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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 and to certain related duties of the Texas Board 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 492, Government Code, is amended by |
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adding Section 492.018 to read as follows: |
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Sec. 492.018. PROFESSIONAL STANDARDS AND EMPLOYMENT |
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OVERSIGHT COMMITTEE. (a) The board shall create a professional |
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standards and employment oversight committee composed of board |
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members to review the implementation of and make necessary |
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recommendations for rule and policy changes to: |
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(1) professional development of correctional |
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officers, supervisory personnel, and other department employees; |
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(2) recruitment and retention policies; and |
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(3) employment-related grievance procedures |
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established under Section 493.034. |
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(b) The board shall submit a report biennially to the |
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legislature that includes: |
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(1) the results of the review conducted under |
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Subsection (a) and any recommendations made under that subsection; |
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and |
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(2) the information contained in the report submitted |
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by the department to the board under Section 493.034(f). |
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SECTION 2. Chapter 493, Government Code, is amended by |
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adding Section 493.034 to read as follows: |
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Sec. 493.034. EMPLOYMENT-RELATED GRIEVANCE PROCEDURE. (a) |
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The board shall establish procedures and practices through which |
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the department will address employment-related grievances. The |
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board shall adopt: |
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(1) a process by which an employee's |
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employment-related grievance is submitted to the lowest |
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appropriate level of management, with a subsequent appeal submitted |
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to a higher level in the chain of command, on completion of which |
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the employee may choose to submit the grievance to binding |
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arbitration with an impartial third party; and |
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(2) a program to advertise and explain the grievance |
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procedure to all employees. |
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(b) If a party to the employment-related grievance fails to |
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comply with any applicable time limit adopted by the board for |
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submitting or responding to a grievance, the party may not prevail |
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in the grievance action. |
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(c) An employee may select a person to represent the |
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employee and 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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(d) 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 at The University of Texas School of Law; |
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(B) an alternative dispute resolution system |
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established under Chapter 152, Civil Practice 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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(e) The department may not retaliate against an employee who |
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files an employment-related grievance. |
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(f) 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 must 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 3. Not later than December 1, 2021, the Texas Board |
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of Criminal Justice shall establish a professional standards and |
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employment oversight committee as required by Section 492.018, |
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Government Code, as added by this Act, and not later than April 1, |
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2022, shall establish the procedures and practices required by |
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Section 493.034, Government Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |