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 2-60 -------------------------------------------------------------------