| |
| |
|
|
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. |