or step III grievance form or to timely
1-18 submit a written request to appeal under Section 143.057, the
1-19 solution is considered accepted. Notwithstanding Sections
1-20 143.057(i) and 143.1016(i), if a meeting is not timely scheduled
1-21 under Subsection (b) or if a written response is not timely
1-22 provided to the fire fighter or police officer under Subsection
1-23 (d), the department shall bear the cost of an appeal to a hearing
1-24 examiner under this section.
2-1 SECTION 2. Section 143.129, Local Government Code, is
2-2 amended by amending Subsection (d) and adding Subsection (e) to
2-3 read as follows:
2-4 (d) If the proposed solution is not acceptable, the fire
2-5 fighter or police officer may either submit a written request
2-6 stating the person's decision to appeal to an independent third
2-7 party hearing examiner pursuant to the provisions of Section
2-8 143.057 or file a step III grievance form with the director in
2-9 accordance with Section 143.130. If the fire fighter or police
2-10 officer fails to timely file a step III grievance form or a written
2-11 request to appeal to a hearing examiner, the solution is considered
2-12 accepted. Notwithstanding Section 143.057(i) or Section
2-13 143.1016(i), if the fire fighter or police officer prevails and the
2-14 hearing examiner upholds the grievance in its entirety, the
2-15 department shall bear the cost of the appeal to the hearing
2-16 examiner. If the fire fighter or police officer fails to prevail
2-17 and the hearing examiner denies the grievance in its entirety, the
2-18 fire fighter or police officer shall bear the cost of the appeal to
2-19 the hearing examiner. If neither party entirely prevails and the
2-20 hearing examiner upholds part of the grievance and denies part of
2-21 it, the hearing examiner's fees and expenses shall be shared
2-22 equally by the fire fighter or police officer and the department.
2-23 (e) Notwithstanding Section 143.057(i), Section 143.1016(i),
2-24 and Subsection (d), if a meeting is not timely arranged under
2-25 Subsection (b) or if a written response is not timely provided to
2-26 the fire fighter or police officer under Subsection (c), the
2-27 department shall bear the cost of an appeal to a hearing examiner
3-1 under this section.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.