85R1116 LED-F
 
  By: Alonzo H.B. No. 2587
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of a public employee to representation in
  certain internal investigatory interviews.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 617, Government Code, is amended by
  adding Section 617.0045 to read as follows:
         Sec. 617.0045.  RIGHT TO CERTAIN REPRESENTATION. (a)  In any
  investigatory interview of a public employee initiated by the
  employee's public employer that the employee reasonably believes
  may result in disciplinary action, the public employee, on request,
  is entitled to be represented by any labor organization for which
  the employee is eligible for membership by virtue of the employee's
  employment.
         (b)  On request of the public employee for representation,
  the public employer shall:
               (1)  grant the request and delay the interview until
  the representative arrives and has had an opportunity to consult
  privately with the employee;
               (2)  deny the request and end the interview
  immediately; or
               (3)  offer the employee the choice of continuing the
  interview unrepresented or accepting any disciplinary action
  determined by the employer without an interview.
         (c)  A public employer who grants a public employee's request
  under Subsection (b)(1) must provide the employee reasonable time
  to obtain representation.
         (d)  This section does not entitle a public employee to
  representation:
               (1)  in an interview:
                     (A)  if the interview is conducted for the purpose
  of conveying work instructions, training, or communicating needed
  corrections in the employee's work techniques;
                     (B)  if the public employer is not using the
  interview to investigate for a possible disciplinary action and the
  employer informs the employee before the interview that no
  disciplinary action may result from the interview; or
                     (C)  if, before the interview, the employer has
  reached a final decision to take disciplinary action against the
  employee and the purpose of the interview is to inform the employee
  of that action or to take that action; or 
               (2)  in any conversation or discussion with the
  employer that is initiated by the employee, without employer
  encouragement or instigation, regarding previously determined
  disciplinary action to be taken against the employee after the
  employee has been informed of that action.
         (e)  A public employer is not required to inform a public
  employee of the employee's right to representation under this
  section.
         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, 2017.