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.