By: Márquez 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.

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

SECTION 1. Section 158.0095, Local Government Code, is amended by adding Subsection (f) to read as follows:

(f) An arbitrator or hearing officer authorized to hear a grievance proceeding under a collective bargaining agreement between a county and an employee association under Chapter 174 has the authority to administer oaths and issue subpoenas in the manner and to the extent authorized for the chairman of a commission under this section, except that:

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

SECTION 2. Section 158.0355, Local Government Code, is amended by adding Subsection (f) to read as follows:

(f) An arbitrator or hearing officer authorized to hear a grievance proceeding under a collective bargaining agreement between a department and an employee association under Chapter 174 has the authority to administer oaths and issue subpoenas in the manner and to the extent authorized for the chairman of a commission under this section, except that the following are not subject to a subpoena under this subsection:

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

(2) notes and other documents prepared by a person described by Subdivision (1) in the scope of the person's representation.

SECTION 3. 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.