Bill Text: TX HB3711 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the administration of oaths and issuance of subpoenas in certain county or sheriff department employee grievance proceedings; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-12 - Placed on General State Calendar [HB3711 Detail]
Download: Texas-2015-HB3711-Comm_Sub.html
84R23216 SCL-F | |||
By: Márquez | H.B. No. 3711 | ||
Substitute the following for H.B. No. 3711: | |||
By: Anderson of Dallas | C.S.H.B. No. 3711 |
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relating to the administration of oaths and issuance of subpoenas | ||
in certain county or sheriff department employee grievance | ||
proceedings; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 174, Local Government | ||
Code, is amended by adding Section 174.009 to read as follows: | ||
Sec. 174.009. OATHS AND SUBPOENAS IN GRIEVANCE PROCEEDINGS. | ||
(a) An arbitrator or hearing officer authorized to hear a grievance | ||
proceeding under a collective bargaining agreement has the | ||
authority to administer oaths and issue subpoenas in the manner and | ||
to the extent authorized for an arbitration board under Section | ||
174.157, except that: | ||
(1) a request for a subpoena under this subsection | ||
must be made not later than the 10th day before the date the | ||
proceeding will be held, except for good cause shown; 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. | ||
(b) An oath administered under this section has the same | ||
force and effect as an oath administered by a magistrate in the | ||
magistrate's judicial capacity. | ||
(c) A response to a subpoena duces tecum under this section | ||
is considered to have been made under oath. | ||
(d) A person who is subpoenaed under this section commits an | ||
offense if the person fails to appear as required by the subpoena. | ||
An offense under this section is a misdemeanor punishable by a fine | ||
up to $1,000, confinement in the county jail for not more than 30 | ||
days, or both the fine and confinement. | ||
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. |