CHAPTER 160. GRIEVANCE PROCEDURE FOR COUNTY EMPLOYEES
LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES
CHAPTER 160. GRIEVANCE PROCEDURE FOR COUNTY EMPLOYEES
Sec. 160.001. POLICY. The purpose of this chapter is to provide
reasonable, standardized grievance procedures for certain
counties and their employees because:
(1) it is the policy of this state that the right of public
employees to present, individually or through a representative
that does not claim the right to strike, grievances concerning
their wages, hours of work, or conditions of work should continue
unimpaired; and
(2) the application of that policy creates a need for
reasonable, standardized procedures for certain populous counties
and their employees.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,
1989.
Sec. 160.002. COUNTIES AND EMPLOYEES AFFECTED. This chapter
applies only to a county with a population of more than 2.4
million and its employees, including but not limited to the
employees of road and bridge districts, flood control districts,
and juvenile probation departments in the county. However, this
chapter does not apply to the employees of a sheriff's
department.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,
1989. Amended by Acts 2003, 78th Leg., ch. 632, Sec. 1, eff.
Sept. 1, 2003.
Sec. 160.003. DEFINITION. In this chapter, "grievance" means a
claim by an employee that the employee was adversely affected by
a violation, misinterpretation, misapplication, or disparity in
the application of a specific law, ordinance, resolution, written
or unwritten policy, or rule regarding wages, hours of work, or
conditions of work.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,
1989.
Sec. 160.004. PROCEDURE IN GENERAL. A grievance must be
presented and adjusted in accordance with the grievance
procedures prescribed by this chapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,
1989.
Sec. 160.005. STANDARDIZED GRIEVANCE PROCEDURE. (a) The
commissioners court of the county shall enact orders to provide
for:
(1) filing of written grievances;
(2) written responses to the grievance allegations;
(3) procedures for appeal to an appointed county grievance
resolutions committee;
(4) further appeal to the commissioners court;
(5) presentation of grievances by an employee's requested
representative;
(6) reasonable leave with pay for the presentation of
grievances; and
(7) other necessary procedures to permit effective
implementation of this chapter.
(b) The orders and procedures shall apply equally to all
employees of the county, including employees of independent
elected officials, and shall provide for reasonable timetables
for filing and responding to grievances.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,
1989.
Sec. 160.006. NO RETALIATION OR REPRISAL. (a) An employee may
not be made subject to retaliation, reprisal, or discrimination
on account of having exercised any right or participated in any
procedure established by this chapter. A supervisor or management
official may not be made subject to retaliation, reprisal, or
discrimination because of any grievance adjustment offered under
this chapter to an employee with a grievance or because of
testifying on any employee's behalf during a grievance procedure
under this chapter.
(b) A district court of appropriate venue may enjoin a violation
of this section. The court may order, in addition to other
relief, the mandatory reinstatement and the payment of back pay
for individuals discharged, suspended, or demoted in violation of
this section.
(c) An individual suffering retaliation, reprisal, or
discrimination in violation of this section is entitled to
reasonable attorney's fees as a result of successful court action
regarding the retaliation, reprisal, or discrimination.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,
1989.
Sec. 160.007. PROSPECTIVE APPLICATION OF CHAPTER AND AMENDED
ORDER. (a) This Act applies only to a grievance based on events
that occur on or after June 20, 1987.
(b) If the commissioners court amends an order adopted under
this chapter, the amended order does not apply to a grievance
alleged to have occurred before the date of the amended order.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,
1989.