BILL ANALYSIS

 

 

Senate Research Center                                                                                               C.S.S.B. 1896

81R19898 SLB-D                                                                                                          By: Gallegos

                                                                                                               Intergovernmental Relations

                                                                                                                                              4/9/2009

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Chapter 143 (Municipal Civil Service for Firefighters and Police Officers), Local Government Code, provides a comprehensive administrative scheme for municipal firefighters and police officers upon local adoption by voters.  Certain sections of the Local Government Code, have provided a four-step grievance procedure for firefighters and police officers in municipalities of 1.5 million or more for the past 24 years. 

 

C.S.S.B. 1896 amends current law relating to the grievance procedure for firefighters and police officers in certain municipalities. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 143.127(a), Local Government Code, to authorize a fire fighter or police officer, except as provided by this subsection, to file a grievance as provided by this subchapter that relates to any aspect of the fire fighter's or police officer's employment covered by this chapter, rather than authorizing the fire fighter or police officer to file a grievance that relates to the same aspects of the person's employment over which the civil service commission for the employees of the municipality who are not subject to this chapter would have lawful jurisdiction, including but not limited to a written or oral reprimand, transfers, job performance reviews, and job assignments.

 

SECTION 2.  Amends Section 143.128, Local Government Code, by amending Subsection (a) and adding Subsection (f), as follows:

 

(a)  Requires a fire fighter or police officer, to begin a grievance action, to file a completed written step I grievance form with person's department head or departmental grievance counselor within 30 days after the date the fire fighter or police officer knew or should have known of the action or inaction for which the person feels aggrieved occurred. 

 

(f)  Requires the chief or department head of a fire or police department (department head), if the supervisor does not provide the response required by Subsection (d) (relating to a written response to a fire fighter or police officer after a meeting) before the 16th day after the date the meeting occurs, to sustain the fire fighter's or police officer's grievance. 

 

SECTION 3.  Amends Section 143.129, Local Government Code, by adding Subsection (e), to require the department head, if the department head or the department head's representative does not provide the response required by Subsection (c) (relating to a written response to a fire fighter or police officer after a meeting) before the 16th day after the date the meeting occurs, to sustain the fire fighter's or police officer's grievance. 

 

SECTION 4.  Makes application of this Act prospective.

 

SECTION 5.  Effective date:  September 1, 2009.