By:  Naishtat                                         H.B. No. 1442
       73R2666 ESH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to unpaid leave for state employees for job-related
    1-3  education or service with a state employee organization.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  DEFINITIONS.  In this Act:
    1-6              (1)  "Eligible state employee organization" has the
    1-7  meaning assigned by Section 403.0165, Government Code, and its
    1-8  subsequent amendments.
    1-9              (2)  "Institution of higher education" has the meaning
   1-10  assigned by Section 61.003, Education Code, and its subsequent
   1-11  amendments.
   1-12              (3)  "State agency" has the meaning assigned by Section
   1-13  403.0165, Government Code, and its subsequent amendments.
   1-14              (4)  "State employee" means an individual other than a
   1-15  seasonal employee who is employed either full-time or part-time by
   1-16  a state agency in:
   1-17                    (A)  a position subject to the Position
   1-18  Classification Act of 1961 (Article 6252-11, Vernon's Texas Civil
   1-19  Statutes), and its subsequent amendments, or a similar
   1-20  classification plan at an institution of higher education; or
   1-21                    (B)  a position exempt from the Position
   1-22  Classification Act of 1961 (Article 6252-11, Vernon's Texas Civil
   1-23  Statutes), and its subsequent amendments, that is compensated at a
   1-24  rate that does not exceed the amount prescribed by the General
    2-1  Appropriations Act for step 1, salary group 21, of the position
    2-2  classification salary schedule.
    2-3        SECTION 2.  EMPLOYEE LEAVE OF ABSENCE.  (a)  Subject to
    2-4  Sections 6 and 7 of this Act, a state employee is entitled to a
    2-5  leave of absence from employment if:
    2-6              (1)  the employee has been continuously employed by the
    2-7  state for at least two years; and
    2-8              (2)  the leave is to permit the employee to:
    2-9                    (A)  further the employee's education in an area
   2-10  related to the employee's employment; or
   2-11                    (B)  serve with an eligible state employee
   2-12  organization.
   2-13        (b)  A state employee taking a leave of absence under this
   2-14  section is not entitled to compensation while on leave.
   2-15        (c)  A leave of absence under this section may not exceed two
   2-16  years.
   2-17        SECTION 3.  EMPLOYEE RIGHTS AND BENEFITS WHILE ON LEAVE.  (a)
   2-18  At the option of the employee, a state employee on leave under
   2-19  Section 2 of this Act may participate in:
   2-20              (1)  the uniform group insurance plan under the Texas
   2-21  Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
   2-22  Insurance Code), and its subsequent amendments, provided that the
   2-23  employee pays the entire amount of the contribution under Section
   2-24  14 of that Act while on leave; and
   2-25              (2)  the Employees Retirement System of Texas, provided
   2-26  the employee pays the entire amount of the contributions under
   2-27  Sections 815.402 and 815.403, Government Code, and their subsequent
    3-1  amendments, while on leave.
    3-2        (b)  For purposes of entitlement to longevity pay under
    3-3  Article 6813d-1, Revised Statutes, and its subsequent amendments, a
    3-4  state employee on leave under Section 2 of this Act does not accrue
    3-5  credit while on leave but retains credit earned before the leave.
    3-6        SECTION 4.  REEMPLOYMENT FOLLOWING LEAVE.  (a)  Except as
    3-7  provided by Subsection (c) of this section, a state employee is
    3-8  entitled to reemployment with the employing state agency following
    3-9  a leave of absence under Section 2 of this Act.  The employing
   3-10  state agency shall employ the employee in the first position that:
   3-11              (1)  becomes available after the leave ends;
   3-12              (2)  is comparable to the position held by the employee
   3-13  before the leave began; and
   3-14              (3)  is in the same locality as the position held by
   3-15  the employee before the leave began.
   3-16        (b)  If an employing state agency or employing division of a
   3-17  state agency is abolished during a state employee's leave of
   3-18  absence under Section 2 of this Act and the agency's or division's
   3-19  duties are transferred to another agency, the employee is entitled
   3-20  to reemployment as provided by Subsection (a) of this section with
   3-21  the agency to which the employing agency's or division's duties
   3-22  were transferred.
   3-23        (c)  If an employing state agency or employing division of a
   3-24  state agency is abolished during a state employee's leave of
   3-25  absence under Section 2 of this Act and the agency's or division's
   3-26  duties are not transferred to another agency, the employee is not
   3-27  entitled to reemployment.
    4-1        SECTION 5.  EMPLOYMENT TO FILL VACANCY.  A state agency that
    4-2  grants a state employee leave under this Act may hire another
    4-3  individual to fill the vacancy left by the employee.
    4-4        SECTION 6.  VOLUNTARY PARTICIPATION BY CERTAIN AGENCIES.  A
    4-5  state agency that has fewer than 2,000 employees is not required to
    4-6  grant a leave of absence under this Act but may do so at the
    4-7  agency's discretion.
    4-8        SECTION 7.  MAXIMUM NUMBER OF SIMULTANEOUS LEAVES OF ABSENCE.
    4-9  A state agency is not required to grant a state employee a leave of
   4-10  absence under this Act for any time at which the agency will have
   4-11  five other employees on leave under this Act, but may do so at the
   4-12  agency's discretion.
   4-13        SECTION 8.  EMERGENCY.  The importance of this legislation
   4-14  and the crowded condition of the calendars in both houses create an
   4-15  emergency and an imperative public necessity that the
   4-16  constitutional rule requiring bills to be read on three several
   4-17  days in each house be suspended, and this rule is hereby suspended,
   4-18  and that this Act take effect and be in force from and after its
   4-19  passage, and it is so enacted.