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.