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.