Texas 2013 - 83rd Regular

Texas Senate Bill SB1691 Compare Versions

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1	1	By: Rodriguez S.B. No. 1691
2	2	(In the Senate - Filed March 8, 2013; March 25, 2013, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 22, 2013, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 4, Nays 0;
6	6	April 22, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1691 By: Nichols, Garcia
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the administration of oaths and issuance of subpoenas
13	13	in an arbitration proceeding involving firefighters or police
14	14	officers in certain political subdivisions.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subchapter E, Chapter 174, Local Government
17	17	Code, is amended by adding Section 174.1575 to read as follows:
18	18	Sec. 174.1575. OATHS AND SUBPOENAS IN ARBITRATION FOR
19	19	CERTAIN POLITICAL SUBDIVISIONS. (a) This section applies only to
20	20	a political subdivision that has adopted this chapter under Section
21	21	174.051 and that:
22	22	(1) borders the United Mexican States and has a
23	23	population of more than 800,000; or
24	24	(2) is located within a political subdivision
25	25	described by Subdivision (1).
26	26	(b) An arbitration board in a proceeding involving a public
27	27	employer, on request by a party to the arbitration or a designee of
28	28	a party, shall:
29	29	(1) administer oaths; and
30	30	(2) issue subpoenas and subpoenas duces tecum for the
31	31	attendance of witnesses and the production of books, records,
32	32	documents, papers, accounts, and other evidence relevant and
33	33	material to an issue presented to the board for determination.
34	34	(c) Except for good cause shown, a request under Subsection
35	35	(b) must be made not later than the 15th day before the date the
36	36	arbitration hearing is scheduled to commence.
37	37	(d) The following are not subject to a subpoena under this
38	38	section:
39	39	(1) a person who is actively engaged in providing
40	40	representation to a party to the arbitration; and
41	41	(2) notes and other documents prepared by a person
42	42	described by Subdivision (1) in the scope of the person's
43	43	representation.
44	44	(e) An oath administered under this section has the same
45	45	force and effect as an oath administered by a magistrate in the
46	46	magistrate's judicial capacity.
47	47	(f) A response to a subpoena duces tecum under this section
48	48	is considered to have been made under oath.
49	49	(g) This section supersedes any conflicting provision in a
50	50	collective bargaining agreement negotiated under this chapter only
51	51	to the extent that the agreement is inconsistent with this section.
52	52	Negotiated provisions of a collective bargaining agreement that are
53	53	not inconsistent with this section remain in full force and effect.
54	54	SECTION 2. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2013.
59	59	* * * * *