By Gallegos                                     S.B. No. 1024

      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.