BILL ANALYSIS
S.B. 861
By: Ellis
Intergovernmental Relations
4-6-95
Committee Report (Unamended)
BACKGROUND
Under current law, the Harris County Sheriff's Department, which
employs approximately 3200 people, may not allow officers of its
employee organization the liberty of taking a leave of absence to
attend schools, conventions, or meetings to secure a more efficient
department and better working conditions for its members and still
maintain employee status, other than during legislative sessions.
PURPOSE
As proposed, S.B. 861 authorizes leaves of absence for certain
deputy sheriffs under certain conditions.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 85A, Local Government Code, by adding
Section 85.007, as follows:
Sec. 85.007. LEAVES OF ABSENCE FOR CERTAIN DEPUTY SHERIFFS.
(a) Provides that this section applies only to a sheriff's
department in a county with a population of 2.8 million or
more.
(b) Prohibits a deputy sheriff from being refused, on
application, a reasonable leave of absence to attend a
police school, convention, or meeting for the purpose of
securing a more efficient department and better working
conditions for department personnel, if a sufficient number
of deputy sheriffs of the same rank are available to carry
out the normal functions of the sheriff's department.
(c) Authorizes another deputy of equal rank to volunteer to
exchange time of work with the applicant, if a sheriff
determines that granting a leave will result in having an
insufficient number of deputies of the same rank to carry
out the normal functions of the department, if overtime does
not result.
(d) Requires the sheriff to allow a volunteer to work for
the applicant and grant the leave, if overtime will not
result and if the volunteer work will result in having a
sufficient number of employees.
(e) Authorizes a volunteer to receive cash from or on
behalf of the deputy taking leave in lieu of an exchange of
time of work, at the option of the deputies.
(f) Provides that leave under this section is not a break
in service for any purpose and is treated as any other paid
leave.
(g) Authorizes a sheriff to grant a deputy paid leave under
this section.
SECTION 2. Effective date: September 1, 1995.
SECTION 3. Emergency clause.