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.