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.