By Bailey H.B. No. 1531
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to penalties for failure of covered fire departments to
1-3 comply with grievance procedure deadlines.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.128(d), Local Government Code, is
1-6 amended to read as follows:
1-7 (d) Regardless of the outcome of the meeting, the fire
1-8 fighter's or police officer's immediate supervisor or other
1-9 appropriate supervisor, or both, shall provide a written response
1-10 to the fire fighter or police officer, with a copy to the grievance
1-11 counselor, within 15 calendar days after the date the meeting
1-12 occurs. The response must include the supervisor's evaluation and
1-13 proposed solution. The response shall either be personally
1-14 delivered to the fire fighter or police officer or be mailed by
1-15 certified mail, return receipt requested, to the last home address
1-16 provided by that person. If the fire fighter's's or police
1-17 officer's immediate supervisor or other appropriate supervisor does
1-18 not provide a written response to the fire fighter or the police
1-19 officer within 15 calendar days after the date the meeting occurs,
1-20 the department head shall sustain the fire fighter's or police
1-21 officer's grievance.
1-22 SECTION 2. Sections 143.129(b), and (c), Local Government
2-1 Code, are amended to read as followed:
2-2 (b) The departmental grievance counselor shall arrange a
2-3 meeting of the fire fighter or police officer, that person's
2-4 immediate supervisor or other appropriate supervisor or both, and
2-5 the department head or the department head's representative who
2-6 must have a rank of at least assistant chief or the equivalent.
2-7 The meeting shall be held within 15 calendar days after the date
2-8 the step II grievance form is filed under Subsection (a). If the
2-9 department head or the department head's representative fails to
2-10 hold a step II grievance meeting within 15 calendar days after the
2-11 step II grievance form is filed, the department head shall sustain
2-12 the fire fighter's or police officer's grievance.
2-13 (c) Regardless of the outcome of the meeting, the department
2-14 head or the department head's representative shall provide a
2-15 written response to the fire fighter or police officer within 15
2-16 calendar days after the date the meeting occurs. The response
2-17 shall either be personally delivered to the fire fighter or police
2-18 officer or may be mailed by certified mail, return receipt
2-19 requested, to the last home address provided by that person. If
2-20 the department head or the department head's representative fails
2-21 to provide a written response to the fire fighter or police officer
2-22 within 15 calendar days after the date the meeting occurs, the
2-23 department head shall sustain fire fighter's or police officer's
2-24 grievance.
2-25 SECTION 3. Section 143.130(b), Local Government code, is
2-26 amended to read as follows:
3-1 (b) The director shall arrange a hearing of the fire fighter
3-2 or police officer and a grievance examiner to be appointed by the
3-3 commission under Section 143.132. The hearing shall be held within
3-4 15 days of the aggrieved fire fighter's or police officer's working
3-5 days after the date the step III grievance form is filed under
3-6 Subsection (a). If the hearing is not held within 15 days of the
3-7 aggrieved fire fighter's or police officer's working days after the
3-8 date the step III grievance form is filed, the department head
3-9 shall sustain the fire fighter's's or police officer's grievance.
3-10 SECTION 4. This Act takes effect on September 1, 2001.