By: Ellis S.B. No. 1750
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 671 to read as follows:
CHAPTER 671. GRIEVANCE AND COMPLAINT RESOLUTION
PROCEDURES PILOT PROJECT
Sec. 671.001. DEFINITIONS. In this chapter:
(1) "Aggrieved employee" means an employee of the
Texas Youth Commission 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 the Texas Youth Commission who is not an
at-will employee. The term does not include a probationary or
seasonal employee.
(4) "Executive director" means the executive director
of the Texas Youth Commission.
(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) "Supervisor" means the immediate supervisor of an
employee.
Sec. 671.002. POLICY. 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.
Sec. 671.003. RULES. The Texas Youth Commission 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. 671.004. 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 work day after the date the grievance or complaint is filed
with the Texas Youth Commission under rules adopted by the agency
under Section 671.003.
(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. 671.005. 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. An administrative law judge 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 administrative law judge renders a decision
favorable to the employee, the Texas Youth Commission shall pay the
costs of a hearing conducted under this section. If the decision is
favorable to the Texas Youth Commission, the costs shall be divided
equally between the commission 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
administrative law judge is entitled to judicial review as provided
by the administrative procedure law, Chapter 2001, for judicial
review of a contested case.
Sec. 671.006. 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) The Texas Youth Commission shall adopt rules relating to
an employee's entitlement to time off under this section.
Sec. 671.007. 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 the Texas Youth Commission under
Section 671.003 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 the supervised employee; or
(2) coerced or restrained in making the decision.
Sec. 671.008. REPORT TO THE LEGISLATURE. Not later than
December 1, 2006, the Texas Youth Commission shall report to the
legislature the commission's experience with the grievance and
complaint resolution procedures under this chapter. The
commission's report must:
(1) identify any problems the commission experienced
with the grievance and complaint resolution procedures;
(2) state whether the commission found the grievance
and complaint resolution procedures to be cost-effective; and
(3) contain the commission's recommendation about
whether the grievance and complaint resolution procedures should
apply to all state agencies.
Sec. 671.009. EXPIRATION. This chapter expires September
1, 2007.
SECTION 2. The Texas Youth Commission shall adopt rules as
provided by Sections 671.003 and 671.006, Government Code, as added
by this Act, not later than January 1, 2006.
SECTION 3. This Act applies to a grievance or complaint the
grounds for which are discovered by an employee on or after January
1, 2006. A grievance or complaint the grounds for which are
discovered by an employee before January 1, 2006, is covered by the
law in effect immediately before September 1, 2005, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.