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A BILL TO BE ENTITLED
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AN ACT
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relating to the grievance procedure for firefighters and police |
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officers in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 143.127, Local |
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Government Code, is amended to read as follows: |
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(a) Except as otherwise provided by this subsection, a [A] |
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fire fighter or police officer may file a grievance as provided by |
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this subchapter[. The fire fighter or police officer may file a
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grievance] that relates to any aspect of the fire fighter's or |
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police officer's employment covered by this chapter [the same
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aspects of the person's employment over which the civil service
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commission for the employees of the municipality who are not
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subject to this chapter would have lawful jurisdiction, including
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but not limited to a written or oral reprimand, transfers, job
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performance reviews, and job assignments]. The fire fighter or |
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police officer may not file a grievance relating to: |
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(1) a disciplinary suspension, indefinite suspension, |
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promotional pass over, or demotion or other action or decision for |
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which a hearing, review, or appeal is otherwise provided by this |
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chapter; or |
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(2) an allegation of discrimination based, in whole or |
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in part, on race, color, religion, sex, or national origin. |
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SECTION 2. Section 143.128, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (f) to |
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read as follows: |
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(a) To begin a grievance action, a fire fighter or police |
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officer must file a completed written step I grievance form with the |
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person's department head or departmental grievance counselor |
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within 30 days after the date the fire fighter or police officer |
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knew or should have known of the action or inaction for which the |
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person feels aggrieved occurred. A step I grievance form may be |
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obtained from the departmental grievance counselor. If the form is |
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not timely filed, the grievance is waived. |
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(f) If the supervisor does not provide the response required |
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by Subsection (d) before the 16th day after the date the meeting |
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occurs, the department head shall sustain the fire fighter's or |
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police officer's grievance. |
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SECTION 3. Section 143.129, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) If the department head or the department head's |
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representative does not provide the response required by Subsection |
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(c) before the 16th day after the date the meeting occurs, the |
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department head shall sustain the fire fighter's or police |
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officer's grievance. |
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SECTION 4. The changes in law made by this Act to Sections |
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143.127, 143.128, and 143.129, Local Government Code, apply only to |
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grievances filed on or after the effective date of this Act. A |
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grievance filed before the effective date of this Act is governed by |
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the law in effect on the date the grievance was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |