HBA-DMD H.B. 619 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 619
By: Dukes
State Affairs
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, no state agency or institution of higher education provides an
impartial review of employee grievances.  Employee grievances are handled
by internal review procedures or by the courts if the employee is
unsatisfied with the outcome of those procedures.  H.B. 619 requires the
executive director of a state agency or institution of higher education to
issue a ruling on all employee complaints not later than 60 days after the
grievance is filed and allows the aggrieved employee time off to prepare
for a hearing on the grievance.  The bill allows the aggrieved employee to
appeal a decision by the executive director to the Texas Workforce
Commission.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to a state agency in SECTION 1 (Sections
666.003 and 666.006, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 6, Government Code, by adding Chapter
666, as follows: 

CHAPTER 666.  GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES

Sec. 666.001.  DEFINITIONS.  Defines "aggrieved employee," "commission,"
"complaint," "employee," "executive director," "grievance," "state agency,"
and "supervisor." 

Sec. 666.002.  POLICY; EXISTING RIGHTS UNAFFECTED.  Entitles an employee to
due process under this chapter in the review of a decision that affects the
employee's working conditions or employment and prohibits the employee's
dismissal without cause.  Establishes that this chapter does not affect a
right existing on September 1, 1999, relating to an employee's ability to
use an established dispute resolution process concerning the employee's
wages, work hours, or other conditions of employment. 

Sec. 666.003.  RULES.  Requires a state agency, by rule, to adopt standards
and procedures in accordance with this chapter relating to resolution of a
grievance or complaint by an employee. 

Sec. 666.004.  INTERNAL AGENCY PROCEDURE.  Requires the executive director
to issue a written decision concerning the resolution or denial of a
grievance or complaint not later than 60 days after it is filed with the
state agency.  Sets forth that the review of a complaint by the executive
director or executive director's designee is the final review to which an
employee is entitled for the complaint.  Provides that the executive
director's decision on a complaint is final and binding and the executive
director's decision on a grievance is final and binding in the absence of
an appeal. 

Sec. 666.005.  APPEAL TO COMMISSION; JUDICIAL REVIEW.  (a)  Authorizes the
employee to appeal a grievance to the Texas Workforce Commission
(commission) if it is not resolved to the employee's satisfaction by the
executive director.  Provides that the employee must request the appeal on
a form provided by the commission no later than 20 days after the employee
receives the executive director's written decision. 
 
(b)  Requires the commission to conduct a hearing on the grievance no later
than 20 days after receiving the request for an appeal.  Requires a
hearings examiner employed by the commission to conduct the hearing. 

(c)  Sets forth that a hearing conducted under this section is subject to
contested case provisions of the administrative procedure law, Chapter
2001, Government Code (Administrative Procedure). 

(d)  Requires the state agency to pay the costs of a hearing if the
examiner renders a decision favorable to the employee.  Requires that the
costs be divided equally between the state agency and the employee if the
decision is favorable to the agency. 

(e)  Entitles an employee to judicial review as provided by administrative
procedure law, Chapter 2001, if the employee has exhausted all
administrative remedies and is aggrieved by the final decision of the
commission hearings examiner. 

Sec. 666.006.  TIME OFF.  Entitles an employee to a reasonable amount of
time off with pay to prepare for and attend a meeting or hearing for
resolution of a grievance or complaint. Requires a state agency to adopt
rules relating to an employee's entitlement to time off under this section. 

Sec. 666.007.  RETALIATION PROHIBITED.  Prohibits an employee from being
disciplined, penalized, or prejudiced for exercising a right to which the
employee is entitled under this chapter. Provides that an employee may not
be prohibited from or disciplined, penalized, or prejudiced for acting as a
witness in a proceeding under this chapter.  Provides that if a supervisor
is authorized by rules adopted under Section 666.003 to render a decision
relating to an employee grievance or complaint, the supervisor is
prohibited from being disciplined, penalized, or prejudiced for rendering a
decision favorable to the employee. Prohibits a supervisor from being
coerced or restrained in making a decision. 

SECTION 2.  Requires a state agency to adopt rules as provided by Sections
666.003 and 666.006, Government Code, as added by this Act, not later than
January 1, 2000. 

SECTION 3.Effective date: September 1, 1999.
Provides that this Act applies to a grievance or complaint discovered by an
employee on or after January 1, 2000. 

SECTION 4.  Emergency clause.