By: Gallegos S.B. No. 1896
(In the Senate - Filed March 11, 2009; March 24, 2009, read
first time and referred to Committee on Intergovernmental
Relations; April 15, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
April 15, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1896 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to the grievance procedure for firefighters and police
officers in certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 143.127, Local
Government Code, is amended to read as follows:
(a) Except as otherwise provided by this subsection, a [A]
fire fighter or police officer may file a grievance as provided by
this subchapter[. The fire fighter or police officer may file a
grievance] that relates to any aspect of the fire fighter's or
police officer's employment covered by this chapter [the same
aspects of the person's employment over which the civil service
commission for the employees of the municipality who are not
subject to this chapter would have lawful jurisdiction, including
but not limited to a written or oral reprimand, transfers, job
performance reviews, and job assignments]. The fire fighter or
police officer may not file a grievance relating to:
(1) a disciplinary suspension, indefinite suspension,
promotional pass over, or demotion or other action or decision for
which a hearing, review, or appeal is otherwise provided by this
chapter; or
(2) an allegation of discrimination based, in whole or
in part, on race, color, religion, sex, or national origin.
SECTION 2. Section 143.128, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (f) to
read as follows:
(a) To begin a grievance action, a fire fighter or police
officer must file a completed written step I grievance form with the
person's department head or departmental grievance counselor
within 30 days after the date the fire fighter or police officer
knew or should have known of the action or inaction for which the
person feels aggrieved occurred. A step I grievance form may be
obtained from the departmental grievance counselor. If the form is
not timely filed, the grievance is waived.
(f) If the supervisor does not provide the response required
by Subsection (d) before the 16th day after the date the meeting
occurs, the department head shall sustain the fire fighter's or
police officer's grievance.
SECTION 3. Section 143.129, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) If the department head or the department head's
representative does not provide the response required by Subsection
(c) before the 16th day after the date the meeting occurs, the
department head shall sustain the fire fighter's or police
officer's grievance.
SECTION 4. The changes in law made by this Act to Sections
143.127, 143.128, and 143.129, Local Government Code, apply only to
grievances filed on or after the effective date of this Act. A
grievance filed before the effective date of this Act is governed by
the law in effect on the date the grievance was filed, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.
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