By: Moncrief S.B. No. 1140 A BILL TO BE ENTITLED AN ACT 1-1 relating to the pooling of sick leave for county employees. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Subchapter B, Chapter 152, Local Government Code, 1-4 is amended by adding Section 152.019 to read as follows: 1-5 Sec. 152.019. SICK LEAVE POOLS. (a) For purposes of this 1-6 section: 1-7 (1) "Administrator" means the person designated by the 1-8 commissioners court to administer the county's sick leave pool. 1-9 (2) "Employee" means all district, county, and 1-10 precinct employees paid from the general fund of the county or from 1-11 special grants paid through the county. 1-12 (b) This section is intended to provide for the alleviation 1-13 of the hardship caused to an employee and the employee's family if 1-14 a catastrophic illness or injury forces the employee to exhaust all 1-15 leave time earned by that employee and to lose compensation from 1-16 the county. 1-17 (c) The commissioners court shall determine which injuries 1-18 and illnesses are classified as catastrophic for purposes of this 1-19 section. The court shall provide to the administrator a written 1-20 statement of that classification. 1-21 (d)(1) The commissioners court of a county may establish a 1-22 program within the county to allow an employee to voluntarily 1-23 transfer sick leave time earned by that employee to a sick leave 2-1 pool administered by the administrator. 2-2 (2) The commissioners court may adopt rules and 2-3 prescribe procedures relating to the operation of the county sick 2-4 leave pool. 2-5 (3) Sick leave time contributed to the county pool may 2-6 be used by an employee of the county as provided by this section. 2-7 (e) An employee is eligible to use the time contributed to 2-8 the sick leave pool if, because of a catastrophic injury or illness 2-9 or because of a previous donation of sick leave time to the pool, 2-10 the employee has exhausted all the sick leave time to which that 2-11 employee is otherwise entitled. 2-12 (f) To contribute time to the sick leave pool, an employee 2-13 must submit an application to the administrator in the form 2-14 prescribed by the commissioners court. 2-15 (g) On approval by the administrator, an employee may 2-16 transfer to the pool not less than one day nor more than three days 2-17 per fiscal year of the accrued sick leave time earned by that 2-18 employee. The administrator shall credit the sick leave pool with 2-19 the amount of time contributed by that employee and shall deduct a 2-20 corresponding amount of time from the amount to which that employee 2-21 is entitled as if the employee had used the time for personal 2-22 purposes. 2-23 (h) An eligible employee may apply to the administrator for 2-24 permission to draw time from the county sick leave pool. If the 2-25 administrator determines that the employee is eligible, the 3-1 administrator shall approve the transfer of time from the pool to 3-2 that employee. The administrator shall credit the time to the 3-3 employee, who may use the time in the same manner as sick leave 3-4 earned by the employee in the course of employment. 3-5 (i) An eligible employee may not draw time from the county 3-6 sick leave pool in an amount that exceeds the lesser of one-third 3-7 of the total amount of time in the pool or 90 days. The 3-8 administrator shall determine the exact amount that an eligible 3-9 employee may draw from the pool. 3-10 (j) An employee absent on assigned sick leave is treated for 3-11 all purposes as if the employee were absent on earned sick leave. 3-12 (k) The estate of a deceased employee is not entitled to 3-13 payment for unused sick leave acquired by that employee from the 3-14 sick leave pool of the employing county. 3-15 SECTION 2. The importance of this legislation and the 3-16 crowded condition of the calendars in both houses create an 3-17 emergency and an imperative public necessity that the 3-18 constitutional rule requiring bills to be read on three several 3-19 days in each house be suspended, and this rule is hereby suspended, 3-20 and that this Act take effect and be in force from and after its 3-21 passage, and it is so enacted.