By Ellis S.B. No. 895
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 5, Local Government Code, is
1-6 amended by adding Chapter 145 to read as follows:
1-7 CHAPTER 145. EMPLOYEE GRIEVANCE PROCEDURES IN CERTAIN
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.