Texas 2023 - 88th Regular

Texas Senate Bill SB1996 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12128 MZM-F
2	2	By: Whitmire S.B. No. 1996
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain personnel policies of the Texas Department of
8	8	Criminal Justice and to certain related duties of the Texas Board of
9	9	Criminal Justice.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 492, Government Code, is amended by
12	12	adding Section 492.018 to read as follows:
13	13	Sec. 492.018. PROFESSIONAL STANDARDS AND EMPLOYMENT
14	14	OVERSIGHT COMMITTEE. (a) The board shall create a professional
15	15	standards and employment oversight committee composed of board
16	16	members to review the implementation of and make necessary
17	17	recommendations for rule and policy changes to:
18	18	(1) professional development of correctional
19	19	officers, supervisory personnel, and other department employees;
20	20	(2) recruitment and retention policies; and
21	21	(3) employment-related grievance procedures
22	22	established under Section 493.035.
23	23	(b) The board shall submit a report biennially to the
24	24	legislature that includes:
25	25	(1) the results of the review conducted under
26	26	Subsection (a) and any recommendations made under that subsection;
27	27	and
28	28	(2) the information contained in the report submitted
29	29	by the department to the board under Section 493.035(f).
30	30	SECTION 2. Chapter 493, Government Code, is amended by
31	31	adding Section 493.035 to read as follows:
32	32	Sec. 493.035. EMPLOYMENT-RELATED GRIEVANCE PROCEDURE. (a)
33	33	The board shall establish procedures and practices through which
34	34	the department will address employment-related grievances. The
35	35	board shall adopt:
36	36	(1) a process by which an employee's
37	37	employment-related grievance is submitted to the lowest
38	38	appropriate level of management, with a subsequent appeal submitted
39	39	to a higher level in the chain of command, on completion of which
40	40	the employee may choose to submit the grievance to binding
41	41	arbitration with an impartial third party; and
42	42	(2) a program to advertise and explain the grievance
43	43	procedure to all employees.
44	44	(b) If a party to the employment-related grievance fails to
45	45	comply with any applicable time limit adopted by the board for
46	46	submitting or responding to a grievance, the party may not prevail
47	47	in the grievance action.
48	48	(c) An employee may select a person to represent the
49	49	employee and participate in the employment-related grievance
50	50	process on behalf of the employee. Any grievance proceeding in
51	51	which a department employee serves as a representative shall be
52	52	held during the normal business hours of the department, unless the
53	53	employee and the department agree otherwise. Attending a grievance
54	54	proceeding as a party to the proceeding or as a representative of a
55	55	party is part of an employee's regular employment duties.
56	56	(d) Subject to the approval of the employee in the
57	57	employment-related grievance action, the department and the
58	58	employee may enter into binding arbitration on the action. To
59	59	facilitate arbitration, the department may:
60	60	(1) with the approval of the employee, appoint a
61	61	governmental officer or employee, or a private individual, to serve
62	62	as an impartial third party in a binding arbitration; or
63	63	(2) obtain the services of an impartial third party
64	64	through:
65	65	(A) an agreement with the Center for Public
66	66	Policy Dispute Resolution at The University of Texas School of Law;
67	67	(B) an alternative dispute resolution system
68	68	established under Chapter 152, Civil Practice and Remedies Code;
69	69	(C) another governmental body or a federal
70	70	agency; or
71	71	(D) an agreement with the State Office of
72	72	Administrative Hearings.
73	73	(e) The department may not retaliate against an employee who
74	74	files an employment-related grievance.
75	75	(f) The department shall submit annually to the board a
76	76	report on the department's use of the employment-related grievance
77	77	process. The report must include:
78	78	(1) the number of grievances filed;
79	79	(2) a brief description of each grievance filed; and
80	80	(3) the final disposition of each grievance.
81	81	SECTION 3. Not later than December 1, 2023, the Texas Board
82	82	of Criminal Justice shall establish a professional standards and
83	83	employment oversight committee as required by Section 492.018,
84	84	Government Code, as added by this Act, and not later than April 1,
85	85	2024, shall establish the procedures and practices required by
86	86	Section 493.035, Government Code, as added by this Act.
87	87	SECTION 4. This Act takes effect September 1, 2023.