NDT H.B. 207 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
H.B. 207
By: Yarbrough
3-6-97
Committee Report (Unamended)



BACKGROUND 

The Alcoholic Beverage Code does not provide a formal appeal process for
commissioned peace officers or employees subject to disciplinary 


PURPOSE

This bill sets forth the procedure for disciplining commissioned peace
officers and other employees of the Texas Alcoholic Beverage Commission.   

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted to the
Texas Alcoholic Beverage Commission in Section 1 (Section 5.104(b),
Alcoholic Beverage Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 5A, Alcoholic Beverage Code, by adding Section
5.104 as follows:   
 Sec. 5.104. EMPLOYEE DISCIPLINARY PROCEDURES.

 (a) Prohibits the Texas Alcoholic Beverage Commission (commission) or the
administrator from taking disciplinary action against a commissioned peace
officer or another commission employee without just cause or providing due
process. 

 (b) Entitles an officer or employee who is subject to disciplinary action
to an internal appeal before the action becomes final.  Requires the
commission to adopt a rule establishing procedures for an internal appeal
and to provide a written description of the rule to the commission's
employees. 

 (c) Requires the commission to place an officer or employee who is
dismissed for cause on  administrative leave without pay until the
disposition of the appeal.  Requires the commission to reinstate the
person to the person's former status and entitles the person to the back
pay if the allegations are dismissed on appeal.