| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to establishment of an employee grievance procedure by the |
|
|
Health and Human Services Commission and Department of Family and |
|
|
Protective Services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 531, Government Code, is |
|
|
amended by adding Section 531.0095 to read as follows: |
|
|
Sec. 531.0095. EMPLOYEE GRIEVANCE PROCEDURE. (a) The |
|
|
executive commissioner by rule shall establish a grievance |
|
|
procedure for commission employees. The procedure must allow a |
|
|
commission employee to appeal an employment action taken by the |
|
|
commission regarding: |
|
|
(1) a disciplinary action imposed on the employee, |
|
|
including: |
|
|
(A) an oral or written reprimand; |
|
|
(B) a demotion; |
|
|
(C) a suspension; |
|
|
(D) a reduction in compensation; and |
|
|
(E) a termination for cause and at will; or |
|
|
(2) the employee's compensation or working conditions, |
|
|
including the hours the employee is required to work. |
|
|
(b) An appeal made under this section is considered to be a |
|
|
contested case under Chapter 2001. |
|
|
SECTION 2. Subchapter B, Chapter 40, Human Resources Code, |
|
|
is amended by adding Section 40.0335 to read as follows: |
|
|
Sec. 40.0335. EMPLOYEE GRIEVANCE PROCEDURE. (a) The |
|
|
commissioner by rule shall establish a grievance procedure for |
|
|
department employees. The procedure must allow a department |
|
|
employee to appeal an employment action taken by the department |
|
|
regarding: |
|
|
(1) a disciplinary action imposed on the employee, |
|
|
including: |
|
|
(A) an oral or written reprimand; |
|
|
(B) a demotion; |
|
|
(C) a suspension; |
|
|
(D) a reduction in compensation; and |
|
|
(E) a termination for cause and at will; or |
|
|
(2) the employee's compensation or working conditions, |
|
|
including the hours the employee is required to work. |
|
|
(b) An appeal made under this section is considered to be a |
|
|
contested case under Chapter 2001, Government Code. |
|
|
SECTION 3. Not later than January 1, 2024: |
|
|
(1) the executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules necessary to implement |
|
|
Section 531.0095, Government Code, as added by this Act; and |
|
|
(2) the commissioner of the Department of Family and |
|
|
Protective Services shall adopt rules necessary to implement |
|
|
Section 40.0335, Human Resources Code, as added by this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |