By: Frost H.B. No. 3605
A BILL TO BE ENTITLED
AN ACT
relating to certain personnel policies of the Texas Department of
Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 which 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 district
supervisor, 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 of The University of Texas School of Law;
(B) an alternative dispute resolution system
created under Chapter 152, Civil Practices 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 shall include:
(1) the number of grievances filed;
(2) a brief description of each grievance filed; and
(3) the final disposition of each grievance.
SECTION 2. This Act takes effect September 1, 2009.