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A BILL TO BE ENTITLED
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AN ACT
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relating to sheriff's department disability leave in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 158, Local Government |
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Code, is amended by adding Sections 158.041 and 158.042 to read as |
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follows: |
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Sec. 158.041. ILLNESS OR INJURY LEAVE OF ABSENCE. (a) A |
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county shall provide to an employee a leave of absence for an |
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illness or injury related to the employee's activities performed in |
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the line of duty. The leave is with full pay for a period |
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commensurate with the nature of the line of duty illness or injury. |
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If necessary, the leave shall continue for at least one year. |
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(b) At the end of the one-year period, the commissioners |
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court of the county may extend the line of duty illness or injury |
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leave at full or reduced pay. If the employee's leave is not |
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extended or the employee's salary is reduced below 60 percent of the |
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employee's regular monthly salary, and the employee is a member of a |
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pension fund, the employee may retire on pension until the employee |
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is able to return to duty. |
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(c) If pension benefits are not available to an employee who |
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is temporarily disabled by a line of duty injury or illness and if |
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the year at full pay and any extensions granted by the commissioners |
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court have expired, the employee may use accumulated sick leave, |
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vacation time, and other accumulated time before the employee is |
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placed on temporary leave. |
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(d) If an employee is temporarily disabled by an injury or |
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illness that is not related to activities performed in the |
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employee's line of duty, the employee may use all sick leave, |
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vacation time, and other accumulated time before the employee is |
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placed on temporary leave. |
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(e) After recovery from a temporary disability, an employee |
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shall be reinstated at the same rank and with the same seniority the |
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employee had before going on temporary leave. |
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(f) While an employee who is temporarily disabled is on |
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leave, another employee may voluntarily do the work of the employee |
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who is temporarily disabled or donate leave time to maintain the |
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salary for the employee who is temporarily disabled until the |
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temporarily disabled employee returns to duty. |
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Sec. 158.042. REAPPOINTMENT AFTER RECOVERY FROM |
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DISABILITY. With the commission's approval and if otherwise |
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qualified, an employee who has been certified by a physician |
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selected by a pension fund as having recovered from a disability for |
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which the employee has been receiving a monthly disability pension |
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is eligible for reappointment to the classified position that the |
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employee held on the date the employee qualified for the monthly |
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disability pension. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |