BILL ANALYSIS



C.S.S.B. 914
By: Armbrister (Yarbrough)
4-26-95
Committee Report (Substituted)


BACKGROUND

The Alcoholic Beverage Code does not provide a formal appeal
process for commissioned peace officers or employees subject to
disciplinary action.


PURPOSE

S.B. 914 sets forth the procedure for disciplining commissioned
peace officers and other employees of the Texas Alcoholic Beverage
Commission.


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Alcoholic Beverage Commission in SECTION 1 (Section
5.104(b), Alcoholic Beverage Code) of this bill.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 5A, Alcoholic Beverage Code, by adding
Section 5.104, as follows:

     Sec. 5.104.  EMPLOYEE DISCIPLINARY PROCEDURES.  (a) Prohibits
     the Texas Alcoholic Beverage Commission (commission) or the
     administrator from taking disciplinary action against a
     commissioned peace officer or another commission employee
     without just cause or providing due process.
     
     (b) Entitles an officer or employee who is subject to
       disciplinary action to an internal appeal before the action
       becomes final.  Requires the commission to adopt a rule
       establishing procedures for an internal appeal and to
       provide a written description of the rule to the
       commission's employees.
       
       (c) Requires the commission to place an officer or employee
       who is dismissed for cause on administrative leave without
       pay until the disposition of the appeal.  Requires the
       commission to reinstate the person to the person's former
       status and entitles the person to the back pay if the
       allegations are dismissed on appeal.
       
       (d) Defines "disciplinary action", and also defines "officer
       or employee".
       
       
SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds a definition of "officer or employee" to mean
a commissioned peace officer or an employee of the commission who
is compensated at an amount less than the rate prescribed for a
step 1, salary group 21 of the salary classification schedule.  The
original did not contain this definition.

SUMMARY OF COMMITTEE ACTION

SB 914 was heard in a Public Hearing on April 26, 1995.  The Chair
laid out SB 914, and recognized the House Sponsor, Rep. Yarbrough
to explain the bill.  Rep. Jones offered a complete committee
substitute to SB 914, and moved that the full committee adopt CSHB
914.  There was no objection.  The Chair recognized the following
persons to testify in favor of the bill:
     Mr. Jack Means, Tx. Conference of Police and Sheriffs;
     Mr. William C. Farquhar, Tx. Alcoholic Beverage Comm. Agents
Assoc.;
The Chair recognized Rep. Yarbrough to close.  Rep. Pickett moved
that the full committee adopt SB 914 as substituted, and that it be
reported favorably to the full House with the recommendation that
it do pass and be printed, and placed on the Local and Consent
Calendar.  The motion prevailed by the following vote:  AYES: 6,
NAYS: 0, ABSENT: 3.