By Yarbrough                                           H.B. No. 207

      75R1516 BEM-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 an officer or employee of the commission without just cause

1-10     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:

 2-1                 (1)  "Disciplinary action" means a written reprimand,

 2-2     suspension without pay, demotion for cause, disciplinary probation,

 2-3     or dismissal.

 2-4                 (2)  "Officer or employee" means a commissioned peace

 2-5     officer or an employee of the commission who is compensated at an

 2-6     amount less than the amount prescribed by the General

 2-7     Appropriations Act for step 1, salary group 21, of the position

 2-8     classification salary schedule.

 2-9           SECTION 2.  This Act takes effect September 1, 1997, and

2-10     applies only to disciplinary actions taken on or after that date.

2-11           SECTION 3.  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.