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BILL ANALYSIS

 

 

 

C.S.H.B. 2607

By: Huberty

Public Education

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

According to interested parties, timelines for local school district grievance policies tend to be very short, with filings and conferences required to occur within a span of only a few days. The parties raise concerns that, while an employee is currently entitled to representation under the grievance policy, the scheduling of conferences can be problematic with regard to arranging for that representation. C.S.H.B. 2607 seeks to address this problem by requiring a district grievance policy to permit representation through a telephone conference call, provided that the district already has the equipment to conduct the call.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 2607 amends the Education Code to require a school district grievance policy to permit an attorney or other person representing a district employee concerning a grievance reported against a supervisor that alleges the supervisor's violation of the law in the workplace or the supervisor's unlawful harassment of the employee to represent the employee through a telephone conference call, provided that the district has the equipment necessary for that type of call, at any formal grievance proceeding, hearing, or conference at which the district employee is entitled to representation according to the school district grievance policy.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2607 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1. Section 11.171, Education Code, is amended by adding Subsection (c) to read as follows:

(c) A school district grievance policy must permit an attorney or other person representing a district employee concerning a grievance reported under Subsection (a) to represent the employee through a telephone conference call at any meeting or proceeding at which the substance of the grievance is investigated or discussed, provided that the district has the equipment necessary for that type of call.

 

SECTION 1. Section 11.171, Education Code, is amended by adding Subsection (c) to read as follows:

(c) A school district grievance policy must permit an attorney or other person representing a district employee concerning a grievance reported under Subsection (a) to represent the employee through a telephone conference call, provided that the district has the equipment necessary for that type of call, at any formal grievance proceeding, hearing, or conference at which the district employee is entitled to representation according to the school district grievance policy.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

SECTION 2. Same as introduced version.