1-1 By: Barrientos S.B. No. 681
1-2 (In the Senate - Filed March 8, 1993; March 9, 1993, read
1-3 first time and referred to Committee on Finance; March 30, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 11, Nays 0; March 30, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 681 By: Barrientos
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the employees of certain state schools.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. DEFINITION. In this Act, "department" means the
1-27 Texas Department of Mental Health and Mental Retardation.
1-28 SECTION 2. APPLICATION OF ACT. (a) This Act applies to an
1-29 individual employed by the department at a state school scheduled
1-30 for closure under the settlement of the Lelsz v. Kavanagh
1-31 litigation who continues employment at the school for as long as
1-32 needed to deliver services.
1-33 (b) This Act does not apply to an individual:
1-34 (1) who is not a regular department employee at the
1-35 facility campus;
1-36 (2) who leaves a position at the facility before the
1-37 date on which the employee's services are not needed, unless the
1-38 individual leaves to accept a position under Section 3 of this Act;
1-39 or
1-40 (3) whose employment is terminated because of an act
1-41 or omission of the individual constituting good cause for
1-42 employment termination.
1-43 SECTION 3. ENTITLEMENT. (a) An employee covered by this
1-44 Act is entitled to:
1-45 (1) a comparable position at another department
1-46 facility; or
1-47 (2) payment for:
1-48 (A) two months administrative leave; and
1-49 (B) one week of leave for each full year of
1-50 service with the department.
1-51 (b) Payment under Subdivision (2) of Subsection (a) of this
1-52 section shall be computed at the employee's salary rate on the date
1-53 on which the employee's services are no longer needed.
1-54 (c) An individual who accepts a position with the department
1-55 under this section is also entitled to:
1-56 (1) reimbursement of travel expenses and leave with
1-57 full pay to visit prospective job sites within the department
1-58 during the movement period designated by the department; and
1-59 (2) reimbursement for moving expenses actually
1-60 incurred in transferring to the new facility during the movement
1-61 period, but not to exceed $1,500.
1-62 SECTION 4. EFFECTIVE DATE. This Act takes effect September
1-63 1, 1993.
1-64 SECTION 5. EMERGENCY. The importance of this legislation
1-65 and the crowded condition of the calendars in both houses create an
1-66 emergency and an imperative public necessity that the
1-67 constitutional rule requiring bills to be read on three several
1-68 days in each house be suspended, and this rule is hereby suspended.
2-1 * * * * *
2-2 Austin,
2-3 Texas
2-4 March 30, 1993
2-5 Hon. Bob Bullock
2-6 President of the Senate
2-7 Sir:
2-8 We, your Committee on Finance to which was referred S.B. No. 681,
2-9 have had the same under consideration, and I am instructed to
2-10 report it back to the Senate with the recommendation that it do not
2-11 pass, but that the Committee Substitute adopted in lieu thereof do
2-12 pass and be printed.
2-13 Montford,
2-14 Chairman
2-15 * * * * *
2-16 WITNESSES
2-17 FOR AGAINST ON
2-18 ___________________________________________________________________
2-19 Name: Rick Campbell x
2-20 Representing: TDMHMR
2-21 City: Austin
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