84R5866 JSC-F
By: Garcia S.B. No. 368
A BILL TO BE ENTITLED
AN ACT
relating to the right of a public employee to representation in
certain internal investigatory interviews.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 617, Government Code, is amended by
adding Section 617.0045 to read as follows:
Sec. 617.0045. RIGHT TO CERTAIN REPRESENTATION. (a) In any
investigatory interview of a public employee initiated by the
employee's public employer that the employee reasonably believes
may result in disciplinary action, the public employee, on request,
is entitled to be represented by any labor organization for which
the employee is eligible for membership by virtue of the employee's
employment.
(b) On request of the public employee for representation,
the public employer shall:
(1) grant the request and delay the interview until
the representative arrives and has had an opportunity to consult
privately with the employee;
(2) deny the request and end the interview
immediately; or
(3) offer the employee the choice of continuing the
interview unrepresented or accepting any disciplinary action
determined by the employer without an interview.
(c) A public employer who grants a public employee's request
under Subsection (b)(1) must provide the employee reasonable time
to obtain representation.
(d) This section does not entitle a public employee to
representation:
(1) in an interview:
(A) if the interview is conducted for the purpose
of conveying work instructions, training, or communicating needed
corrections in the employee's work techniques;
(B) if the public employer is not using the
interview to investigate for a possible disciplinary action and the
employer informs the employee before the interview that no
disciplinary action may result from the interview; or
(C) if, before the interview, the employer has
reached a final decision to take disciplinary action against the
employee and the purpose of the interview is to inform the employee
of that action or to take that action; or
(2) in any conversation or discussion with the
employer that is initiated by the employee, without employer
encouragement or instigation, regarding previously determined
disciplinary action to be taken against the employee after the
employee has been informed of that action.
(e) A public employer is not required to inform a public
employee of the employee's right to representation under this
section.
SECTION 2. 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.