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.