By Dukes H.B. No. 1269 77R4813 MCK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to grievance and complaint resolution procedures for 1-3 certain state employees. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 6, Government Code, is amended 1-6 by adding Chapter 668 to read as follows: 1-7 CHAPTER 668. GRIEVANCE AND COMPLAINT RESOLUTION 1-8 PROCEDURES 1-9 Sec. 668.001. DEFINITIONS. In this chapter: 1-10 (1) "Aggrieved employee" means an employee of a state 1-11 agency who presents a grievance or a complaint under this chapter. 1-12 (2) "Complaint" means a written expression of 1-13 dissatisfaction presented by an employee regarding: 1-14 (A) compensation; 1-15 (B) work hours; or 1-16 (C) another issue related to employment 1-17 conditions that does not constitute a grievance. 1-18 (3) "Employee" means a person employed either 1-19 full-time or part-time by a state agency who is in a position 1-20 subject to the state position classification plan or an analogous 1-21 classification plan in effect at an institution of higher education 1-22 or who is exempt from a classification plan but compensated at a 1-23 rate not to exceed the amount prescribed by the General 1-24 Appropriations Act for step 1, salary group 21, of the position 2-1 classification salary schedule. The term does not include a 2-2 probationary or seasonal employee. 2-3 (4) "Executive director" means the chief 2-4 administrative officer of a state agency. The term includes the 2-5 president of an institution of higher education. 2-6 (5) "Grievance" means a written expression of 2-7 dissatisfaction presented by an employee regarding the fact that 2-8 the employee has been: 2-9 (A) terminated from employment; 2-10 (B) demoted; or 2-11 (C) suspended without pay. 2-12 (6) "State agency" means a department, commission, 2-13 board, office, or other agency in the executive branch of state 2-14 government created by the constitution or a statute of this state. 2-15 The term includes an institution of higher education as defined by 2-16 Section 61.003, Education Code. 2-17 (7) "Supervisor" means the immediate supervisor of an 2-18 aggrieved employee. 2-19 Sec. 668.002. POLICY; EXISTING RIGHTS UNAFFECTED. (a) An 2-20 employee is entitled to due process under this chapter in the 2-21 review of a decision that affects the employee's working conditions 2-22 or employment and may not be dismissed from the employment without 2-23 cause. 2-24 (b) This chapter does not affect a right existing on 2-25 September 1, 2001, relating to an employee's ability to use an 2-26 established dispute resolution process concerning the employee's: 2-27 (1) wages; 3-1 (2) work hours; or 3-2 (3) other conditions of employment. 3-3 Sec. 668.003. RULES. A state agency by rule shall adopt 3-4 standards and procedures in accordance with this chapter relating 3-5 to the resolution of a grievance or complaint presented by an 3-6 employee of the agency. 3-7 Sec. 668.004. INTERNAL AGENCY PROCEDURE. (a) The executive 3-8 director shall issue a written decision concerning the resolution 3-9 or denial of a grievance or complaint not later than the 60th day 3-10 after the date the grievance or complaint is filed with the state 3-11 agency under rules adopted by the agency under Section 668.003. 3-12 (b) Review of a complaint by the executive director or the 3-13 executive director's designee is the final review to which an 3-14 employee is entitled for the complaint. 3-15 (c) The executive director's decision on a complaint is 3-16 final and binding. 3-17 (d) The executive director's decision on a grievance is 3-18 final and binding in the absence of a timely appeal. 3-19 Sec. 668.005. APPEAL TO STATE OFFICE OF ADMINISTRATIVE 3-20 HEARINGS; JUDICIAL REVIEW. (a) If a grievance is not resolved to 3-21 the employee's satisfaction by the executive director, the 3-22 aggrieved employee may appeal the grievance to the State Office of 3-23 Administrative Hearings. The employee must request the appeal on a 3-24 form provided by the State Office of Administrative Hearings not 3-25 later than the 20th day after the date the employee receives the 3-26 executive director's written decision. 3-27 (b) The State Office of Administrative Hearings shall 4-1 conduct a hearing on the grievance not later than the 20th day 4-2 after the date the request for an appeal is received by the State 4-3 Office of Administrative Hearings. A hearings examiner employed by 4-4 the State Office of Administrative Hearings shall conduct the 4-5 hearing. 4-6 (c) A hearing conducted under this section is subject to the 4-7 contested case provisions of the administrative procedure law, 4-8 Chapter 2001. 4-9 (d) If the hearings examiner renders a decision favorable to 4-10 the employee, the state agency shall pay the costs of a hearing 4-11 conducted under this section. If the decision is favorable to the 4-12 agency, the costs shall be divided equally between the state agency 4-13 and the aggrieved employee. 4-14 (e) An employee who has exhausted all administrative 4-15 remedies under this chapter and who is aggrieved by the final 4-16 decision of the State Office of Administrative Hearings hearings 4-17 examiner is entitled to judicial review as provided by the 4-18 administrative procedure law, Chapter 2001, for judicial review of 4-19 a contested case. 4-20 Sec. 668.006. TIME OFF. (a) An employee is entitled to a 4-21 reasonable amount of time off with pay to prepare for and to attend 4-22 a meeting or hearing conducted under this chapter for the 4-23 resolution of a grievance or complaint. 4-24 (b) A state agency shall adopt rules relating to an 4-25 employee's entitlement to time off under this section. 4-26 Sec. 668.007. RETALIATION PROHIBITED. (a) An employee may 4-27 not be disciplined, penalized, or prejudiced for exercising a right 5-1 to which the employee is entitled under this chapter. 5-2 (b) An employee may not be prohibited from or disciplined, 5-3 penalized, or prejudiced for acting as a witness in any proceeding 5-4 under this chapter. 5-5 (c) If the rules adopted by a state agency under Section 5-6 668.003 authorize the supervisor of an employee presenting a 5-7 grievance or complaint to render a decision relating to the 5-8 resolution of the grievance or complaint, the supervisor may not 5-9 be: 5-10 (1) disciplined, penalized, or prejudiced for 5-11 rendering a decision favorable to an aggrieved employee; or 5-12 (2) coerced or restrained in making a decision under 5-13 this chapter. 5-14 SECTION 2. A state agency shall adopt rules as provided by 5-15 Sections 668.003 and 668.006, Government Code, as added by this 5-16 Act, not later than January 1, 2002. 5-17 SECTION 3. This Act takes effect September 1, 2001, and 5-18 applies to a grievance or complaint discovered by an employee on or 5-19 after January 1, 2002. A grievance or complaint discovered by an 5-20 employee before January 1, 2002, is covered by the law in effect 5-21 immediately before September 1, 2001, and the former law is 5-22 continued in effect for that purpose.