1-1 By: Ellis S.B. No. 970
1-2 (In the Senate - Filed March 7, 1995; March 8, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 19, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 3;
1-6 April 19, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 970 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the grievance procedures for county employees.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 160.002, Local Government Code, is
1-13 amended to read as follows:
1-14 Sec. 160.002. COUNTIES AND EMPLOYEES AFFECTED. This chapter
1-15 applies only to a county with a population of more than 2.4 million
1-16 and its employees, including <but not limited to the> employees of
1-17 road and bridge districts, flood control districts, community
1-18 supervision and corrections departments <adult probation
1-19 departments>, <and> juvenile probation departments, a district
1-20 attorney, a district clerk, a commissioners court, a county tax
1-21 assessor-collector, a county clerk, a statutory county court, and
1-22 justices of the peace, and any other county employee who is not
1-23 covered by a county civil service system <in the county. However,
1-24 this chapter does not apply to the employees of a sheriff's
1-25 department>.
1-26 SECTION 2. Section 160.003, Local Government Code, is
1-27 amended to read as follows:
1-28 Sec. 160.003. DEFINITION. In this chapter, "grievance"
1-29 means a complaint <claim> by an employee <that the employee was
1-30 adversely affected by a violation, misinterpretation,
1-31 misapplication, or disparity in the application of a specific law,
1-32 ordinance, resolution, written or unwritten policy, or rule>
1-33 regarding wages, hours of employment <work>, <or> conditions of
1-34 work, or any disciplinary action taken against the employee.
1-35 SECTION 3. Section 160.005, Local Government Code, is
1-36 amended to read as follows:
1-37 Sec. 160.005. STANDARDIZED GRIEVANCE PROCEDURE. (a) The
1-38 commissioners court of the county shall enact orders to provide
1-39 for:
1-40 (1) the annual appointment of one or more county
1-41 grievance resolution committees <filing of written grievances>;
1-42 (2) <written responses to the grievance allegations;>
1-43 <(3) procedures for appeal to an appointed county
1-44 grievance resolutions committee;>
1-45 <(4) further appeal to the commissioners court;>
1-46 <(5) presentation of grievances by an employee's
1-47 requested representative;>
1-48 <(6)> reasonable leave with pay for:
1-49 (A) an employee for the presentation of
1-50 grievances; and
1-51 (B) a representative of the aggrieved employee
1-52 or a witness to attend a grievance proceeding; and
1-53 (3) <(7)> other necessary procedures to permit
1-54 effective implementation of this chapter.
1-55 (b) The orders and procedures shall apply equally to all
1-56 employees of the county, including employees of independent elected
1-57 officials<, and shall provide for reasonable timetables for filing
1-58 and responding to grievances>.
1-59 (c) An employee may be represented by another person,
1-60 including another employee, at any stage of a proceeding under this
1-61 section.
1-62 (d) At the conclusion of the hearing, the committee shall by
1-63 majority vote render a decision on the matter and notify the
1-64 employee. The committee shall issue a written report discussing
1-65 the evidence in the case and the reasons for the decision.
1-66 (e) Each employer subject to this chapter shall provide its
1-67 employees with written notice of the rights of an employee under
1-68 this chapter. The notice must include the name and telephone
2-1 number of any union that represents county employees.
2-2 (f) The commissioners court by order shall require any
2-3 action taken with respect to a complaint filed under this section
2-4 to be evidenced by a written document.
2-5 SECTION 4. This Act applies only to a grievance by an
2-6 employee that occurs on or after the effective date of this Act. A
2-7 grievance that occurs before the effective date of this Act is
2-8 governed by the law in effect when the grievance occurred, and the
2-9 former law is continued in effect for that purpose.
2-10 SECTION 5. This Act takes effect September 1, 1995.
2-11 SECTION 6. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *