By Armbrister                                          S.B. No. 914
       74R6267 PAM-F
                                 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 a commissioned peace officer or another employee of the
   1-10  commission without just cause 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, "disciplinary action" means a written
    2-1  reprimand, suspension without pay, demotion for cause, disciplinary
    2-2  probation, or dismissal.
    2-3        SECTION 2.  This Act takes effect September 1, 1995.
    2-4        SECTION 3.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.