Texas 2009 - 81st Regular

Texas House Bill HB2940 Compare Versions

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Old	New	Differences
1	1	81R19898 SLB-D
2	2	By: Walle H.B. No. 2940
3	3	Substitute the following for H.B. No. 2940:
4	4	By: Turner of Tarrant C.S.H.B. No. 2940
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the grievance procedure for firefighters and police
10	10	officers in certain municipalities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 143.127(a), Local Government Code, is
13	13	amended to read as follows:
14	14	(a) Except as otherwise provided by this subsection, a [A]
15	15	fire fighter or police officer may file a grievance as provided by
16	16	this subchapter[. The fire fighter or police officer may file a
17	17	grievance] that relates to any aspect of the fire fighter's or
18	18	police officer's employment covered by this chapter [the same
19	19	aspects of the person's employment over which the civil service
20	20	commission for the employees of the municipality who are not
21	21	subject to this chapter would have lawful jurisdiction, including
22	22	but not limited to a written or oral reprimand, transfers, job
23	23	performance reviews, and job assignments]. The fire fighter or
24	24	police officer may not file a grievance relating to:
25	25	(1) a disciplinary suspension, indefinite suspension,
26	26	promotional pass over, or demotion or other action or decision for
27	27	which a hearing, review, or appeal is otherwise provided by this
28	28	chapter; or
29	29	(2) an allegation of discrimination based, in whole or
30	30	in part, on race, color, religion, sex, or national origin.
31	31	SECTION 2. Section 143.128, Local Government Code, is
32	32	amended by amending Subsection (a) and adding Subsection (f) to
33	33	read as follows:
34	34	(a) To begin a grievance action, a fire fighter or police
35	35	officer must file a completed written step I grievance form with the
36	36	person's department head or departmental grievance counselor
37	37	within 30 days after the date the fire fighter or police officer
38	38	knew or should have known of the action or inaction for which the
39	39	person feels aggrieved occurred. A step I grievance form may be
40	40	obtained from the departmental grievance counselor. If the form is
41	41	not timely filed, the grievance is waived.
42	42	(f) If the supervisor does not provide the response required
43	43	by Subsection (d) before the 16th day after the date the meeting
44	44	occurs, the department head shall sustain the fire fighter's or
45	45	police officer's grievance.
46	46	SECTION 3. Section 143.129, Local Government Code, is
47	47	amended by adding Subsection (e) to read as follows:
48	48	(e) If the department head or the department head's
49	49	representative does not provide the response required by Subsection
50	50	(c) before the 16th day after the date the meeting occurs, the
51	51	department head shall sustain the fire fighter's or police
52	52	officer's grievance.
53	53	SECTION 4. The changes in law made by this Act to Sections
54	54	143.127, 143.128, and 143.129, Local Government Code, apply only to
55	55	grievances filed on or after the effective date of this Act. A
56	56	grievance filed before the effective date of this Act is governed by
57	57	the law in effect on the date the grievance was filed, and the
58	58	former law is continued in effect for that purpose.
59	59	SECTION 5. This Act takes effect September 1, 2009.