By Ellis S.B. No. 970
74R6695 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the grievance procedures for county employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 160.002, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 160.002. COUNTIES AND EMPLOYEES AFFECTED. This chapter
1-7 applies only to a county with a population of more than 2.4 million
1-8 and its employees, including <but not limited to the> employees of
1-9 road and bridge districts, flood control districts, community
1-10 supervision and corrections departments <adult probation
1-11 departments>, <and> juvenile probation departments, a district
1-12 attorney, a district clerk, a commissioners court, a county tax
1-13 assessor-collector, a county clerk, a statutory county court,
1-14 justices of the peace, and any other county employee who is not
1-15 covered by a county civil service system <in the county. However,
1-16 this chapter does not apply to the employees of a sheriff's
1-17 department>.
1-18 SECTION 2. Section 160.003, Local Government Code, is
1-19 amended to read as follows:
1-20 Sec. 160.003. DEFINITION. In this chapter, "grievance"
1-21 means a complaint by an employee <claim by an employee that the
1-22 employee was adversely affected by a violation, misinterpretation,
1-23 misapplication, or disparity in the application of a specific law,
1-24 ordinance, resolution, written or unwritten policy, or rule>
2-1 regarding wages, hours of employment <work>, <or> conditions of
2-2 work, or any disciplinary action taken against the employee.
2-3 SECTION 3. Section 160.005, Local Government Code, is
2-4 amended to read as follows:
2-5 Sec. 160.005. STANDARDIZED GRIEVANCE PROCEDURE. (a) The
2-6 commissioners court of the county shall enact orders to provide
2-7 for:
2-8 (1) the annual appointment of one or more county
2-9 grievance resolution committees <filing of written grievances>;
2-10 (2) <written responses to the grievance allegations;>
2-11 <(3) procedures for appeal to an appointed county
2-12 grievance resolutions committee;>
2-13 <(4) further appeal to the commissioners court;>
2-14 <(5) presentation of grievances by an employee's
2-15 requested representative;>
2-16 <(6)> reasonable leave with pay for:
2-17 (A) an employee for the presentation of
2-18 grievances; and
2-19 (B) a representative of the aggrieved employee
2-20 or a witness to attend a grievance proceeding; and
2-21 (3) <(7)> other necessary procedures to permit
2-22 effective implementation of this chapter.
2-23 (b) The orders and procedures shall apply equally to all
2-24 employees of the county, including employees of independent elected
2-25 officials<, and shall provide for reasonable timetables for filing
2-26 and responding to grievances>.
2-27 (c) An employee must file a written complaint with the
3-1 employee's supervisor not later than the 30th day after the date
3-2 the event occurs giving rise to a grievance.
3-3 (d) A supervisor who receives a complaint under Subsection
3-4 (c) shall meet with the employee to discuss the complaint not later
3-5 than the 10th day after the date the complaint was filed. The
3-6 supervisor shall provide the employee with a written response to
3-7 the complaint not later than the 10th day after the date of the
3-8 meeting.
3-9 (e) If the employee is not satisfied with the response made
3-10 under Subsection (d), the employee may file the written complaint
3-11 with the next level of management over the supervisor not later
3-12 than the 10th day after the date the employee receives a response
3-13 under Subsection (d). The procedures and deadlines imposed by
3-14 Subsection (d) apply to a complaint filed under this section.
3-15 (f) If the employee is not satisfied with the response made
3-16 under Subsection (e), the employee may file the written complaint
3-17 with each succeeding level of management up to the highest level of
3-18 management in the entity for which the employee works. The
3-19 procedures and deadlines imposed by Subsections (d) and (e) apply
3-20 to each complaint filed under this section.
3-21 (g) A meeting held under Subsection (d), (e), or (f) shall
3-22 be held at a time that is agreeable to all parties. If a meeting
3-23 is not held within the required 10-day period, an employee may file
3-24 the complaint with the next level of management.
3-25 (h) An employee who has filed a written complaint with the
3-26 highest level of management under Subsection (f) may request a
3-27 hearing with the county grievance resolution committee to review
4-1 the complaint. Not later than the 10th day after the date the
4-2 employee requests a hearing, the committee shall set a time and
4-3 place for the hearing and notify the employee.
4-4 (i) An employee may be represented by another person,
4-5 including another employee, at any stage of a proceeding under this
4-6 section.
4-7 (j) At the request of the employee, the hearing of the
4-8 county grievance resolution committee shall be open to the public.
4-9 The employee or the entity that employs the employee may call
4-10 witnesses to appear at the hearing. All testimony given at the
4-11 hearing must be under oath, and hearsay evidence is not admissible.
4-12 (k) The committee shall make an audio record of the hearing
4-13 and provide the employee with a written transcript of the hearing
4-14 not later than the 30th day after the date the hearing concludes.
4-15 (l) At the conclusion of the hearing, the committee shall by
4-16 majority vote render a decision on the matter and notify the
4-17 employee. The committee shall issue a written report discussing
4-18 the evidence in the case and the reasons for the decision.
4-19 (m) Each employer subject to this chapter shall provide its
4-20 employees with written notice of the rights of an employee under
4-21 this chapter. The notice must include the name and telephone
4-22 number of any union that represents county employees.
4-23 (n) The commissioners court by order shall require any
4-24 action taken with respect to a complaint filed under this section
4-25 to be evidenced by a written document.
4-26 SECTION 4. This Act applies only to a grievance by an
4-27 employee that occurs on or after the effective date of this Act. A
5-1 grievance that occurs before the effective date of this Act is
5-2 governed by the law in effect when the grievance occurred, and the
5-3 former law is continued in effect for that purpose.
5-4 SECTION 5. This Act takes effect September 1, 1995.
5-5 SECTION 6. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.