By: McCall H.B. No. 1186
73R3997 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to paid holidays for state employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 4591.2, Revised Statutes, is amended to
1-5 read as follows:
1-6 Art. 4591.2. HOLIDAYS FOR STATE EMPLOYEES
1-7 Sec. 1. In this article:
1-8 (1) "National holiday" means:
1-9 (A) the first day of January;
1-10 (B) the third Monday in January;
1-11 (C) the third Monday in February;
1-12 (D) the last Monday in May;
1-13 (E) the fourth day of July;
1-14 (F) the first Monday in September;
1-15 (G) the 11th day of November;
1-16 (H) the fourth Thursday in November; <and>
1-17 (I) the day after the fourth Thursday in
1-18 November; and
1-19 (J) the 24th, 25th, and 26th days <25th day> of
1-20 December.
1-21 (2) "Optional holiday" means Rosh Hashanah, Yom
1-22 Kippur, and Good Friday.
1-23 (3) "State agency" means a board, commission, council,
1-24 department, committee, agency, office, or other unit of state
2-1 government that was created by the constitution or a statute of
2-2 this state and that is in the executive, legislative, or judicial
2-3 branch of state government. The term does not include a local
2-4 government, a river authority, a special district, a political
2-5 subdivision, or an institution of higher education as defined by
2-6 Section 61.003, Education Code.
2-7 (4) "State employee" means an appointed,
2-8 nonconstitutional officer or an employee of a state agency. The
2-9 term includes a part-time, hourly, or temporary state employee.
2-10 (5) "State holiday" means:
2-11 (A) the 19th day of January;
2-12 (B) the second day of March;
2-13 (C) the 21st day of April;
2-14 (D) the 19th day of June; and
2-15 (E) the 27th day of August<;>
2-16 <(F) every day on which an election is held
2-17 throughout the state;>
2-18 <(G) the fourth Friday of November;>
2-19 <(H) the 24th day of December; and>
2-20 <(I) the 26th day of December>.
2-21 (6) "Temporary employee" does not include an
2-22 independent contractor or the employee of an independent
2-23 contractor.
2-24 Sec. 2. A state employee is entitled to a paid day off from
2-25 work on each national holiday <and state holiday> if:
2-26 (1) the holiday does not fall on a Saturday or Sunday;
2-27 and
3-1 (2) the General Appropriations Act does not prohibit
3-2 state agencies from observing the holiday.
3-3 Sec. 3. A state employee is entitled to paid time off from
3-4 work on every day on which an election is held throughout the state
3-5 as provided by the General Appropriations Act <agency must have
3-6 enough state employees on duty during a state holiday to conduct
3-7 the public business of the agency. This section does not apply to
3-8 a state holiday that falls on a Saturday or Sunday, the fourth
3-9 Friday of November, the 24th day of December, or the 26th day of
3-10 December>.
3-11 Sec. 4. A state employee who is required to work on a
3-12 national holiday <or a state holiday> that does not fall on a
3-13 Saturday or Sunday is entitled to compensatory time off during the
3-14 12-month period following the holiday. The employee is entitled to
3-15 take the compensatory time off under Section 6 of this article but
3-16 may instead choose another time. The <A state> employee must give
3-17 reasonable notice of the employee's intention to use the
3-18 compensatory time, but is not required to say how the compensatory
3-19 time will be used.
3-20 Sec. 5. (a) This section applies only to a state employee
3-21 who normally works 40 hours per week on a schedule other than
3-22 Monday through Friday.
3-23 (b) A state employee is entitled to paid holiday time off
3-24 during a fiscal year equal to eight hours multiplied by the number
3-25 of national holidays <and state holidays> during the fiscal year as
3-26 determined under Section 2 of this article.
3-27 (c) When a state employee works less than an entire fiscal
4-1 year, the employee is entitled to paid holiday time off during the
4-2 fiscal year equal to eight hours multiplied by the number of
4-3 national holidays <and state holidays> that occur during the period
4-4 worked by the employee as determined under Section 2 of this
4-5 article.
4-6 Sec. 6. (a) A state employee is entitled to a paid day off
4-7 on a state holiday or an optional holiday that does not fall on
4-8 Saturday or Sunday if the employee is required to work <agrees to
4-9 relinquish> during the same fiscal year on a national <state>
4-10 holiday that does not fall on a Saturday or Sunday.
4-11 (b) When an optional holiday extends for more than one day,
4-12 a state employee is entitled to a paid day off on each day of the
4-13 holiday if the employee is required to work <agrees to relinquish>
4-14 an equivalent number of national <state> holidays.
4-15 <(c) A state employee may not agree to relinquish the fourth
4-16 Friday of November, the 24th day of December, or the 26th day of
4-17 December.>
4-18 Sec. 7. A part-time state employee is a state employee for
4-19 the purpose of this article with the following exceptions. When a
4-20 part-time state employee is entitled to a paid day off under this
4-21 article, the amount of the employee's pay for the day must be
4-22 proportionally reduced to account for the fewer hours the employee
4-23 normally works. Section 5 of this article applies to a part-time
4-24 employee who normally works other than Monday through Friday except
4-25 that the paid holiday time off during a fiscal year must be
4-26 proportionally reduced to account for the fewer hours the employee
4-27 normally works. An hourly or temporary state employee who normally
5-1 works fewer than 40 hours per week is a part-time employee for the
5-2 purpose of this section.
5-3 Sec. 8. (a) A state employee who begins working for a state
5-4 agency on the first workday of a month is entitled to be paid for a
5-5 <state holiday or> national holiday that occurs before the first
5-6 workday if the holiday:
5-7 (1) occurs during the month; and
5-8 (2) does not fall on a Saturday or Sunday.
5-9 (b) A state employee who stops working for a state agency on
5-10 the last workday of a month is entitled to be paid for a <state
5-11 holiday or> national holiday that occurs after the last workday if
5-12 the holiday:
5-13 (1) occurs during the month; and
5-14 (2) does not fall on a Saturday or Sunday.
5-15 (c) In this section, "workday" means a day on which a state
5-16 employee is normally scheduled to work.
5-17 Sec. 9. This article applies to a state employee of the
5-18 house of representatives or the senate only at the discretion of
5-19 the presiding officer or the administration committee of each
5-20 house.
5-21 SECTION 2. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended,
5-26 and that this Act take effect and be in force from and after its
5-27 passage, and it is so enacted.