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.