By Dutton H.B. No. 3024
76R9078 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to ex parte communications in administrative hearings
1-3 involving certain fire fighters and police officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.1018(a), Local Government Code, is
1-6 amended to read as follows:
1-7 (a) While any matter subject to a hearing under this Chapter
1-8 is pending, a party to the hearing, the party's representative, or
1-9 a person may not, except in giving sworn testimony or argument at
1-10 the hearing or as otherwise provided by law, communicate with the
1-11 commission, a hearing examiner, or a grievance examiner regarding
1-12 the facts of the matter under consideration unless all parties [the
1-13 other party] or their representatives are [is] present.
1-14 Notwithstanding the provisions of this Subsection, it shall not be
1-15 a violation for either party to file [written briefs or] written
1-16 motions in the case if copies are [were] served on the opposing
1-17 party. Likewise, it shall not be a violation for either party to
1-18 file written briefs or argument if requested by the commission, a
1-19 hearing examiner, or a grievance examiner. Requests for written
1-20 briefs or argument by the commission, a hearing examiner, or a
1-21 grievance examiner shall be made in writing, and served upon all
1-22 parties to the hearing or their representatives. A request for
1-23 written briefs or argument shall provide for a minimum response
1-24 time of at least 14 hours from receipt of the request.
2-1 SECTION 2. This Act takes effect on _________________, 1999.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended,
2-7 and that this Act take effect and be in force according to its
2-8 terms, and it is so enacted.