78R8685 T
By: Turner H.B. No. 2333
A BILL TO BE ENTITLED
AN ACT
relating to certain personnel policies of the Texas Department of
Corrections and to certain related duties of the Texas Board of
Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 492, Government Code, is amended by
adding Section 492.015 to read as follows:
Sec. 492.015. PROFESSIONAL STANDARDS AND LABOR OVERSIGHT
COMMITTEE. (a) The board shall create a professional standards
and labor oversight committee composed of board members to review
the implementation of and make necessary recommendations for rule
and policy changes to:
(1) career ladders established under Sections 493.007
and 494.014;
(2) professional development of correctional officers
and supervisory personnel;
(3) labor-management cooperation, recruitment, and
retention policies; and
(4) disciplinary and grievance procedures established
under Section 493.016.
(b) The board, in conjunction with the professional
standards and labor oversight committee, shall submit a report
biennially to the legislature that includes the matters considered
under this section and the information contained in the report
provided to the board from the department under Section 493.026(h).
SECTION 2. Chapter 493, Government Code, is amended by
adding Section 493.026 to read as follows:
Sec. 493.026. GRIEVANCE PROCEDURE. (a) In this section,
"employment-related grievance" means an employment-related issue,
in regard to which an employee wishes to express dissatisfaction,
and includes issues relating to:
(1) promotions;
(2) leave requests;
(3) performance evaluations;
(4) transfers;
(5) benefits;
(6) working environment;
(7) shift or duty assignments;
(8) harassment;
(9) retaliation;
(10) disciplinary actions, including discharge,
suspension, or demotion;
(11) relationships with supervisors or other
employees; and
(12) any other issue that the board determines may be
the subject of a grievance procedure.
(b) The board shall establish procedures and practices
through which the department will address employment-related
grievances. The board shall adopt:
(1) a form on which an employee may state an
employment-related grievance and request a specific corrective
action;
(2) reasonable time limits for an employee to submit
an employment-related grievance, and any subsequent appeals, and
for management to respond to a grievance or appeal;
(3) a three-step process by which an employee's
employment-related grievance is submitted to the lowest
appropriate level of management, with a subsequent appeal submitted
to a higher level in the chain of command, on completion of which
the employee may choose to submit the grievance to binding
arbitration with an impartial third party; and
(4) a program to advertise and explain the grievance
procedure to all employees.
(c) If a party to the employment-related grievance fails to
comply with the time limits adopted under Subsection (b)(2), the
party may not prevail in the grievance action.
(d) An employee may be represented by a person selected by
the employee to participate in the employment-related grievance
process on behalf of the employee. Any grievance proceeding in
which a department employee serves as a representative shall be
held during the normal business hours of the department, unless the
employee and the department agree otherwise. Attending a grievance
proceeding as a party to the proceeding or as a representative of a
party is part of an employee's regular employment duties.
(e) Subject to the approval of the employee in the
employment-related grievance action, the department and the
employee may enter into binding arbitration on the action. To
facilitate arbitration, the department may:
(1) with the approval of the employee, appoint a
governmental officer or employee, or a private individual, to serve
as an impartial third party in a binding arbitration; or
(2) obtain the services of an impartial third party
through:
(A) an agreement with the Center for Public
Policy Dispute Resolution at The University of Texas School of Law;
(B) an alternative dispute resolution system
created under Chapter 152, Civil Practice and Remedies Code;
(C) another governmental body or a federal
agency; or
(D) an agreement with the State Office of
Administrative Hearings.
(f) The grievance action is confidential, except to the
extent that Chapter 552 applies.
(g) The department may not retaliate against an employee who
files an employment-related grievance.
(h) The department shall submit annually to the board a
report on the department's use of the employment-related grievance
process. The report must include:
(1) the number of grievances filed;
(2) a brief description of each grievance filed; and
(3) the final disposition of each grievance.
SECTION 3. Chapter 494, Government Code, is amended by
adding Sections 494.014 and 494.015 to read as follows:
Sec. 494.014. PERSONNEL. (a) The board shall develop a
career ladder program for the institutional division to retain
professionally qualified employees. The program must base
advancement on the employee's:
(1) annual performance evaluations developed under
Section 493.007;
(2) years of experience in the institutional division;
and
(3) hours of training completed.
(b) The board shall promote a correctional officer
candidate to the level of Texas Law Enforcement Correctional
Officer on completion of the hours of training and the years of
experience required by the board.
(c) The board shall:
(1) develop any training programs necessary to give an
employee the opportunity for advancement;
(2) develop a training program consisting of a
combination of annual in-service training and specific supervisory
training and testing to be required for promotion to all
correctional officer supervisory positions; and
(3) allow an employee the opportunity to complete any
training programs required for advancement.
Sec. 494.015. MANAGEMENT-EMPLOYEE MEETINGS. (a) The board
shall adopt a policy mandating monthly labor-management meetings
between:
(1) each district supervisor or the district
supervisor's designee; and
(2) employees selected in a process established by the
board by rule or any representatives chosen by the selected
employees.
(b) At a monthly labor-management meeting, both parties
shall have an opportunity to improve labor-management relations by
addressing issues selected by the parties.
(c) Every third month, a district supervisor shall submit a
report to the director of the institutional division describing the
progress of the meetings.
(d) The director of the institutional division shall
conduct statewide meetings with employee representatives. The
board, in consultation with the executive director, shall adopt
procedures regarding the statewide meetings.
SECTION 4. This Act takes effect September 1, 2003. All
employees having met the experience qualification required under
Section 494.014(b), Government Code, as added by this Act, on or
before September 1, 2003, shall automatically be certified as Texas
Law Enforcement Correctional Officers.