74R11096 PAM-D
          By Armbrister                                          S.B. No. 914
          Substitute the following for S.B. No. 914:
          By Jones of Lubbock                                C.S.S.B. No. 914
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to disciplinary procedures for commissioned peace officers
    1-3  and other employees of the Texas Alcoholic Beverage Commission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
    1-6  is amended by adding Section 5.104 to read as follows:
    1-7        Sec. 5.104.  EMPLOYEE DISCIPLINARY PROCEDURES.  (a)  The
    1-8  commission or the administrator may not take a disciplinary action
    1-9  against an officer or employee of the commission without just cause
   1-10  or without providing due process.
   1-11        (b)  An officer or employee who is subject to disciplinary
   1-12  action is entitled to an internal appeal of the action before the
   1-13  action becomes final.  The commission shall adopt a rule
   1-14  establishing procedures for an internal appeal and shall provide a
   1-15  written description of the rule to the commission's employees.
   1-16        (c)  The commission shall place an officer or employee who is
   1-17  dismissed for cause on administrative leave without pay until the
   1-18  disposition of the internal appeal.  If the allegations that formed
   1-19  the basis for the dismissal are rejected on appeal, the commission
   1-20  shall reinstate the officer or employee to the person's former
   1-21  status and the officer or employee is entitled to back pay in the
   1-22  amount equal to the pay withheld during the administrative leave
   1-23  imposed by the commission.
   1-24        (d)  In this section:
    2-1              (1)  "Disciplinary action" means a written reprimand,
    2-2  suspension without pay, demotion for cause, disciplinary probation,
    2-3  or dismissal.
    2-4              (2)  "Officer or employee" means a commissioned peace
    2-5  officer or an employee of the commission who is compensated at an
    2-6  amount less than the amount prescribed by the General
    2-7  Appropriations Act for step 1, salary group 21, of the position
    2-8  classification salary schedule.
    2-9        SECTION 2.  This Act takes effect September 1, 1995.
   2-10        SECTION 3.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended.