| 1 | 1 | | 88R3951 MCF-F |
|---|
| 2 | 2 | | By: Cortez H.B. No. 1141 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to establishment of an employee grievance procedure by the |
|---|
| 8 | 8 | | Health and Human Services Commission and Department of Family and |
|---|
| 9 | 9 | | Protective Services. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter A, Chapter 531, Government Code, is |
|---|
| 12 | 12 | | amended by adding Section 531.0095 to read as follows: |
|---|
| 13 | 13 | | Sec. 531.0095. EMPLOYEE GRIEVANCE PROCEDURE. (a) The |
|---|
| 14 | 14 | | executive commissioner by rule shall establish a grievance |
|---|
| 15 | 15 | | procedure for commission employees. The procedure must allow a |
|---|
| 16 | 16 | | commission employee to appeal an employment action taken by the |
|---|
| 17 | 17 | | commission regarding: |
|---|
| 18 | 18 | | (1) a disciplinary action imposed on the employee, |
|---|
| 19 | 19 | | including: |
|---|
| 20 | 20 | | (A) an oral or written reprimand; |
|---|
| 21 | 21 | | (B) a demotion; |
|---|
| 22 | 22 | | (C) a suspension; |
|---|
| 23 | 23 | | (D) a reduction in compensation; and |
|---|
| 24 | 24 | | (E) a termination for cause and at will; or |
|---|
| 25 | 25 | | (2) the employee's compensation or working conditions, |
|---|
| 26 | 26 | | including the hours the employee is required to work. |
|---|
| 27 | 27 | | (b) An appeal made under this section is considered to be a |
|---|
| 28 | 28 | | contested case under Chapter 2001. |
|---|
| 29 | 29 | | SECTION 2. Subchapter B, Chapter 40, Human Resources Code, |
|---|
| 30 | 30 | | is amended by adding Section 40.0335 to read as follows: |
|---|
| 31 | 31 | | Sec. 40.0335. EMPLOYEE GRIEVANCE PROCEDURE. (a) The |
|---|
| 32 | 32 | | commissioner by rule shall establish a grievance procedure for |
|---|
| 33 | 33 | | department employees. The procedure must allow a department |
|---|
| 34 | 34 | | employee to appeal an employment action taken by the department |
|---|
| 35 | 35 | | regarding: |
|---|
| 36 | 36 | | (1) a disciplinary action imposed on the employee, |
|---|
| 37 | 37 | | including: |
|---|
| 38 | 38 | | (A) an oral or written reprimand; |
|---|
| 39 | 39 | | (B) a demotion; |
|---|
| 40 | 40 | | (C) a suspension; |
|---|
| 41 | 41 | | (D) a reduction in compensation; and |
|---|
| 42 | 42 | | (E) a termination for cause and at will; or |
|---|
| 43 | 43 | | (2) the employee's compensation or working conditions, |
|---|
| 44 | 44 | | including the hours the employee is required to work. |
|---|
| 45 | 45 | | (b) An appeal made under this section is considered to be a |
|---|
| 46 | 46 | | contested case under Chapter 2001, Government Code. |
|---|
| 47 | 47 | | SECTION 3. Not later than January 1, 2024: |
|---|
| 48 | 48 | | (1) the executive commissioner of the Health and Human |
|---|
| 49 | 49 | | Services Commission shall adopt rules necessary to implement |
|---|
| 50 | 50 | | Section 531.0095, Government Code, as added by this Act; and |
|---|
| 51 | 51 | | (2) the commissioner of the Department of Family and |
|---|
| 52 | 52 | | Protective Services shall adopt rules necessary to implement |
|---|
| 53 | 53 | | Section 40.0335, Human Resources Code, as added by this Act. |
|---|
| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|