1-1 By: Armbrister S.B. No. 670
1-2 (In the Senate - Filed February 20, 1995; February 21, 1995,
1-3 read first time and referred to Committee on Finance;
1-4 April 3, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 9, Nays 0; April 3, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-7 Amend S.B. No. 670 as follows:
1-8 (1) On page 12, line 5 (committee printing page 5, line 53),
1-9 insert "during the same fiscal year" following "up".
1-10 (2) On page 21, line 14 (committee printing page 9, line
1-11 37), strike ", without further appropriation,".
1-12 (3) Add the following to Section 42 of the bill:
1-13 "(3) Section 403.005 and Subsection (e), Section
1-14 403.016, Government Code."
1-15 (4) Add the following after Section 41 of the bill and
1-16 renumber the subsequent sections of the bill accordingly:
1-17 "SECTION 42. Subsection (f), Section 403.016, Government
1-18 Code, is amended to read as follows:
1-19 (f) (1) Except as provided by Subdivision (2) <Subsection
1-20 (e)>, the comptroller may use the electronic funds transfer system
1-21 to pay a person only if the payment is deposited <deposit payments
1-22 only> to one or more of the person's accounts <a payee's account>
1-23 at one or more <a> financial institutions <institution>. This
1-24 authorization is subject to any limitation adopted by the
1-25 comptroller by rule, by an automated clearinghouse, or by the
1-26 federal government.
1-27 (2) An employee's account at a credit union may be
1-28 used to deposit part of the employee's net state salary if:
1-29 (A) the amount of the salary deposited to that
1-30 account exceeds the amount of the salary deposited to any account
1-31 of the employee at any other type of financial institution; or
1-32 (B) the requirements concerning deductions for
1-33 payments to credit unions in Subchapter G, Chapter 659, and in the
1-34 rules adopted by the comptroller under that subchapter are
1-35 satisfied.
1-36 (3) A single electronic funds transfer may contain
1-37 payments to multiple payees. Individual transfers or warrants are
1-38 not required for each payee."
1-39 (5) Strike page 36, line 13 (committee printing page 15,
1-40 lines 23-24) and substitute the following:
1-41 "(1) Sections 1 through 8, 10, 33 through 41, 45, and
1-42 46, which take".
1-43 A BILL TO BE ENTITLED
1-44 AN ACT
1-45 relating to expenses of state agencies and the compensation,
1-46 expenses, and conditions of employment of state officers,
1-47 employees, and other workers.
1-48 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-49 SECTION 1. Subsection (c), Section 659.083, Government Code,
1-50 is amended to read as follows:
1-51 (c) In this section, "working day" means a day other than
1-52 Saturday, Sunday, or a national holiday<, or a state holiday> as
1-53 listed in the General Appropriations Act or Chapter 662. A day
1-54 does not cease to be a national holiday because a state agency
1-55 maintains or is required to maintain a minimum working staff on the
1-56 holiday.
1-57 SECTION 2. Sections 2254.021 and 2254.022, Government Code,
1-58 are amended to read as follows:
1-59 Sec. 2254.021. DEFINITIONS. In this subchapter:
1-60 (1) "Consulting service" means the service of studying
1-61 or advising a state agency under a contract that does not involve
1-62 the traditional relationship of employer and employee.
1-63 (2) "Major consulting services contract" means a
1-64 consulting services contract for which it is reasonably foreseeable
1-65 that the value of the contract will exceed $10,000.
1-66 (3) "Consultant" <"Private consultant"> means a person
1-67 that provides or proposes to provide a consulting service. The
1-68 term includes the federal government but does not include a state
2-1 agency or a state governmental entity.
2-2 (4) "State agency" has the meaning assigned by Section
2-3 1.02, State Purchasing and General Services Act (Article 601b,
2-4 Vernon's Texas Civil Statutes).
2-5 (5) "State governmental entity" means a state
2-6 department, commission, board, office, institution, facility, or
2-7 other agency the jurisdiction of which is not limited to a
2-8 geographical portion of the state. The term includes a university
2-9 system and an institution of higher education, other than a public
2-10 junior college, as those terms are defined by Section 61.003,
2-11 Education Code.
2-12 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER. (a) This
2-13 subchapter shall be interpreted to ensure:
2-14 (1) the greatest and fairest competition in the
2-15 selection by state agencies of <private> consultants; and
2-16 (2) the giving of notice to all potential <private>
2-17 consultants of the need for and opportunity to provide consulting
2-18 services.
2-19 (b) This subchapter does not:
2-20 (1) discourage state agencies from using <private>
2-21 consultants if the agencies reasonably foresee that the use of
2-22 <private> consultants will produce a more efficient and less costly
2-23 operation or project;
2-24 (2) prohibit the making of a sole-source contract for
2-25 consulting services if a proposal is not received from a competent,
2-26 knowledgeable, and qualified <private> consultant at a reasonable
2-27 fee, after compliance with this subchapter; or
2-28 (3) require or prohibit the use of competitive bidding
2-29 procedures to purchase consulting services.
