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A BILL TO BE ENTITLED
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AN ACT
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relating to certain personnel policies of the Texas Department of |
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Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 493, Government Code, is amended by |
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adding Section 493.026, to read as follows: |
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Sec. 493.026. GRIEVANCE PROCEDURE. (a) In this section, |
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"employment-related grievance" means an employment-related issue, |
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in regard to which an employee wishes to express dissatisfaction, |
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and includes issues relating to: |
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(1) promotions; |
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(2) leave requests; |
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(3) performance evaluations; |
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(4) transfers; |
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(5) benefits; |
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(6) working environment; |
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(7) shift or duty assignments; |
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(8) harassment; |
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(9) retaliation; |
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(10) disciplinary actions, including discharge, |
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suspension, or demotion; |
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(11) relationships with supervisors or other |
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employees; and |
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(12) any other issue which the board determines may be |
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the subject of a grievance procedure. |
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(b) The board shall establish procedures and practices |
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through which the department will address employment-related |
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grievances. The board shall adopt: |
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(1) a form on which an employee may state an |
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employment-related grievance and request a specific corrective |
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action; |
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(2) reasonable time limits for an employee to submit |
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an employment-related grievance, and any subsequent appeals, and |
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for management to respond to a grievance or appeal; |
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(3) a three-step process by which an employee's |
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employment-related grievance is submitted to the district |
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supervisor, with a subsequent appeal submitted to a higher level in |
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the chain of command, on completion of which the employee may choose |
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to submit the grievance to binding arbitration with an impartial |
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third party; and |
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(4) a program to advertise and explain the grievance |
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procedure to all employees. |
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(c) If a party to the employment-related grievance fails to |
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comply with the time limits adopted under Subsection (b)(2), the |
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party may not prevail in the grievance action. |
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(d) An employee may be represented by a person selected by |
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the employee to participate in the employment-related grievance |
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process on behalf of the employee. Any grievance proceeding in |
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which a department employee serves as a representative shall be |
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held during the normal business hours of the department, unless the |
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employee and the department agree otherwise. Attending a grievance |
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proceeding as a party to the proceeding or as a representative of a |
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party is part of an employee's regular employment duties. |
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(e) Subject to the approval of the employee in the |
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employment-related grievance action, the department and the |
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employee may enter into binding arbitration on the action. To |
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facilitate arbitration, the department may: |
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(1) with the approval of the employee, appoint a |
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governmental officer or employee, or a private individual, to serve |
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as an impartial third party in a binding arbitration; or |
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(2) obtain the services of an impartial third party |
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through: |
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(A) an agreement with the Center for Public |
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Policy Dispute Resolution of The University of Texas School of Law; |
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(B) an alternative dispute resolution system |
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created under Chapter 152, Civil Practices and Remedies Code; |
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(C) another governmental body or a federal |
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agency; or |
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(D) an agreement with the State Office of |
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Administrative Hearings. |
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(f) The grievance action is confidential, except to the |
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extent that Chapter 552 applies. |
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(g) The department may not retaliate against an employee who |
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files an employment-related grievance. |
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(h) The department shall submit annually to the board a |
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report on the department's use of the employment-related grievance |
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process. The report shall include: |
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(1) the number of grievances filed; |
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(2) a brief description of each grievance filed; and |
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(3) the final disposition of each grievance. |
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SECTION 2. This Act takes effect September 1, 2009. |