By Turner of Harris                                   H.B. No. 2349
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to grievance procedures for county and certain other local
    1-3  government employees.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 160.002, Local Government Code, as added
    1-6  by Senate Bill 200.  Act of the 71st Legislature, Regular Session,
    1-7  1989, is amended to read as follows:
    1-8        Sec. 160.002.  COUNTIES AND EMPLOYEES AFFECTED.  This chapter
    1-9  applies only to a county with a population of more than 2.4 million
   1-10  and all county (its) employees, including <but not limited to> the
   1-11  employees of road and bridge districts, flood control districts,
   1-12  adult probation departments (Community Supervision & Corrections),
   1-13  and juvenile probation departments, all employees of all elected
   1-14  County officials that are not covered by civil service including,
   1-15  but not limited to, employees of the County Judge, Commissioners,
   1-16  Assessor & Collector of Taxes, County Clerk, District Attorney,
   1-17  District Clerk, County Courts At Law Civil & Criminal, Courts of
   1-18  Appeals, District Courts-Civil-Criminal-Family, Family Juvenile,
   1-19  Justices of the Peace in the county.  However, this chapter does
   1-20  not apply to (the) employees covered by civil service <of a
   1-21  sheriff's department>.
   1-22        SECTION 2.  Section 169.003, Local Government Code, as added
   1-23  by Senate Bill 220, Acts of the 71st Legislature, Regular Session,
    2-1  1989, is amended to read as follows:
    2-2        Sec. 160.003.  DEFINITIONS <Definition>.  In this chapter:
    2-3        (1)  "Aggrieved employee" means an employee who claims a
    2-4  grievance in accordance with this chapter.
    2-5        (2)  "Employer" means the immediate supervisor of an
    2-6  aggrieved employee or the supervisory authority over the conditions
    2-7  or circumstances which gave rise to the grievance.
    2-8        (3)  "Days" means calendar days, including holidays and
    2-9  weekends.
   2-10        (4)  "Response received" means that the grievant has
   2-11  indicated receipt of the document by personal signature.
   2-12        (4)  "Grievance" þL(,     "grievance"ää means any employee
   2-13  complaint (a þLclaim by an employee that the employee was adversely
   2-14  affected by a violation, misinterpretation, misapplication, or
   2-15  disparity in the application of a specific law, ordinance,
   2-16  resolution, written or unwritten policy, or ruleää regarding wages,
   2-17  hours of (employment <work, or> þLand workingää conditions <of work>, and
   2-18  any disciplinary action including, but not limited to, performance
   2-19  evaluations, warnings, permanent suspensions and terminations.
   2-20        SECTION 3.  SECTION 160.005, Local Government Code, as added
   2-21  by Senate Bill 220, Acts of the 71st Legislature, Regular Session,
   2-22  1989, is amended to read as follows:
   2-23        Sec. 160.005.  STANDARDIZED GRIEVANCE PROCEDURE.  (a)  The
   2-24  commissioners court of the county shall enact orders consistent
   2-25  with this section to provide for:
    3-1        (1)  the annual appointment of a county grievance resolutions
    3-2  committee(s);
    3-3        (2)  <filing of written grievances>;
    3-4        ((2)  <written responses to the grievance allegations>;
    3-5        ((3)  <procedures for appeal to an appointed county grievance
    3-6  resolutions committee>;
    3-7        ((4)  <further appeal to the commissioners court;>
    3-8        ((5)  <presentation of grievance by an employee's requested
    3-9  representative;>
   3-10        <(6)>  reasonable leave with pay for the grievant, the
   3-11  witnesses, the grievant designated representative and for the
   3-12  presentation of grievance; and
   3-13        (3) <(7)>  other necessary procedures to permit effective
   3-14  implementation of this chapter that shall be adopted by
   3-15  commissioners court and shall include the following.
   3-16        (b)  the orders and procedures shall apply equally to all
   3-17  employees of the county, including those employees enumerated in
   3-18  Section 160.002, including employees of independent elected
   3-19  officials <, and shall provide for reasonable timetables for filing
   3-20  and responding to grievances>.
   3-21        (c)  Within 30 days, after the date that an aggrieved
   3-22  employee discovers the cause for a grievance under this chapter,
   3-23  the aggrieved employee may file a written grievance with the
   3-24  appropriate employer without meeting any other prerequisite to
   3-25  filing.
    4-1        (d)  Within ten days after the date that an employer receives
    4-2  a grievance, the employer shall meet with the aggrieved employee to
    4-3  discuss the grievance.  Within ten days after the date of that
    4-4  discussion, the employer shall provide to the aggrieved employees a
    4-5  written response to the grievance.
