HBA-CBW H.B. 1269 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1269
By: Dukes
State Affairs
3/14/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, no state agency or institution of higher education provides for
impartial review of internal employee grievances. Typically, the employee
grievances are channeled through an internal agency procedure of two to
five steps corresponding to the chain of command.  Agency administrators
may be unlikely to overrule the actions of those supervisors and
administrators further down the chain of command. As a result, aggrieved
employees have no recourse other than courts. An employee who wins a case
in court that was denied under the agency's grievance procedures,  may
result in costly jury awards and settlements for the State of Texas. Such
awards and settlements  could be avoided if an impartial grievance review
mechanism were in place. House Bill 1269 provides a uniform procedure for
an impartial review of state employee complaints and grievances and
authorizes an employee to appeal a grievance to the State Office of
Administrative Hearings. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to all state agencies in SECTION 1
(Sections 668.003 and 668.006, Government Code) and in SECTION 2 of this
bill.  

ANALYSIS

House Bill 1269 amends the Government Code to entitle a state employee
(employee)  to due process in reviewing a decision that affects the
employee's working conditions or employment.  The bill prohibits an
employee from being dismissed without cause. 

The bill requires a state agency by rule to adopt standards and procedures
relating to the resolution of a grievance or complaint presented by an
employee of the agency not later than January 1, 2002. The bill requires an
executive director to issue a written decision concerning the resolution or
denial of a grievance or complaint within a specified period and sets forth
provisions regarding the review of a complaint and decision regarding a
complaint or grievance.   The executive director's decision on a grievance
is final and binding in the absence of a timely appeal.  The bill sets
forth provisions regarding an appeal of a grievance to the State Office of
Administrative Hearings. 

The bill specifies that an employee is entitled to a reasonable amount of
time off with pay to prepare for and to attend a meeting or hearing for the
resolution of a grievance or complaint. The bill requires a state agency to
adopt rules relating to an employee's entitlement to time off not later
than January 1, 2002.    

The bill prohibits an employee from being disciplined, penalized, or
prejudiced for exercising a right to which the employee is entitled. The
bill prohibits an employee from being prohibited from or disciplined,
penalized, or prejudiced for acting as a witness in any proceeding. If the
rules adopted by a state agency authorize the supervisor of an employee
presenting a grievance or complaint to render a decision relating to the
resolution of the grievance or complaint, the bill prohibits the supervisor
from being disciplined, penalized, or prejudiced for rendering a decision
favorable to an aggrieved employee or from being coerced or restrained in
making a decision.   
 
The bill applies to a grievance or complaint discovered by an employee on
or after January 1, 2002.  
             EFFECTIVE DATE

September 1, 2001.