| 1 | 1 | | 84R23216 SCL-F |
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| 2 | 2 | | By: Márquez H.B. No. 3711 |
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| 3 | 3 | | Substitute the following for H.B. No. 3711: |
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| 4 | 4 | | By: Anderson of Dallas C.S.H.B. No. 3711 |
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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 certain county or sheriff department employee grievance |
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| 11 | 11 | | proceedings; creating a criminal 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 A, Chapter 174, Local Government |
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| 14 | 14 | | Code, is amended by adding Section 174.009 to read as follows: |
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| 15 | 15 | | Sec. 174.009. OATHS AND SUBPOENAS IN GRIEVANCE PROCEEDINGS. |
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| 16 | 16 | | (a) An arbitrator or hearing officer authorized to hear a grievance |
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| 17 | 17 | | proceeding under a collective bargaining agreement has the |
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| 18 | 18 | | authority to administer oaths and issue subpoenas in the manner and |
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| 19 | 19 | | to the extent authorized for an arbitration board under Section |
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| 20 | 20 | | 174.157, except that: |
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| 21 | 21 | | (1) a request for a subpoena under this subsection |
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| 22 | 22 | | must be made not later than the 10th day before the date the |
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| 23 | 23 | | proceeding will be held, except for good cause shown; and |
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| 24 | 24 | | (2) the following are not subject to a subpoena under |
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| 25 | 25 | | this subsection: |
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| 26 | 26 | | (A) a person who is actively engaged in providing |
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| 27 | 27 | | representation to a party to the proceeding; and |
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| 28 | 28 | | (B) notes and other documents prepared by a |
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| 29 | 29 | | person described by Paragraph (A) in the scope of the person's |
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| 30 | 30 | | representation. |
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| 31 | 31 | | (b) An oath administered under this section has the same |
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| 32 | 32 | | force and effect as an oath administered by a magistrate in the |
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| 33 | 33 | | magistrate's judicial capacity. |
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| 34 | 34 | | (c) A response to a subpoena duces tecum under this section |
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| 35 | 35 | | is considered to have been made under oath. |
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| 36 | 36 | | (d) A person who is subpoenaed under this section commits an |
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| 37 | 37 | | offense if the person fails to appear as required by the subpoena. |
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| 38 | 38 | | An offense under this section is a misdemeanor punishable by a fine |
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| 39 | 39 | | up to $1,000, confinement in the county jail for not more than 30 |
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| 40 | 40 | | days, or both the fine and confinement. |
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| 41 | 41 | | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2015. |
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