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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. Section 143.127, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A municipality or department may not by ordinance, rule, |
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or otherwise prohibit a fire fighter or police officer from |
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pursuing a grievance under this section and Sections 143.128 |
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through 143.134 regarding a matter that is not otherwise covered by |
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this chapter but that concerns a matter regarding which an employee |
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of the municipality who is not covered under this chapter may pursue |
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a grievance. |
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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 must sustain the fire fighter's or police officer's |
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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. |