| 1 | 1 | | 84R5866 JSC-F |
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| 2 | 2 | | By: Garcia S.B. No. 368 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the right of a public employee to representation in |
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| 8 | 8 | | certain internal investigatory interviews. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 617, Government Code, is amended by |
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| 11 | 11 | | adding Section 617.0045 to read as follows: |
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| 12 | 12 | | Sec. 617.0045. RIGHT TO CERTAIN REPRESENTATION. (a) In any |
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| 13 | 13 | | investigatory interview of a public employee initiated by the |
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| 14 | 14 | | employee's public employer that the employee reasonably believes |
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| 15 | 15 | | may result in disciplinary action, the public employee, on request, |
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| 16 | 16 | | is entitled to be represented by any labor organization for which |
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| 17 | 17 | | the employee is eligible for membership by virtue of the employee's |
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| 18 | 18 | | employment. |
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| 19 | 19 | | (b) On request of the public employee for representation, |
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| 20 | 20 | | the public employer shall: |
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| 21 | 21 | | (1) grant the request and delay the interview until |
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| 22 | 22 | | the representative arrives and has had an opportunity to consult |
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| 23 | 23 | | privately with the employee; |
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| 24 | 24 | | (2) deny the request and end the interview |
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| 25 | 25 | | immediately; or |
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| 26 | 26 | | (3) offer the employee the choice of continuing the |
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| 27 | 27 | | interview unrepresented or accepting any disciplinary action |
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| 28 | 28 | | determined by the employer without an interview. |
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| 29 | 29 | | (c) A public employer who grants a public employee's request |
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| 30 | 30 | | under Subsection (b)(1) must provide the employee reasonable time |
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| 31 | 31 | | to obtain representation. |
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| 32 | 32 | | (d) This section does not entitle a public employee to |
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| 33 | 33 | | representation: |
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| 34 | 34 | | (1) in an interview: |
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| 35 | 35 | | (A) if the interview is conducted for the purpose |
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| 36 | 36 | | of conveying work instructions, training, or communicating needed |
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| 37 | 37 | | corrections in the employee's work techniques; |
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| 38 | 38 | | (B) if the public employer is not using the |
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| 39 | 39 | | interview to investigate for a possible disciplinary action and the |
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| 40 | 40 | | employer informs the employee before the interview that no |
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| 41 | 41 | | disciplinary action may result from the interview; or |
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| 42 | 42 | | (C) if, before the interview, the employer has |
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| 43 | 43 | | reached a final decision to take disciplinary action against the |
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| 44 | 44 | | employee and the purpose of the interview is to inform the employee |
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| 45 | 45 | | of that action or to take that action; or |
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| 46 | 46 | | (2) in any conversation or discussion with the |
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| 47 | 47 | | employer that is initiated by the employee, without employer |
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| 48 | 48 | | encouragement or instigation, regarding previously determined |
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| 49 | 49 | | disciplinary action to be taken against the employee after the |
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| 50 | 50 | | employee has been informed of that action. |
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| 51 | 51 | | (e) A public employer is not required to inform a public |
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| 52 | 52 | | employee of the employee's right to representation under this |
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| 53 | 53 | | section. |
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| 54 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2015. |
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