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.
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