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.