    4-6        (e)  If the aggrieved employee is not satisfied with the
    4-7  response received in accordance with Subsection (d), the aggrieved
    4-8  employee, within ten days after the date the employee received the
    4-9  response, may file the written grievance with the level of
   4-10  management immediately above the employer.  Within ten days after
   4-11  the representative of that level of management receives a
   4-12  grievance, the representative shall meet with the aggrieved
   4-13  employee to discuss the grievance.  Within ten days after the date
   4-14  of that discussion, the representative shall provide to the
   4-15  aggrieved employee a written response to the grievance.
   4-16        (f)  If the aggrieved employee is not satisfied with the
   4-17  response received under Subsection (e), the aggrieved employee may
   4-18  repeat the procedure of Subsection (d) with each successively
   4-19  higher level of management up to the highest ranking nonelected or
   4-20  elected official in the district, department, board, commission, or
   4-21  other entity that employs the aggrieved employee, and each level of
   4-22  management must respond in the manner provided by Subsection (d).
   4-23  All meetings between the grievant, the grievant's representative(w)
   4-24  and the employer shall be arranged promptly at a mutually agreeable
   4-25  date and time to all parties of the grievance including the
    5-1  representative(s).  If the employer fails to arrange a meeting
    5-2  within ten days, the grievant may present the grievance to the next
    5-3  higher level of the grievance procedure.
    5-4        (g)  If an aggrieved employee has exhausted the grievance
    5-5  procedure provided by Subsections (c)-(f), the employee may request
    5-6  a hearing to review the grievance before the county grievance
    5-7  resolutions committee by filing a written grievance with the
    5-8  committee.  Within ten days after the date that the committee
    5-9  receives the grievance, the committee shall set a time and place
   5-10  for a hearing on the grievance and notify the aggrieved employee.
   5-11        (h)  The aggrieved employees may be represented by another,
   5-12  as determined by the employee, at any stage of the grievance
   5-13  procedure under this section.
   5-14        (i)  If the aggrieved employee requests, the hearing must be
   5-15  open to the public.  The committee shall arrange for the appearance
   5-16  of employees of the county to testify at the hearing if requested
   5-17  by the aggrieved employee, the employer, or any level of management
   5-18  of the district, department, board, commission, or other entity
   5-19  that employs the aggrieved employee.  All testimony at the hearing
   5-20  must be given under oath, and hearsay testimony may not be
   5-21  permitted.
   5-22        (j)  The committee shall record the hearing by an audio
   5-23  recorder and provide a written transcript of the hearing to the
   5-24  aggrieved employee within thirty days after the date of the
   5-25  hearing.
    6-1        (k)  At the conclusion of the hearing, the committee, by a
    6-2  vote of an majority of committee members, shall render a decision
    6-3  on the matter and notify the aggrieved employee.  The decision on
    6-4  the matter and notify the aggrieved employee.  The decision must
    6-5  discuss the evidence and the reasons for the decision.
    6-6        (l)  The commissioners court shall provide written notice to
    6-7  each employee subject to this chapter of the right to be
    6-8  represented by another during a grievance procedure.  The notice
    6-9  must include the name and telephone number of any county employee
   6-10  union.
   6-11        (m)  The commissioners court, by order, shall require that
   6-12  any action taken with respect to a grievance under this chapter
   6-13  must be evidenced by a written document.
   6-14        SECTION 4.  Section 160.005, Local Government Code, as added
   6-15  by Senate Bill 220, Acts of the 71st Legislature, Regular Session,
   6-16  1989, is amended to read as follows:
   6-17  Sec. 160.005.  The purpose of this act is to prevent employees of
   6-18  counties,f as enumerated in Section 160.002, from being terminated
   6-19  from their employment without just and good cause.  In this act
   6-20  "cause for termination" means that the employer has just and good
   6-21  reasons for the termination and that the employer adheres to the
   6-22  principles of progressive disciplinary action.  SECTION (45.
   6-23  Section 160.005, Local Government Code, as amended by this Act,
   6-24  applies only to a grievance based on events that occur before
   6-25  September 1, 1993, is covered by the law in effect on the date that
    7-1  the events occurred, and that law in continued in effect for that
    7-2  purpose.
    7-3        SECTION (56.  The importance of this legislation and the
    7-4  crowded condition of the calendars in both houses create an
    7-5  emergency and an imperative public necessity that the constitution
    7-6  rule requiring bills to be read on three separate days in each
    7-7  house is suspended, and this rule is hereby suspended, and that
    7-8  this ACT take effect and be in force from and after its passage,
    7-9  and it is so enacted.