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.