By:  Armbrister                                        S.B. No. 914
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to disciplinary procedures for commissioned peace officers
    1-2  and other employees of the Texas Alcoholic Beverage Commission.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
    1-5  is amended by adding Section 5.104 to read as follows:
    1-6        Sec. 5.104.  EMPLOYEE DISCIPLINARY PROCEDURES.  (a)  The
    1-7  commission or the administrator may not take a disciplinary action
    1-8  against a commissioned peace officer or another employee of the
    1-9  commission without just cause or without providing due process.
   1-10        (b)  An officer or employee who is subject to disciplinary
   1-11  action is entitled to an internal appeal of the action before the
   1-12  action becomes final.  The commission shall adopt a rule
   1-13  establishing procedures for an internal appeal and shall provide a
   1-14  written description of the rule to the commission's employees.
   1-15        (c)  The commission shall place an officer or employee who is
   1-16  dismissed for cause on administrative leave without pay until the
   1-17  disposition of the internal appeal.  If the allegations that formed
   1-18  the basis for the dismissal are rejected on appeal, the commission
   1-19  shall reinstate the officer or employee to the person's former
   1-20  status and the officer or employee is entitled to back pay in the
   1-21  amount equal to the pay withheld during the administrative leave
   1-22  imposed by the commission.
   1-23        (d)  In this section, "disciplinary action" means a written
   1-24  reprimand, suspension without pay, demotion for cause, disciplinary
    2-1  probation, or dismissal.
    2-2        SECTION 2.  This Act takes effect September 1, 1995.
    2-3        SECTION 3.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.