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A BILL TO BE ENTITLED
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AN ACT
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relating to establishment of an employee grievance procedure for |
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the Health and Human Services Commission and Department of Family |
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and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 531, Government Code, is |
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amended by adding Section 531.0095 to read as follows: |
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Sec. 531.0095. EMPLOYEE GRIEVANCE PROCEDURE. (a) The |
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executive commissioner by rule shall establish a grievance |
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procedure for commission employees. The procedure must allow a |
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commission employee to appeal an employment action taken by the |
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commission regarding: |
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(1) a disciplinary action imposed on the employee, |
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including: |
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(A) an oral or written reprimand; |
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(B) a demotion; |
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(C) a suspension; |
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(D) a reduction in compensation; and |
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(E) a termination for cause and at will; or |
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(2) the employee's compensation or working conditions, |
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including the hours the employee is required to work. |
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(b) An appeal made under this section is considered to be a |
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contested case under Chapter 2001. |
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SECTION 2. Subchapter B, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.0335 to read as follows: |
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Sec. 40.0335. EMPLOYEE GRIEVANCE PROCEDURE. (a) The |
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commissioner by rule shall establish a grievance procedure for |
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department employees. The procedure must allow a department |
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employee to appeal an employment action taken by the department |
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regarding: |
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(1) a disciplinary action imposed on the employee, |
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including: |
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(A) an oral or written reprimand; |
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(B) a demotion; |
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(C) a suspension; |
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(D) a reduction in compensation; and |
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(E) a termination for cause and at will; or |
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(2) the employee's compensation or working conditions, |
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including the hours the employee is required to work. |
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(b) An appeal made under this section is considered to be a |
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contested case under Chapter 2001, Government Code. |
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SECTION 3. Not later than January 1, 2022: |
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(1) the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Section 531.0095, Government Code, as added by this Act; and |
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(2) the commissioner of the Department of Family and |
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Protective Services shall adopt rules necessary to implement |
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Section 40.0335, Human Resources Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |