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A BILL TO BE ENTITLED
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AN ACT
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relating to holidays for state employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.006(f)(2), Election Code, is amended |
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to read as follows: |
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(2) "State holiday" means a state holiday under |
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Sections 662.003(b)(1) through (5) [(6)], Government Code. |
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SECTION 2. Sections 661.035(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) For a state employee who at the time of death is normally |
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scheduled to work at least 40 hours a week, eight hours is to be |
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added to the employee's sick and vacation leave under Section |
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661.034 for each state or national holiday that is scheduled to fall |
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within the period after the date of death and during which the |
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employee could have used leave and for the floating holiday under |
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Section 662.006 if the employee did not receive a paid day off for |
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the holiday during the fiscal year in which the state employee died. |
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To determine the period during which leave could have been used and |
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the number of state or national holidays, the employee's leave is |
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allocated over the workdays after the employee's death and eight |
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hours is added as a state or national holiday occurs during the |
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period. |
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(b) For a state employee who at the time of death is normally |
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scheduled to work fewer than 40 hours a week, the number of hours |
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that is to be added to the employee's accumulated sick and vacation |
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leave for each state, floating, or national holiday is computed as |
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provided by Subsection (a), but is to be proportionally reduced |
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according to the lesser number of the employee's normally scheduled |
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weekly work hours. |
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SECTION 3. Sections 661.064(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) This subsection applies except as provided by |
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Subsection (c). For a state employee who on the date of separation |
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is normally scheduled to work at least 40 hours a week, eight hours |
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are to be added to the employee's accrued vacation time for each |
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state or national holiday that is scheduled to fall within the |
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period after the date of separation and during which the employee |
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could have used the time and for the floating holiday under Section |
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662.006 if the employee did not receive a paid day off for the |
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holiday during the fiscal year in which the state employee |
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separates from state employment. To determine the period during |
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which vacation time could have been used and the number of state or |
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national holidays, the employee's vacation time is allocated over |
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the workdays after the employee's separation and eight hours are |
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added as a state or national holiday occurs during the period. |
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(b) For a state employee who on the date of separation is |
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normally scheduled to work less than 40 hours a week, the number of |
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hours that is to be added to the employee's accrued vacation time |
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for each state, floating, or national holiday is computed as |
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provided by Subsection (a), but is to be proportionally reduced |
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according to the lesser number of the employee's normally scheduled |
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weekly work hours. |
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(c) For a state employee who is paid under this subchapter |
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because the separation from state employment involves a move to a |
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position in a state agency that does not accrue vacation time, no |
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hours may be added to the employee's accrued vacation time for a |
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state or national holiday which is scheduled to fall within the |
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period after the date of separation and during which the employee |
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could have used the time or for a floating holiday under Section |
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662.006. |
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SECTION 4. Section 662.003(b), Government Code, is amended |
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to read as follows: |
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(b) A state holiday includes only the following days: |
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(1) [the 19th day of January, "Confederate Heroes |
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Day," in honor of Jefferson Davis, Robert E. Lee, and other |
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Confederate heroes; |
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[(2)] the second day of March, "Texas Independence |
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Day"; |
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(2) [(3)] the 21st day of April, "San Jacinto Day"; |
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(3) [(4)] the 19th day of June, "Emancipation Day in |
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Texas," in honor of the emancipation of the slaves in Texas in 1865; |
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(4) [(5)] the 27th day of August, "Lyndon Baines |
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Johnson Day," in observance of the birthday of Lyndon Baines |
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Johnson; |
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(5) [(6)] the Friday after Thanksgiving Day; |
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(6) [(7)] the 24th day of December; and |
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(7) [(8)] the 26th day of December. |
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SECTION 5. The heading to Section 662.006, Government Code, |
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is amended to read as follows: |
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Sec. 662.006. ADDITIONAL FLOATING HOLIDAY [OPTIONAL |
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HOLIDAY]. |
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SECTION 6. Section 662.006(a), Government Code, is amended |
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to read as follows: |
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(a) A state employee is entitled to select during a fiscal |
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year a paid day off from working for a state agency in addition to |
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the paid days off under Section 662.005 if the [An] individual [who] |
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is a state employee on the last workday before and [or] the first |
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workday after the day selected by the employee. A state employee |
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who selects a floating holiday under this section is entitled [an |
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optional holiday, or on both workdays, is entitled, except as |
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provided by Section 662.010,] to a paid day off from working for a |
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state agency on the last workday before and the first workday after |
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the floating holiday if: |
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(1) the holiday does not fall on a Saturday or Sunday; |
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and |
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(2) the employee agrees to give up, during the same |
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fiscal year, an equivalent number of days included as [a] state |
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holidays under Sections 662.003(b)(1) through (4) [holiday] that: |
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(A) do [does] not fall on a Saturday or Sunday; |
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and |
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(B) the General Appropriations Act does not |
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prohibit state agencies from observing[; and |
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[(3) the General Appropriations Act does not prohibit |
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state agencies from observing the optional holiday]. |
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SECTION 7. Section 662.021, Government Code, is amended to |
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read as follows: |
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Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes |
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only the following days: |
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(1) a national holiday under Section 662.003(a); and |
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(2) a state holiday under Sections 662.003(b)(1) |
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through (5) [(6)]. |
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SECTION 8. The following provisions of the Government Code |
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are repealed: |
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(1) Section 662.003(c); |
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(2) Section 662.006(b); and |
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(3) Section 662.013. |
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SECTION 9. The changes in law made by this Act apply only to |
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a separation from state employment or a death of a state employee |
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that occurs on or after the effective date of this Act. A |
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separation or death that occurs before that date is governed by the |
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law in effect at the time of the separation or death, and the former |
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law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2023. |