81R7054 PEP-D
By: Whitmire S.B. No. 2309
A BILL TO BE ENTITLED
AN ACT
relating to certain personnel policies of the Texas Department of
Criminal Justice and to certain related duties of the Texas Board of
Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 492, Government Code, is amended by
adding Section 492.017 to read as follows:
Sec. 492.017. PROFESSIONAL STANDARDS AND LABOR OVERSIGHT
COMMITTEE. (a) The board shall create a professional standards and
labor oversight committee composed of board members to review the
implementation of and make necessary recommendations for rule and
policy changes to:
(1) career ladders established under Sections 493.007
and 493.030;
(2) professional development of correctional officers
and supervisory personnel;
(3) labor-management cooperation, recruitment, and
retention policies; and
(4) complaint procedures established under Section
493.016.
(b) The board, in conjunction with the professional
standards and labor oversight committee, shall submit a report
biennially to the legislature that includes:
(1) the results of the review and the recommendations
considered under Subsection (a); and
(2) the information contained in the report submitted
by the department to the board under Section 493.029(h).
SECTION 2. Section 493.027(a), Government Code, is amended
to read as follows:
(a) The director of the department shall [may] meet
regularly with representatives of an eligible state employee
organization, as certified by the comptroller under Section
403.0165, that represents department employees in disciplinary or
grievance matters to identify:
(1) department policies or practices that impair the
efficient, safe, and effective operation of department facilities;
and
(2) issues that could lead to unnecessary conflicts
between the department and department employees and that could
undermine retention and recruitment of those employees.
SECTION 3. Chapter 493, Government Code, is amended by
adding Sections 493.029, 493.030, and 493.031 to read as follows:
Sec. 493.029. 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 that 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 lowest
appropriate level of management, 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 at The University of Texas School of Law;
(B) an alternative dispute resolution system
created under Chapter 152, Civil Practice 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 must include:
(1) the number of grievances filed;
(2) a brief description of each grievance filed; and
(3) the final disposition of each grievance.
Sec. 493.030. CORRECTIONAL INSTITUTIONS DIVISION
PERSONNEL. (a) The board shall develop a career ladder program for
the correctional institutions division to retain professionally
qualified employees. The program must base advancement on the
employee's:
(1) annual performance evaluations developed under
Section 493.007;
(2) years of experience in the correctional
institutions division; and
(3) hours of training completed.
(b) The board shall promote a correctional officer
candidate to the level of Texas Law Enforcement Correctional
Officer on completion of the hours of training and the years of
experience required by the board.
(c) The board shall:
(1) develop any training programs necessary to give an
employee the opportunity for advancement;
(2) develop a training program consisting of a
combination of annual in-service training and specific supervisory
training and testing to be required for promotion to all
correctional officer supervisory positions; and
(3) allow an employee the opportunity to complete any
training programs required for advancement.
Sec. 493.031. MANDATORY LABOR-MANAGEMENT MEETINGS. (a)
The board shall adopt a policy mandating monthly labor-management
meetings between:
(1) each district supervisor in the correctional
institutions division or the district supervisor's designee; and
(2) employees of the correctional institutions
division selected in a process established by the board by rule or
any representatives chosen by the selected employees.
(b) At a monthly labor-management meeting, both parties
shall have an opportunity to improve labor-management relations by
addressing issues selected by the parties.
(c) Every third month, a district supervisor shall submit a
report to the director of the correctional institutions division
describing the progress of the meetings.
(d) The director of the correctional institutions division
shall conduct statewide meetings with employee representatives.
The board, in consultation with the executive director, shall adopt
procedures regarding the statewide meetings.
(e) The director of the correctional institutions division
annually shall provide to the director of the department
information on the outcome of meetings held under this section for
inclusion in the report submitted under Section 493.027(b).
SECTION 4. (a) Not later than December 1, 2009, the Texas
Board of Criminal Justice shall establish a professional standards
and labor oversight committee as required by Section 492.017,
Government Code, as added by this Act, and not later than April 1,
2010, shall adopt the policies, procedures, and practices required
by Sections 493.029, 493.030, and 493.031, Government Code, as
added by this Act.
(b) The change in law made by Section 493.030(b), Government
Code, as added by this Act, applies to a correctional officer
candidate who, on or after the effective date of this Act, completes
the hours of training and the years of experience required for
promotion, as established by the Texas Board of Criminal Justice.
The board shall automatically promote on the effective date of this
Act any correctional officer candidate who, before the effective
date of this Act, completed those hours of training and years of
experience.
SECTION 5. This Act takes effect September 1, 2009.