By:  Barrientos                                        S.B. No. 681
       73R5935 CBH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the employees of certain state schools.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  DEFINITION.  In this Act, "department" means the
    1-5  Texas Department of Mental Health and Mental Retardation.
    1-6        SECTION 2.  APPLICATION OF ACT.  (a)  This Act applies to an
    1-7  individual employed by the department at a state school scheduled
    1-8  for closure under the settlement of the Lelsz v.  Kavanagh
    1-9  litigation who continues employment at the school for as long as
   1-10  needed to deliver services.
   1-11        (b)  This Act does not apply to an individual:
   1-12              (1)  who is not a regular full-time department employee
   1-13  at the facility;
   1-14              (2)  who leaves a position at the facility before the
   1-15  date on which the employee's services are not needed, unless the
   1-16  individual leaves to accept a position under Section 3 of this Act;
   1-17  or
   1-18              (3)  whose employment is terminated because of an act
   1-19  or omission of the individual constituting good cause for
   1-20  employment termination.
   1-21        SECTION 3.  ENTITLEMENT.  (a)  An employee covered by this
   1-22  Act is entitled to:
   1-23              (1)  a comparable position at another department
   1-24  facility; or
    2-1              (2)  payment for:
    2-2                    (A)  two months administrative leave; and
    2-3                    (B)  one week of leave for each full year of
    2-4  service with the department.
    2-5        (b)  Payment under Subsection (a)(2) of this section shall be
    2-6  computed at the employee's salary rate on the date on which the
    2-7  employee's services are no longer needed.
    2-8        (c)  An individual who accepts a position with the department
    2-9  under this section is also entitled to:
   2-10              (1)  reimbursement of travel expenses and leave with
   2-11  full pay to visit prospective job sites within the system during
   2-12  the movement period designated by the department; and
   2-13              (2)  reimbursement for moving expenses actually
   2-14  incurred in transferring to the new facility during the movement
   2-15  period, but not to exceed $1,500.
   2-16        SECTION 4.  EFFECTIVE DATE.  This Act takes effect September
   2-17  1, 1993.
   2-18        SECTION 5.  EMERGENCY.  The importance of this legislation
   2-19  and the crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.