73R8049 RWS-F
          By Goodman                                            H.B. No. 2077
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of counties to create a sick leave pool
    1-3  program for county employees.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 157, Local Government Code, is amended by
    1-6  adding Subchapter E to read as follows:
    1-7       SUBCHAPTER E.  POOLING OF SICK LEAVE BY COUNTY EMPLOYEES
    1-8        Sec. 157.071.  DEFINITIONS.  In this subchapter:
    1-9              (1)  "Administrator" means the person designated by the
   1-10  commissioners court of a county to administer the county's sick
   1-11  leave pool program.
   1-12              (2)  "Employee" means a district, county, or precinct
   1-13  employee paid from the general fund of the county or from special
   1-14  grants paid through the county.
   1-15        Sec. 157.072.  AUTHORITY TO ESTABLISH PROGRAM FOR SICK LEAVE
   1-16  POOL.  The commissioners court of a county may establish a program
   1-17  within the county to allow an employee to voluntarily transfer sick
   1-18  leave time earned by the employee to a county sick leave pool.
   1-19        Sec. 157.073.  ADMINISTRATION OF SICK LEAVE POOL PROGRAM.
   1-20  (a)  The commissioners court may adopt rules and prescribe
   1-21  procedures and forms relating to the operation of the county sick
   1-22  leave pool program.
   1-23        (b)  The commissioners court shall designate a person to
    2-1  administer the county sick leave pool program.
    2-2        (c)  The commissioners court shall determine which injuries
    2-3  and illnesses are classified as catastrophic for purposes of this
    2-4  subchapter.  The court shall provide to the administrator a written
    2-5  statement of that classification.
    2-6        Sec. 157.074.  EMPLOYEE CONTRIBUTION TO SICK LEAVE POOL.  (a)
    2-7  To contribute time to the county sick leave pool, an employee must
    2-8  submit an application to the administrator in the form prescribed
    2-9  by the commissioners court.
   2-10        (b)  On approval by the administrator, in a fiscal year the
   2-11  employee may transfer to the county sick leave pool not less than
   2-12  one day or more than three days of accrued sick leave time earned
   2-13  by the employee.  The administrator shall credit the pool with the
   2-14  amount of time contributed by the employee and shall deduct the
   2-15  same amount of time from the amount to which the employee is
   2-16  entitled, as if the employee had used the time for personal
   2-17  purposes.
   2-18        Sec. 157.075.  EMPLOYEE WITHDRAWAL FROM SICK LEAVE POOL.  (a)
   2-19  An employee is eligible to use time contributed to the county sick
   2-20  leave pool if, because of a catastrophic injury or illness or
   2-21  because of a previous donation of sick leave time to the pool, the
   2-22  employee has exhausted all the sick leave time to which the
   2-23  employee is otherwise entitled.
   2-24        (b)  An eligible employee must apply to the administrator for
   2-25  permission to use time in the county sick leave pool.  If the
    3-1  administrator determines that the employee is eligible, the
    3-2  administrator shall approve the transfer of time from the pool to
    3-3  the employee.  The administrator shall credit the time to the
    3-4  employee, and the employee may use the time in the same manner as
    3-5  sick leave earned by the employee in the course of employment.
    3-6        (c)  An eligible employee may not use time in the county sick
    3-7  leave pool in an amount that exceeds the lesser of one-third of the
    3-8  total amount of time in the pool or 90 days.  The administrator
    3-9  shall determine the exact amount that an eligible employee may use.
   3-10        (d)  An employee absent on sick leave assigned from the
   3-11  county sick leave pool is treated for all purposes as if the
   3-12  employee were absent on earned sick leave.
   3-13        (e)  The estate of a deceased employee is not entitled to
   3-14  payment for unused sick leave acquired by that employee from the
   3-15  county sick leave pool.
   3-16        SECTION 2.  The importance of this legislation and the
   3-17  crowded condition of the calendars in both houses create an
   3-18  emergency and an imperative public necessity that the
   3-19  constitutional rule requiring bills to be read on three several
   3-20  days in each house be suspended, and this rule is hereby suspended,
   3-21  and that this Act take effect and be in force from and after its
   3-22  passage, and it is so enacted.