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.