By Dutton                                             H.B. No. 1769
       74R5763 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to establishing employee grievance procedures for certain
    1-3  municipalities.
    1-5        SECTION 1.  Subtitle A, Title 5, Local Government Code, is
    1-6  amended by adding Chapter 145 to read as follows:
    1-8                            MUNICIPALITIES
    1-9        Sec. 145.001.  APPLICABILITY.   This chapter applies only to
   1-10  a municipality with a population of 100,000 or more.
   1-11        Sec. 145.002.  DEFINITIONS.  In this chapter:
   1-12              (1)  "Employee" means an employee of a municipality who
   1-13  is not a police officer or firefighter covered by Chapter 143 or
   1-14  174.
   1-15              (2)  "Disciplinary action" means a reprimand,
   1-16  suspension, termination, denial of promotion, or similar action
   1-17  taken by a municipality against an employee for a violation of a
   1-18  municipal rule or procedure.
   1-19              (3)  "Grievance" means:
   1-20                    (A)  a written complaint by an employee alleging
   1-21  a violation, misinterpretation, misapplication, or disparity in the
   1-22  application of a specific law, ordinance, resolution, policy, rule,
   1-23  or procedure that applies to a municipality or its employees; or
   1-24                    (B)  a written appeal by an employee who is the
    2-1  subject of a disciplinary action.
    2-2        Sec. 145.003.  WRITTEN EMPLOYEE POLICY REQUIRED.  (a)  A
    2-3  municipality shall adopt written rules and procedures that define
    2-4  the standards of conduct for employees.
    2-5        (b)  A municipality may not take disciplinary action against
    2-6  an employee unless the action relates to the employee's violation
    2-7  of a written rule or procedure adopted under Subsection (a).
    2-8        (c)  Before taking disciplinary action against an employee, a
    2-9  municipality must send the employee written notice of the rule or
   2-10  procedure the employee allegedly violated.
   2-11        Sec. 145.004.  GRIEVANCE PROCEDURE REQUIRED.  (a)  A
   2-12  municipality shall adopt a written grievance procedure to consider
   2-13  employee grievances.
   2-14        (b)  The procedure must:
   2-15              (1)  establish reasonable time limits for filing a
   2-16  grievance;
   2-17              (2)  provide that the municipality will consider a
   2-18  grievance not later than the 90th day after the date an employee
   2-19  files the grievance; and
   2-20              (3)  provide a public hearing before a hearing board
   2-21  and allow the employee or the employee's representative to present
   2-22  evidence relating to a grievance that involves an appeal of a
   2-23  disciplinary action.
   2-24        Sec. 145.005.  GRIEVANCE HEARING BOARD.   (a)  A municipality
   2-25  shall establish a hearing board to consider employee grievances.
   2-26  The board must consist of an even number of members, with half of
   2-27  the members chosen by the governing body of the municipality and
    3-1  half by the municipality's employees.
    3-2        (b)  The governing body of the municipality shall appoint
    3-3  members to the board.  The employees shall elect members to the
    3-4  board by a majority vote of the employees who vote on the matter.
    3-5        (c)  The members of the hearing board shall elect a person as
    3-6  a member to serve as presiding officer of the board.  The members
    3-7  may not elect an employee of the municipality to serve as the
    3-8  presiding officer.
    3-9        (d)  The board may issue a decision by a majority vote of the
   3-10  full membership of the hearing board members.  The hearing board
   3-11  may base its decision only on the evidence presented in a hearing.
   3-12        SECTION 2.  This Act takes effect September 1, 1995.
   3-13        SECTION 3.  The importance of this legislation and the
   3-14  crowded condition of the calendars in both houses create an
   3-15  emergency and an imperative public necessity that the
   3-16  constitutional rule requiring bills to be read on three several
   3-17  days in each house be suspended, and this rule is hereby suspended.