By Culberson                                           H.B. No. 701
       74R2292 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to limiting to 10 the number of paid holidays that may be
    1-3  taken by a state employee during a fiscal year.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 662.005, Government Code, is amended to
    1-6  read as follows:
    1-7        Sec. 662.005.  ENTITLEMENT TO PAID DAYS <DAY> OFF.  (a)  A
    1-8  state employee is entitled to a paid day off from work on each
    1-9  national <or state> holiday during a fiscal year that does not fall
   1-10  on a Saturday or Sunday.  A state employee is entitled to choose an
   1-11  additional number of paid days off during a fiscal year on state
   1-12  holidays that do not fall on a Saturday or Sunday so that the
   1-13  number of paid holiday days off from work taken by the employee
   1-14  during a fiscal year is equal to the lesser of 10 or the number of
   1-15  state and national holidays that do not fall on a Saturday or
   1-16  Sunday that occur during the period of the fiscal year during which
   1-17  the employee is employed by the state.
   1-18        (b)  A state employee is not entitled <This section does not
   1-19  apply> to a paid day off from work on a holiday that the General
   1-20  Appropriations Act prohibits state agencies from observing.
   1-21        (c)  If the sum of the number of national holidays that do
   1-22  not fall on a Saturday or Sunday during a fiscal year added to the
   1-23  number of state holidays described by Section 662.004(b) that do
   1-24  not fall on a Saturday or Sunday during the fiscal year exceeds 10,
    2-1  the legislature may specify in the General Appropriations Act
    2-2  applicable to the fiscal year the national holiday or holidays that
    2-3  may not be observed during the fiscal year in the number necessary
    2-4  to reduce to 10 the sum of the number of national holidays that do
    2-5  not fall on a Saturday or Sunday during the fiscal year added to
    2-6  the number of state holidays described by Section 662.004(b) that
    2-7  do not fall on a Saturday or Sunday during the fiscal year.
    2-8        (d)  A state agency may require a state employee to choose
    2-9  under Subsection (a) one or more state holidays described by
   2-10  Section 662.004(b) that do not fall on a Saturday or Sunday.
   2-11        SECTION 2.  Sections 662.006(a) and (b), Government Code, are
   2-12  amended to read as follows:
   2-13        (a)  A state employee is entitled to a paid day off on each
   2-14  day of an optional holiday that does not fall on a Saturday or
   2-15  Sunday if the employee agrees to give up, during the same fiscal
   2-16  year, a state holiday that does not fall on a Saturday or Sunday
   2-17  and if the number of paid holiday days off from work on national,
   2-18  state, and optional holidays that do not fall on a Saturday or
   2-19  Sunday that are taken by the employee during the fiscal year does
   2-20  not exceed 10.
   2-21        (b)  A state employee is entitled to a paid day off on each
   2-22  day of an optional holiday that extends for more than one day if
   2-23  the employee agrees to give up an equivalent number of state
   2-24  holidays and if the number of paid holiday days off from work on
   2-25  national, state, and optional holidays that do not fall on a
   2-26  Saturday or Sunday that are taken by the employee during the fiscal
   2-27  year does not exceed 10.
    3-1        SECTION 3.  Section 662.007(a), Government Code, is amended
    3-2  to read as follows:
    3-3        (a)  A state employee who is required to work during a fiscal
    3-4  year on a number of national, <or> state, and optional holidays so
    3-5  <holiday> that the number of paid holiday days off from work taken
    3-6  by the employee during the fiscal year is less than the lesser of
    3-7  10 or the number of state and national holidays that do <does> not
    3-8  fall on a Saturday or Sunday that occur during the period of the
    3-9  fiscal year during which the employee is employed by the state is
   3-10  entitled to compensatory time off during the 12 months after the
   3-11  holiday in the amount of time necessary to compensate the employee
   3-12  for the paid time off to which the employee is entitled under
   3-13  Section 662.005.
   3-14        SECTION 4.  Sections 662.009(a) and (b), Government Code, are
   3-15  amended to read as follows:
   3-16        (a)  A state employee who normally works 40 hours a week on a
   3-17  schedule other than Monday through Friday is entitled to 80 hours
   3-18  paid holiday time off during the fiscal year <equal to eight hours
   3-19  multiplied by the number of national and state holidays in the
   3-20  fiscal year as determined under Section 662.005>.
   3-21        (b)  A state employee to whom Subsection (a) applies who
   3-22  works less than the entire fiscal year is entitled to paid holiday
   3-23  time off during the fiscal year equal to eight hours multiplied by
   3-24  the lesser of 10 or the number of national and state holidays that
   3-25  occur during the period of the fiscal year during which the
   3-26  employee is employed by the state <worked by the employee under
   3-27  Section 662.005>.
    4-1        SECTION 5.  Sections 662.010(a) and (b), Government Code, are
    4-2  amended to read as follows:
    4-3        (a)  Subject to Section 662.005, a <A> state employee who
    4-4  begins working for a state agency on the first workday of a month
    4-5  is entitled to be paid for a state or national holiday that occurs
    4-6  before the first workday if the holiday:
    4-7              (1)  occurs during the month; and
    4-8              (2)  does not fall on a Saturday or Sunday.
    4-9        (b)  Subject to Section 662.005, a <A> state employee who
   4-10  stops working for a state agency on the last workday of a month is
   4-11  entitled to be paid for a state or national holiday that occurs
   4-12  after the last workday if the holiday:
   4-13              (1)  occurs during the month; and
   4-14              (2)  does not fall on a Saturday or Sunday.
   4-15        SECTION 6.  This Act takes effect September 1, 1995.
   4-16        SECTION 7.  The importance of this legislation and the
   4-17  crowded condition of the calendars in both houses create an
   4-18  emergency and an imperative public necessity that the
   4-19  constitutional rule requiring bills to be read on three several
   4-20  days in each house be suspended, and this rule is hereby suspended.