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.