S.B. No. 914
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 an officer or employee of the commission without just cause
1-9 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:
1-24 (1) "Disciplinary action" means a written reprimand,
2-1 suspension without pay, demotion for cause, disciplinary probation,
2-2 or dismissal.
2-3 (2) "Officer or employee" means a commissioned peace
2-4 officer or an employee of the commission who is compensated at an
2-5 amount less than the amount prescribed by the General
2-6 Appropriations Act for step 1, salary group 21, of the position
2-7 classification salary schedule.
2-8 SECTION 2. This Act takes effect September 1, 1995.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.