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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of oaths and issuance of subpoenas |
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in an arbitration proceeding involving firefighters or police |
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officers in certain political subdivisions; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 174, Local Government |
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Code, is amended by adding Section 174.1575 to read as follows: |
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Sec. 174.1575. OATHS AND SUBPOENAS IN ARBITRATION FOR |
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CERTAIN POLITICAL SUBDIVISIONS. (a) This section applies only to a |
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political subdivision that has adopted this chapter under Section |
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174.051 and that: |
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(1) borders the United Mexican States and has a |
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population of more than 800,000; or |
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(2) is located within a political subdivision |
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described by Subdivision (1). |
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(b) An arbitration board in a proceeding involving a public |
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employer, on request by a party to the arbitration or a designee of |
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a party, shall: |
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(1) administer oaths; and |
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(2) issue subpoenas and subpoenas duces tecum for the |
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attendance of witnesses and the production of books, records, |
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documents, papers, accounts, and other evidence relevant and |
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material to an issue presented to the board for determination. |
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(c) Except for good cause shown, a request under Subsection |
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(b) must be made not later than the 15th day before the date the |
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arbitration hearing is scheduled to commence. |
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(d) The following are not subject to a subpoena under this |
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section: |
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(1) a person who is actively engaged in providing |
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representation to a party to the arbitration; and |
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(2) notes and other documents prepared by a person |
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described by Subdivision (1) in the scope of the person's |
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representation. |
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(e) An oath administered under this section has the same |
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force and effect as an oath administered by a magistrate in the |
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magistrate's judicial capacity. |
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(f) A response to a subpoena duces tecum under this section |
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is considered to have been made under oath. |
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(g) A person who is subpoenaed under this section commits an |
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offense if the person fails to appear as required by the subpoena. |
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An offense under this section is a misdemeanor punishable by a fine |
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up to $1,000, confinement in the county jail for not more than 30 |
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days, or both the fine and confinement. |
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(h) This section supersedes any conflicting provision in a |
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collective bargaining agreement negotiated under this chapter only |
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to the extent that the agreement is inconsistent with this section. |
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Negotiated provisions of a collective bargaining agreement that are |
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not inconsistent with this section remain in full force and effect. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |