Bill Text: TX HB1329 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the administration of oaths and issuance of subpoenas in an arbitration proceeding involving firefighters or police officers in certain political subdivisions; creating an offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-08 - Placed on General State Calendar [HB1329 Detail]
Download: Texas-2013-HB1329-Comm_Sub.html
| 83R21409 SCL-F | |||
| By: Marquez | H.B. No. 1329 | ||
| Substitute the following for H.B. No. 1329: | |||
| By: Dutton | C.S.H.B. No. 1329 | ||
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| relating to the administration of oaths and issuance of subpoenas | ||
| in an arbitration proceeding involving firefighters or police | ||
| officers in certain political subdivisions; creating an offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 174, Local Government | ||
| Code, is amended by adding Section 174.1575 to read as follows: | ||
| Sec. 174.1575. OATHS AND SUBPOENAS IN ARBITRATION FOR | ||
| CERTAIN POLITICAL SUBDIVISIONS. (a) This section applies only to a | ||
| political subdivision that has adopted this chapter under Section | ||
| 174.051 and that: | ||
| (1) borders the United Mexican States and has a | ||
| population of more than 800,000; or | ||
| (2) is located within a political subdivision | ||
| described by Subdivision (1). | ||
| (b) An arbitration board in a proceeding involving a public | ||
| employer, on request by a party to the arbitration or a designee of | ||
| a party, shall: | ||
| (1) administer oaths; and | ||
| (2) issue subpoenas and subpoenas duces tecum for the | ||
| attendance of witnesses and the production of books, records, | ||
| documents, papers, accounts, and other evidence relevant and | ||
| material to an issue presented to the board for determination. | ||
| (c) Except for good cause shown, a request under Subsection | ||
| (b) must be made not later than the 15th day before the date the | ||
| arbitration hearing is scheduled to commence. | ||
| (d) The following are not subject to a subpoena under this | ||
| section: | ||
| (1) a person who is actively engaged in providing | ||
| representation to a party to the arbitration; and | ||
| (2) notes and other documents prepared by a person | ||
| described by Subdivision (1) in the scope of the person's | ||
| representation. | ||
| (e) 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. | ||
| (f) A response to a subpoena duces tecum under this section | ||
| is considered to have been made under oath. | ||
| (g) 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. | ||
| (h) This section supersedes any conflicting provision in a | ||
| collective bargaining agreement negotiated under this chapter only | ||
| to the extent that the agreement is inconsistent with this section. | ||
| Negotiated provisions of a collective bargaining agreement that are | ||
| not inconsistent with this section remain in full force and effect. | ||
| 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, 2013. | ||
