By: Márquez H.B. No. 3711
A BILL TO BE ENTITLED
AN ACT
relating to the administration of oaths and issuance of subpoenas
in certain county or sheriff department employee grievance
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 158.0095, Local Government Code, is
amended by adding Subsection (f) to read as follows:
(f) An arbitrator or hearing officer authorized to hear a
grievance proceeding under a collective bargaining agreement
between a county and an employee association under Chapter 174 has
the authority to administer oaths and issue subpoenas in the manner
and to the extent authorized for the chairman of a commission under
this section, except that:
(1) except for good cause shown, a request under this
subsection must be made not later than the 10th day before the date
the proceeding will be held; and
(2) the following are not subject to a subpoena under
this subsection:
(A) a person who is actively engaged in providing
representation to a party to the proceeding; and
(B) notes and other documents prepared by a
person described by Paragraph (A) in the scope of the person's
representation.
SECTION 2. Section 158.0355, Local Government Code, is
amended by adding Subsection (f) to read as follows:
(f) An arbitrator or hearing officer authorized to hear a
grievance proceeding under a collective bargaining agreement
between a department and an employee association under Chapter 174
has the authority to administer oaths and issue subpoenas in the
manner and to the extent authorized for the chairman of a commission
under this section, except that the following are not subject to a
subpoena under this subsection:
(1) a person who is actively engaged in providing
representation to a party to the proceeding; and
(2) notes and other documents prepared by a person
described by Subdivision (1) in the scope of the person's
representation.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.