78R7039 MCK-D

By:  Coleman                                                      H.B. No. 2706


A BILL TO BE ENTITLED
AN ACT
relating to grievance and complaint resolution procedures for certain state employees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 6, Government Code, is amended by adding Chapter 670 to read as follows:
CHAPTER 670. GRIEVANCE AND COMPLAINT RESOLUTION
PROCEDURES
Sec. 670.001. DEFINITIONS. In this chapter: (1) "Aggrieved employee" means an employee of a state agency who presents a grievance or a complaint under this chapter. (2) "Complaint" means a written expression of dissatisfaction presented by an employee regarding: (A) compensation; (B) work hours; or (C) another issue related to employment conditions that does not constitute a grievance. (3) "Employee" means a person employed either full-time or part-time by a state agency who is in a position subject to the state position classification plan or an analogous classification plan in effect at an institution of higher education or who is exempt from a classification plan but compensated at a rate not to exceed the amount prescribed by the General Appropriations Act for step 1, salary group 21, of the position classification salary schedule. The term does not include a probationary or seasonal employee. (4) "Executive director" means the chief administrative officer of a state agency. The term includes the president of an institution of higher education. (5) "Grievance" means a written expression of dissatisfaction presented by an employee regarding the fact that the employee has been: (A) terminated from employment; (B) demoted; or (C) suspended without pay. (6) "State agency" means a department, commission, board, office, or other agency in the executive branch of state government created by the constitution or a statute of this state. The term includes an institution of higher education as defined by Section 61.003, Education Code. (7) "Supervisor" means the immediate supervisor of an aggrieved employee. Sec. 670.002. POLICY; EXISTING RIGHTS UNAFFECTED. (a) An employee is entitled to due process under this chapter in the review of a decision that affects the employee's working conditions or employment and may not be dismissed from the employment without cause. (b) This chapter does not affect a right existing on January 1, 2004, relating to an employee's ability to use an established dispute resolution process concerning the employee's: (1) wages; (2) work hours; or (3) other conditions of employment. Sec. 670.003. RULES. A state agency by rule shall adopt standards and procedures in accordance with this chapter relating to the resolution of a grievance or complaint presented by an employee of the agency. Sec. 670.004. INTERNAL AGENCY PROCEDURE. (a) The executive director shall issue a written decision concerning the resolution or denial of a grievance or complaint not later than the 60th day after the date the grievance or complaint is filed with the state agency under rules adopted by the agency under Section 670.003. (b) Review of a complaint by the executive director or the executive director's designee is the final review to which an employee is entitled for the complaint. (c) The executive director's decision on a complaint is final and binding. (d) The executive director's decision on a grievance is final and binding in the absence of a timely appeal. Sec. 670.005. APPEAL TO STATE OFFICE OF ADMINISTRATIVE HEARINGS; JUDICIAL REVIEW. (a) If a grievance is not resolved to the employee's satisfaction by the executive director, the aggrieved employee may appeal the grievance to the State Office of Administrative Hearings. The employee must request the appeal on a form provided by the State Office of Administrative Hearings not later than the 20th day after the date the employee receives the executive director's written decision. (b) The State Office of Administrative Hearings shall conduct a hearing on the grievance not later than the 20th day after the date the request for an appeal is received by the State Office of Administrative Hearings. A hearings examiner employed by the State Office of Administrative Hearings shall conduct the hearing. (c) A hearing conducted under this section is subject to the contested case provisions of the administrative procedure law, Chapter 2001. (d) If the hearings examiner renders a decision favorable to the employee, the state agency shall pay the costs of a hearing conducted under this section. If the decision is favorable to the agency, the costs shall be divided equally between the state agency and the aggrieved employee. (e) An employee who has exhausted all administrative remedies under this chapter and who is aggrieved by the final decision of the State Office of Administrative Hearings hearings examiner is entitled to judicial review as provided by the administrative procedure law, Chapter 2001, for judicial review of a contested case. Sec. 670.006. TIME OFF. (a) An employee is entitled to a reasonable amount of time off with pay to prepare for and to attend a meeting or hearing conducted under this chapter for the resolution of a grievance or complaint. (b) A state agency shall adopt rules relating to an employee's entitlement to time off under this section. Sec. 670.007. RETALIATION PROHIBITED. (a) An employee may not be disciplined, penalized, or prejudiced for exercising a right to which the employee is entitled under this chapter. (b) An employee may not be prohibited from or disciplined, penalized, or prejudiced for acting as a witness in any proceeding under this chapter. (c) If the rules adopted by a state agency under Section 670.003 authorize the supervisor of an employee presenting a grievance or complaint to render a decision relating to the resolution of the grievance or complaint, the supervisor may not be: (1) disciplined, penalized, or prejudiced for rendering a decision favorable to an aggrieved employee; or (2) coerced or restrained in making a decision under this chapter. SECTION 2. A state agency shall adopt rules as provided by Sections 670.003 and 670.006, Government Code, as added by this Act, not later than January 1, 2004. SECTION 3. This Act takes effect September 1, 2003, and applies only to a grievance or complaint discovered by an employee on or after January 1, 2004. A grievance or complaint discovered by an employee before January 1, 2004, is covered by the law in effect immediately before September 1, 2003, and the former law is continued in effect for that purpose.