By Goodman                                            H.B. No. 2077
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the pooling of sick leave for county employees.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 152 of the Texas Local Government Code is
    1-5  amended by adding a new section:
    1-6  Sec. 152.019
    1-7        (a)  Definitions
    1-8              (1)  For purposes of this Act, "administrator" shall
    1-9  mean the person designated by commissioners court to administer the
   1-10  county's sick leave pool.
   1-11              (2)  "Employee" shall include all district, county and
   1-12  precinct employees paid from the general fund of the county or from
   1-13  special grants paid through the county.
   1-14        (b)  This Act is intended to provide for the alleviation of
   1-15  the hardship caused to an employee and the employee's family if a
   1-16  catastrophic illness or injury forces the employee to exhaust all
   1-17  leave time earned by that employee and to lose compensation from
   1-18  the county.
   1-19        (c)  The commissioners court shall determine which injuries
   1-20  and illnesses are classified as catastrophic for purposes of this
   1-21  Act.  The court shall provide to the administrator a written
   1-22  statement of that classification.
   1-23        (d)  The commissioners court of any county may establish a
    2-1  program within the county to allow an employee to voluntarily
    2-2  transfer sick leave earned by that employee to a sick leave pool
    2-3  administered by the administrator.
    2-4              (1)  The commissioners court may adopt rules and
    2-5  prescribe procedures relating to the operation of the county sick
    2-6  leave pool.
    2-7              (2)  Sick leave time contributed to the county pool may
    2-8  be used by an employee of the county as provided by this Act.
    2-9        (e)  An employee is eligible to use the time contributed to
   2-10  the sick leave pool if, because of a catastrophic injury or illness
   2-11  or because of a previous donation of sick leave time to the pool,
   2-12  the employee has exhausted all the sick leave time to which that
   2-13  employee is otherwise entitled.
   2-14        (f)  To contribute time to the sick leave pool, an employee
   2-15  must submit an application to the administrator in the form
   2-16  prescribed by the commissioners court.
   2-17        (g)  On approval by the administrator, the employee may
   2-18  transfer to the pool not less than one day nor more than three days
   2-19  per fiscal year of the accrued sick leave time earned by that
   2-20  employee.  The administrator shall credit the sick leave pool with
   2-21  the amount of time contributed by that employee and shall deduct a
   2-22  corresponding amount of time from the amount to which that employee
   2-23  is entitled as if the employee had used the time for personal
   2-24  purposes.
   2-25        (h)  An eligible employee may apply to the administrator for
    3-1  permission to draw time from the county sick leave pool.  If the
    3-2  administrator determines that the employee is eligible, the
    3-3  administrator shall approve the transfer of time from the pool to
    3-4  that employee.  The administrator shall credit the time to the
    3-5  employee, who may use the time in the same manner as sick leave
    3-6  earned by the employee in the course of employment
    3-7        (i)  An eligible employee may not draw time from the county
    3-8  sick leave pool in an amount that exceeds the lesser of one-third
    3-9  of the total amount of time in the pool or 90 days.  The
   3-10  administrator shall determine the exact amount that an eligible
   3-11  employee may draw from the pool.
   3-12        (j)  An employee absent on assigned sick leave is treated for
   3-13  all purposes as the employee were absent on earned sick leave.
   3-14        (k)  The estate of a deceased employee is not entitled to
   3-15  payment for unused sick leave acquired by that employee from the
   3-16  sick leave pool of the employing county.
   3-17        SECTION 2.  The importance of this legislation and the
   3-18  crowded condition of the calendars in both houses create an
   3-19  emergency and an imperative public necessity that the
   3-20  constitutional rule requiring bills to be read on three several
   3-21  days in each house be suspended, and this rule is hereby suspended.