87R7668 BDP-F
By: Whitmire S.B. No. 1395
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 492.018 to read as follows:
Sec. 492.018. PROFESSIONAL STANDARDS AND EMPLOYMENT
OVERSIGHT COMMITTEE. (a) The board shall create a professional
standards and employment oversight committee composed of board
members to review the implementation of and make necessary
recommendations for rule and policy changes to:
(1) professional development of correctional
officers, supervisory personnel, and other department employees;
(2) recruitment and retention policies; and
(3) employment-related grievance procedures
established under Section 493.034.
(b) The board shall submit a report biennially to the
legislature that includes:
(1) the results of the review conducted under
Subsection (a) and any recommendations made under that subsection;
and
(2) the information contained in the report submitted
by the department to the board under Section 493.034(f).
SECTION 2. Chapter 493, Government Code, is amended by
adding Section 493.034 to read as follows:
Sec. 493.034. EMPLOYMENT-RELATED GRIEVANCE PROCEDURE. (a)
The board shall establish procedures and practices through which
the department will address employment-related grievances. The
board shall adopt:
(1) a 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
(2) a program to advertise and explain the grievance
procedure to all employees.
(b) If a party to the employment-related grievance fails to
comply with any applicable time limit adopted by the board for
submitting or responding to a grievance, the party may not prevail
in the grievance action.
(c) An employee may select a person to represent the
employee and 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.
(d) 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
established 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.
(e) The department may not retaliate against an employee who
files an employment-related grievance.
(f) 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.
SECTION 3. Not later than December 1, 2021, the Texas Board
of Criminal Justice shall establish a professional standards and
employment oversight committee as required by Section 492.018,
Government Code, as added by this Act, and not later than April 1,
2022, shall establish the procedures and practices required by
Section 493.034, Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2021.