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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a public employee to representation in |
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certain internal investigatory interviews. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 617, Government Code, is amended by |
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adding Section 617.0045 to read as follows: |
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Sec. 617.0045. RIGHT TO CERTAIN REPRESENTATION. (a) In any |
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investigatory interview of a public employee initiated by the |
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employee's public employer that the employee reasonably believes |
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may result in disciplinary action, the public employee, on request, |
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is entitled to be represented by any labor organization for which |
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the employee is eligible for membership by virtue of the employee's |
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employment. |
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(b) On request of the public employee for representation, |
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the public employer shall: |
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(1) grant the request and delay the interview until |
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the representative arrives and has had an opportunity to consult |
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privately with the employee; |
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(2) deny the request and end the interview |
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immediately; or |
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(3) offer the employee the choice of continuing the |
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interview unrepresented or accepting any disciplinary action |
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determined by the employer without an interview. |
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(c) A public employer who grants a public employee's request |
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under Subsection (b)(1) must provide the employee reasonable time |
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to obtain representation. |
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(d) This section does not entitle a public employee to |
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representation: |
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(1) in an interview: |
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(A) if the interview is conducted for the purpose |
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of conveying work instructions, training, or communicating needed |
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corrections in the employee's work techniques; |
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(B) if the public employer is not using the |
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interview to investigate for a possible disciplinary action and the |
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employer informs the employee before the interview that no |
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disciplinary action may result from the interview; or |
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(C) if, before the interview, the employer has |
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reached a final decision to take disciplinary action against the |
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employee and the purpose of the interview is to inform the employee |
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of that action or to take that action; or |
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(2) in any conversation or discussion with the |
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employer that is initiated by the employee, without employer |
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encouragement or instigation, regarding previously determined |
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disciplinary action to be taken against the employee after the |
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employee has been informed of that action. |
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(e) A public employer is not required to inform a public |
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employee of the employee's right to representation under this |
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section. |
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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. |