73R10188 RWS-D By Moncrief S.B. No. 1140 Substitute the following for S.B. No. 1140: By Longoria C.S.S.B. No. 1140 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 1-24 administer the county sick leave pool program. 2-1 (c) The commissioners court shall determine which injuries 2-2 and illnesses are classified as catastrophic for purposes of this 2-3 subchapter. The court shall provide to the administrator a written 2-4 statement of that classification. 2-5 Sec. 157.074. EMPLOYEE CONTRIBUTION TO SICK LEAVE POOL. (a) 2-6 To contribute time to the county sick leave pool, an employee must 2-7 submit an application to the administrator in the form prescribed 2-8 by the commissioners court. 2-9 (b) On approval by the administrator, in a fiscal year the 2-10 employee may transfer to the county sick leave pool not less than 2-11 one day or more than three days of accrued sick leave time earned 2-12 by the employee. The administrator shall credit the pool with the 2-13 amount of time contributed by the employee and shall deduct the 2-14 same amount of time from the amount to which the employee is 2-15 entitled, as if the employee had used the time for personal 2-16 purposes. 2-17 Sec. 157.075. EMPLOYEE WITHDRAWAL FROM SICK LEAVE POOL. (a) 2-18 An employee is eligible to use time contributed to the county sick 2-19 leave pool if, because of a catastrophic injury or illness or 2-20 because of a previous donation of sick leave time to the pool, the 2-21 employee has exhausted all the sick leave time to which the 2-22 employee is otherwise entitled. 2-23 (b) An eligible employee must apply to the administrator for 2-24 permission to use time in the county sick leave pool. If the 2-25 administrator determines that the employee is eligible, the 2-26 administrator shall approve the transfer of time from the pool to 2-27 the employee. The administrator shall credit the time to the 3-1 employee, and the employee may use the time in the same manner as 3-2 sick leave earned by the employee in the course of employment. 3-3 (c) An eligible employee may not use time in the county sick 3-4 leave pool in an amount that exceeds the lesser of one-third of the 3-5 total amount of time in the pool or 90 days. The administrator 3-6 shall determine the exact amount that an eligible employee may use. 3-7 (d) An employee absent on sick leave assigned from the 3-8 county sick leave pool is treated for all purposes as if the 3-9 employee were absent on earned sick leave. 3-10 (e) The estate of a deceased employee is not entitled to 3-11 payment for unused sick leave acquired by that employee from the 3-12 county sick leave pool. 3-13 SECTION 2. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended, 3-18 and that this Act take effect and be in force from and after its 3-19 passage, and it is so enacted.