1-1 By: Moncrief S.B. No. 1140
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 15, 1993, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; April 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the pooling of sick leave for county employees.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Subchapter B, Chapter 152, Local Government Code,
1-24 is amended by adding Section 152.019 to read as follows:
1-25 Sec. 152.019. SICK LEAVE POOLS. (a) For purposes of this
1-26 section:
1-27 (1) "Administrator" means the person designated by the
1-28 commissioners court to administer the county's sick leave pool.
1-29 (2) "Employee" means all district, county, and
1-30 precinct employees paid from the general fund of the county or from
1-31 special grants paid through the county.
1-32 (b) This section is intended to provide for the alleviation
1-33 of the hardship caused to an employee and the employee's family if
1-34 a catastrophic illness or injury forces the employee to exhaust all
1-35 leave time earned by that employee and to lose compensation from
1-36 the county.
1-37 (c) The commissioners court shall determine which injuries
1-38 and illnesses are classified as catastrophic for purposes of this
1-39 section. The court shall provide to the administrator a written
1-40 statement of that classification.
1-41 (d)(1) The commissioners court of a county may establish a
1-42 program within the county to allow an employee to voluntarily
1-43 transfer sick leave time earned by that employee to a sick leave
1-44 pool administered by the administrator.
1-45 (2) The commissioners court may adopt rules and
1-46 prescribe procedures relating to the operation of the county sick
1-47 leave pool.
1-48 (3) Sick leave time contributed to the county pool may
1-49 be used by an employee of the county as provided by this section.
1-50 (e) An employee is eligible to use the time contributed to
1-51 the sick leave pool if, because of a catastrophic injury or illness
1-52 or because of a previous donation of sick leave time to the pool,
1-53 the employee has exhausted all the sick leave time to which that
1-54 employee is otherwise entitled.
1-55 (f) To contribute time to the sick leave pool, an employee
1-56 must submit an application to the administrator in the form
1-57 prescribed by the commissioners court.
1-58 (g) On approval by the administrator, an employee may
1-59 transfer to the pool not less than one day nor more than three days
1-60 per fiscal year of the accrued sick leave time earned by that
1-61 employee. The administrator shall credit the sick leave pool with
1-62 the amount of time contributed by that employee and shall deduct a
1-63 corresponding amount of time from the amount to which that employee
1-64 is entitled as if the employee had used the time for personal
1-65 purposes.
1-66 (h) An eligible employee may apply to the administrator for
1-67 permission to draw time from the county sick leave pool. If the
1-68 administrator determines that the employee is eligible, the
2-1 administrator shall approve the transfer of time from the pool to
2-2 that employee. The administrator shall credit the time to the
2-3 employee, who may use the time in the same manner as sick leave
2-4 earned by the employee in the course of employment.
2-5 (i) An eligible employee may not draw time from the county
2-6 sick leave pool in an amount that exceeds the lesser of one-third
2-7 of the total amount of time in the pool or 90 days. The
2-8 administrator shall determine the exact amount that an eligible
2-9 employee may draw from the pool.
2-10 (j) An employee absent on assigned sick leave is treated for
2-11 all purposes as if the employee were absent on earned sick leave.
2-12 (k) The estate of a deceased employee is not entitled to
2-13 payment for unused sick leave acquired by that employee from the
2-14 sick leave pool of the employing county.
2-15 SECTION 2. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.
2-22 * * * * *
2-23 Austin,
2-24 Texas
2-25 April 15, 1993
2-26 Hon. Bob Bullock
2-27 President of the Senate
2-28 Sir:
2-29 We, your Committee on Intergovernmental Relations to which was
2-30 referred S.B. No. 1140, have had the same under consideration, and
2-31 I am instructed to report it back to the Senate with the
2-32 recommendation that it do pass and be printed.
2-33 Armbrister,
2-34 Chairman
2-35 * * * * *
2-36 WITNESSES
2-37 FOR AGAINST ON
2-38 ___________________________________________________________________
2-39 Name: Jim Allison x
2-40 Representing: County Judges &
2-41 Commissioners
2-42 City: Austin
2-43 -------------------------------------------------------------------
2-44 Name: Katy Caldwell x
2-45 Representing: Harris County Treasurer
2-46 City: Houston
2-47 -------------------------------------------------------------------
2-48 Name: Mickey West x
2-49 Representing: Tx Assn. of Co. Auditors
2-50 City: Tx Assn.
2-51 -------------------------------------------------------------------
2-52 Name: G. K. Maenius x
2-53 Representing: Tarrant Co. Commissioners
2-54 Ct.
2-55 City: Fort Worth
2-56 -------------------------------------------------------------------
2-57 Name: Carey Boethel x
2-58 Representing: Tx Assoc. Counties
2-59 City: Austin
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