2-30 SECTION 3. Subsections (a), (b), and (e), Section 2254.025,
2-31 Government Code, are amended to read as follows:
2-32 (a) The governor, after receipt of a request complying with
2-33 this section, may grant a limited waiver of the provisions of this
2-34 subchapter for a state agency that requires <private> consulting
2-35 services before compliance with this subchapter can be completed
2-36 because of an unforeseen emergency.
2-37 (b) A state agency's request for a waiver must include
2-38 information required by the governor, including:
2-39 (1) information about the nature of the emergency;
2-40 (2) the reason that the state agency did not foresee
2-41 the emergency;
2-42 (3) the name of the <private> consultant with whom the
2-43 agency intends to contract; and
2-44 (4) the amount of the intended contract.
2-45 (e) In this section, "unforeseen emergency" means a
2-46 situation that suddenly and unexpectedly causes a state agency to
2-47 need the services of a <private> consultant. The term includes the
2-48 issuance of a court order, an actual or imminent natural disaster,
2-49 and new state or federal legislation. An emergency is not
2-50 unforeseen if a state agency was negligent in foreseeing the
2-51 occurrence of the emergency.
2-52 SECTION 4. Sections 2254.026 and 2254.027, Government Code,
2-53 are amended to read as follows:
2-54 Sec. 2254.026. CONTRACT WITH <PRIVATE> CONSULTANT. A state
2-55 agency may contract with a <private> consultant only if:
2-56 (1) there is a substantial need for the consulting
2-57 services; and
2-58 (2) the agency cannot adequately perform the services
2-59 with its own personnel or obtain the consulting services through a
2-60 contract with a <another> state governmental entity <agency>.
2-61 Sec. 2254.027. SELECTION OF <PRIVATE> CONSULTANT. In
2-62 selecting a <private> consultant, a state agency shall:
2-63 (1) base its choice on demonstrated competence,
2-64 knowledge, and qualifications and on the reasonableness of the
2-65 proposed fee for the services; and
2-66 (2) if other considerations are equal, give preference
2-67 to a <private> consultant whose principal place of business is in
2-68 the state or who will manage the consulting contract wholly from an
2-69 office in the state.
2-70 SECTION 5. Subsection (a), Section 2254.028, Government
3-1 Code, is amended to read as follows:
3-2 (a) Before entering into a major consulting services
3-3 contract, a state agency shall:
3-4 (1) notify the Legislative Budget Board and the
3-5 governor's Budget and Planning Office that the agency intends to
3-6 contract with a <private> consultant;
3-7 (2) give information to the Legislative Budget Board
3-8 and the governor's Budget and Planning Office to demonstrate that
3-9 the agency has complied or will comply with Sections 2254.026 and
3-10 2254.027; and
3-11 (3) obtain a finding of fact from the governor's
3-12 Budget and Planning Office that the consulting services are
3-13 necessary.
3-14 SECTION 6. Sections 2254.029 and 2254.030, Government Code,
3-15 are amended to read as follows:
3-16 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
3-17 INTO MAJOR CONSULTING SERVICES CONTRACT. (a) Not later than the
3-18 30th day before the date it enters into a major consulting services
3-19 contract, a state agency shall file with the secretary of state for
3-20 publication in the Texas Register:
3-21 (1) an invitation for <private> consultants to provide
3-22 offers of consulting services;
3-23 (2) the name of the individual who should be contacted
3-24 by a <private> consultant that intends to make an offer;
3-25 (3) the closing date for the receipt of offers; and
3-26 (4) the procedure by which the state agency will award
3-27 the contract.
3-28 (b) If the consulting services sought by a state agency
3-29 relate to services previously provided by a <private> consultant,
3-30 the agency shall disclose that fact in the invitation required by
3-31 Subsection (a). If the state agency intends to award the contract
3-32 for the consulting services to a <private> consultant that
3-33 previously provided the services, unless a better offer is
3-34 received, the agency shall disclose its intention in the invitation
3-35 required by Subsection (a).
3-36 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
3-37 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 10th
3-38 day after the date of entering into a major consulting services
3-39 contract, the state agency shall file with the secretary of state
3-40 for publication in the Texas Register:
3-41 (1) a description of the activities that the <private>
3-42 consultant will conduct;
3-43 (2) the name and business address of the <private>
3-44 consultant;
3-45 (3) the total value and the beginning and ending dates
3-46 of the contract; and
3-47 (4) the dates on which documents, films, recordings,
3-48 or reports that the <private> consultant is required to present to
3-49 the agency are due.
3-50 SECTION 7. Subsections (a) and (b), Section 2254.036,
3-51 Government Code, are amended to read as follows:
3-52 (a) On request, a state agency shall, after the agency's
3-53 contract with a <private> consultant has ended, supply the
3-54 Legislative Budget Board and the governor's Budget and Planning
3-55 Office with copies of all documents, films, recordings, or reports
3-56 compiled by the consultant under the contract.
3-57 (b) Copies of all documents, films, recordings, or reports
3-58 compiled by the <private> consultant shall be filed with the Texas
3-59 State Library and shall be retained by the library for at least
3-60 five years.
