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.