84R23216 SCL-F

By: Márquez H.B. No. 3711

Substitute the following for H.B. No. 3711:

By: Anderson of Dallas C.S.H.B. No. 3711

A BILL TO BE ENTITLED

AN ACT

relating to the administration of oaths and issuance of subpoenas in certain county or sheriff department employee grievance proceedings; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 174, Local Government Code, is amended by adding Section 174.009 to read as follows:

Sec. 174.009. OATHS AND SUBPOENAS IN GRIEVANCE PROCEEDINGS. (a) An arbitrator or hearing officer authorized to hear a grievance proceeding under a collective bargaining agreement has the authority to administer oaths and issue subpoenas in the manner and to the extent authorized for an arbitration board under Section 174.157, except that:

(1) a request for a subpoena under this subsection must be made not later than the 10th day before the date the proceeding will be held, except for good cause shown; and

(2) the following are not subject to a subpoena under this subsection:

(A) a person who is actively engaged in providing representation to a party to the proceeding; and

(B) notes and other documents prepared by a person described by Paragraph (A) in the scope of the person's representation.

(b) An oath administered under this section has the same force and effect as an oath administered by a magistrate in the magistrate's judicial capacity.

(c) A response to a subpoena duces tecum under this section is considered to have been made under oath.

(d) A person who is subpoenaed under this section commits an offense if the person fails to appear as required by the subpoena. An offense under this section is a misdemeanor punishable by a fine up to $1,000, confinement in the county jail for not more than 30 days, or both the fine and confinement.

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, 2015.