| 1 | 1 | | 83R21409 SCL-F |
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| 2 | 2 | | By: Marquez H.B. No. 1329 |
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| 3 | 3 | | Substitute the following for H.B. No. 1329: |
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| 4 | 4 | | By: Dutton C.S.H.B. No. 1329 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the administration of oaths and issuance of subpoenas |
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| 10 | 10 | | in an arbitration proceeding involving firefighters or police |
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| 11 | 11 | | officers in certain political subdivisions; creating an offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter E, Chapter 174, Local Government |
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| 14 | 14 | | Code, is amended by adding Section 174.1575 to read as follows: |
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| 15 | 15 | | Sec. 174.1575. OATHS AND SUBPOENAS IN ARBITRATION FOR |
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| 16 | 16 | | CERTAIN POLITICAL SUBDIVISIONS. (a) This section applies only to a |
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| 17 | 17 | | political subdivision that has adopted this chapter under Section |
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| 18 | 18 | | 174.051 and that: |
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| 19 | 19 | | (1) borders the United Mexican States and has a |
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| 20 | 20 | | population of more than 800,000; or |
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| 21 | 21 | | (2) is located within a political subdivision |
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| 22 | 22 | | described by Subdivision (1). |
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| 23 | 23 | | (b) An arbitration board in a proceeding involving a public |
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| 24 | 24 | | employer, on request by a party to the arbitration or a designee of |
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| 25 | 25 | | a party, shall: |
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| 26 | 26 | | (1) administer oaths; and |
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| 27 | 27 | | (2) issue subpoenas and subpoenas duces tecum for the |
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| 28 | 28 | | attendance of witnesses and the production of books, records, |
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| 29 | 29 | | documents, papers, accounts, and other evidence relevant and |
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| 30 | 30 | | material to an issue presented to the board for determination. |
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| 31 | 31 | | (c) Except for good cause shown, a request under Subsection |
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| 32 | 32 | | (b) must be made not later than the 15th day before the date the |
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| 33 | 33 | | arbitration hearing is scheduled to commence. |
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| 34 | 34 | | (d) The following are not subject to a subpoena under this |
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| 35 | 35 | | section: |
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| 36 | 36 | | (1) a person who is actively engaged in providing |
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| 37 | 37 | | representation to a party to the arbitration; and |
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| 38 | 38 | | (2) notes and other documents prepared by a person |
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| 39 | 39 | | described by Subdivision (1) in the scope of the person's |
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| 40 | 40 | | representation. |
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| 41 | 41 | | (e) An oath administered under this section has the same |
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| 42 | 42 | | force and effect as an oath administered by a magistrate in the |
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| 43 | 43 | | magistrate's judicial capacity. |
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| 44 | 44 | | (f) A response to a subpoena duces tecum under this section |
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| 45 | 45 | | is considered to have been made under oath. |
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| 46 | 46 | | (g) A person who is subpoenaed under this section commits an |
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| 47 | 47 | | offense if the person fails to appear as required by the subpoena. |
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| 48 | 48 | | An offense under this section is a misdemeanor punishable by a fine |
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| 49 | 49 | | up to $1,000, confinement in the county jail for not more than 30 |
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| 50 | 50 | | days, or both the fine and confinement. |
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| 51 | 51 | | (h) This section supersedes any conflicting provision in a |
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| 52 | 52 | | collective bargaining agreement negotiated under this chapter only |
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| 53 | 53 | | to the extent that the agreement is inconsistent with this section. |
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| 54 | 54 | | Negotiated provisions of a collective bargaining agreement that are |
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| 55 | 55 | | not inconsistent with this section remain in full force and effect. |
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| 56 | 56 | | SECTION 2. This Act takes effect immediately if it receives |
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| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 60 | | Act takes effect September 1, 2013. |
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