| 1 | 1 | | 83R20175 PAM-F |
|---|
| 2 | 2 | | By: Walle H.B. No. 2175 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 2175: |
|---|
| 4 | 4 | | By: Dutton C.S.H.B. No. 2175 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to grievance procedures for firefighters in certain |
|---|
| 10 | 10 | | municipalities. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 143.128, Local Government Code, is |
|---|
| 13 | 13 | | amended by adding Subsection (b-1) to read as follows: |
|---|
| 14 | 14 | | (b-1) If the departmental grievance counselor does not |
|---|
| 15 | 15 | | schedule a step I meeting within the period required by Subsection |
|---|
| 16 | 16 | | (b), the fire fighter may continue to pursue the grievance action by |
|---|
| 17 | 17 | | filing a step II grievance form with the department head or |
|---|
| 18 | 18 | | departmental grievance counselor in accordance with Section |
|---|
| 19 | 19 | | 143.129. |
|---|
| 20 | 20 | | SECTION 2. Section 143.129, Local Government Code, is |
|---|
| 21 | 21 | | amended by amending Subsection (a) and adding Subsection (b-1) to |
|---|
| 22 | 22 | | read as follows: |
|---|
| 23 | 23 | | (a) To continue the grievance procedure, the fire fighter or |
|---|
| 24 | 24 | | police officer must complete a step II grievance form and file it |
|---|
| 25 | 25 | | with the department head or the departmental grievance counselor |
|---|
| 26 | 26 | | within 15 calendar days after: |
|---|
| 27 | 27 | | (1) the last day for scheduling a step I meeting |
|---|
| 28 | 28 | | expires as provided by Section 143.128(b-1), for a grievance filed |
|---|
| 29 | 29 | | by a fire fighter; or |
|---|
| 30 | 30 | | (2) the date the fire fighter or police officer |
|---|
| 31 | 31 | | receives the supervisor's response under Section 143.128. |
|---|
| 32 | 32 | | (b-1) If the step II meeting is not held within the period |
|---|
| 33 | 33 | | required by Subsection (b), the fire fighter may continue to pursue |
|---|
| 34 | 34 | | the grievance action by: |
|---|
| 35 | 35 | | (1) submitting a written request to the director |
|---|
| 36 | 36 | | stating the fire fighter's decision to appeal to an independent |
|---|
| 37 | 37 | | third party hearing examiner as provided by Section 143.057; or |
|---|
| 38 | 38 | | (2) filing a step III grievance form with the director |
|---|
| 39 | 39 | | in accordance with Section 143.130. |
|---|
| 40 | 40 | | SECTION 3. Section 143.130(a), Local Government Code, is |
|---|
| 41 | 41 | | amended to read as follows: |
|---|
| 42 | 42 | | (a) To continue the grievance procedure, the fire fighter or |
|---|
| 43 | 43 | | police officer must complete a step III grievance form and file it |
|---|
| 44 | 44 | | with the director within 15 calendar days after: |
|---|
| 45 | 45 | | (1) the last day for holding a step II meeting expires |
|---|
| 46 | 46 | | as provided by Section 143.129(b-1), for a grievance filed by a fire |
|---|
| 47 | 47 | | fighter; or |
|---|
| 48 | 48 | | (2) the date the fire fighter or police officer |
|---|
| 49 | 49 | | receives the department head's response under Section 143.129. |
|---|
| 50 | 50 | | SECTION 4. The changes in law made by this Act apply only to |
|---|
| 51 | 51 | | a grievance filed on or after September 1, 2013. |
|---|
| 52 | 52 | | SECTION 5. This Act takes effect September 1, 2013. |
|---|