BILL ANALYSIS


                                                         S.B. 914
                                                   By: Armbrister
                                                    State Affairs
                                                          3-29-95
                                     Committee Report (Unamended)
BACKGROUND

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

PURPOSE

As proposed, 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."
SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.