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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 certain county or sheriff department employee grievance |
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proceedings; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 174, Local Government |
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Code, is amended by adding Section 174.009 to read as follows: |
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Sec. 174.009. OATHS AND SUBPOENAS IN GRIEVANCE PROCEEDINGS. |
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(a) An arbitrator or hearing officer authorized to hear a grievance |
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proceeding under a collective bargaining agreement has the |
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authority to administer oaths and issue subpoenas in the manner and |
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to the extent authorized for an arbitration board under Section |
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174.157, except that: |
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(1) a request for a subpoena under this subsection |
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must be made not later than the 10th day before the date the |
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proceeding will be held, except for good cause shown; and |
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(2) the following are not subject to a subpoena under |
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this subsection: |
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(A) a person who is actively engaged in providing |
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representation to a party to the proceeding; and |
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(B) notes and other documents prepared by a |
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person described by Paragraph (A) in the scope of the person's |
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representation. |
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(b) 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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(c) 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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(d) 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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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, 2015. |