3-61 SECTION 8. Section 2254.037, Government Code, is amended to
3-62 read as follows:
3-63 Sec. 2254.037. REPORTS. As part of the biennial budgetary
3-64 hearing process conducted by the Legislative Budget Board and the
3-65 governor's Budget and Planning Office, a state agency shall report
3-66 to the Legislative Budget Board and the governor's Budget and
3-67 Planning Office on any actions taken in response to the
3-68 recommendations of any <private> consultant with whom the state
3-69 agency contracts during the previous biennium.
3-70 SECTION 9. Subchapter B, Chapter 403, Government Code, is
4-1 amended by adding Section 403.024 to read as follows:
4-2 Sec. 403.024. RULES. (a) The comptroller may adopt rules
4-3 to interpret, implement, and administer a state statute if:
4-4 (1) the statute specifically authorizes or requires
4-5 the comptroller to interpret, implement, or administer the statute;
4-6 or
4-7 (2) the comptroller determines that the rules are
4-8 necessary for fulfillment of the comptroller's constitutional or
4-9 statutory duties.
4-10 (b) Subsection (a) does not apply to a state statute if the
4-11 statute specifically authorizes the comptroller or a state agency
4-12 to adopt rules to interpret, implement, and administer the statute.
4-13 SECTION 10. Subdivision (2), Subsection (d), Section
4-14 481.0841, Government Code, is amended to read as follows:
4-15 (2) A state agency may not use funds inside or outside
4-16 the state treasury to pay a user if the <agency knows that the>
4-17 user is in default on a loan guaranteed under this subchapter and
4-18 with respect to which the department has been required to honor a
4-19 guarantee.
4-20 SECTION 11. Subsection (e), Section 57.48, Education Code,
4-21 is amended to read as follows:
4-22 (e) This section does not prohibit the comptroller from
4-23 issuing a warrant to pay the compensation of:
4-24 (1) a state officer or employee; or
4-25 (2) an individual whose compensation is being paid by
4-26 a private person through a state agency.
4-27 SECTION 12. Subdivision (4), Subsection (f), Section 57.48,
4-28 Education Code, is amended to read as follows:
4-29 (4) This subsection does not prohibit a state agency
4-30 from paying the compensation of:
4-31 (A) a state officer or employee; or
4-32 (B) an individual whose compensation is being
4-33 paid by a private person through the agency.
4-34 SECTION 13. Subsection (c), Section 403.055, Government
4-35 Code, is amended to read as follows:
4-36 (c) This section does not prohibit the comptroller from
4-37 issuing a warrant to pay the compensation of:
4-38 (1) a state officer or employee; or
4-39 (2) an individual whose compensation is being paid by
4-40 a private person through a state agency.
4-41 SECTION 14. Subdivision (4), Subsection (e), Section
4-42 403.055, Government Code, is amended to read as follows:
4-43 (4) This subsection does not prohibit a state agency
4-44 from paying the compensation of:
4-45 (A) a state officer or employee; or
4-46 (B) an individual whose compensation is being
4-47 paid by a private person through the agency.
4-48 SECTION 15. Subsection (c), Section 481.0841, Government
4-49 Code, is amended to read as follows:
4-50 (c) This section does not prohibit the comptroller from
4-51 issuing a warrant or initiating an electronic funds transfer to pay
4-52 the compensation of:
4-53 (1) a state officer or employee; or
4-54 (2) an individual whose compensation is being paid by
4-55 a private person through a state agency.
4-56 SECTION 16. Subdivision (4), Subsection (d), Section
4-57 481.0841, Government Code, is amended to read as follows:
4-58 (4) This subsection does not prohibit a state agency
4-59 from paying the compensation of:
4-60 (A) a state officer or employee; or
4-61 (B) an individual whose compensation is being
4-62 paid by a private person through the agency.
4-63 SECTION 17. Section 403.252, Government Code, is amended to
4-64 read as follows:
4-65 Sec. 403.252. Exceptions. This subchapter does not apply
4-66 to:
4-67 (1) state agency funds located completely outside the
4-68 state treasury;
4-69 (2) the petty cash accounts maintained by the Texas
4-70 Department of Mental Health and Mental Retardation under Section
5-1 533.037(d)(4), Health and Safety Code; <2.17(b)(3), Texas Mental
5-2 Health and Mental Retardation Act (Article 5547-202, Vernon's Texas
5-3 Civil Statutes); or>
5-4 (3) imprest funds kept by enforcement agencies for the
5-5 purchase of evidence or other enforcement purposes; or
5-6 (4) petty cash accounts expressly provided for by the
5-7 legislature in the General Appropriations Act.
5-8 SECTION 18. Sections 662.001, 662.005, and 662.006,
5-9 Government Code, are amended to read as follows:
5-10 Sec. 662.001. DEFINITIONS. In this subchapter:
5-11 (1) "Part-time state employee" means a state employee
5-12 who normally works fewer <less> than 40 hours each week.
5-13 (2) "State agency" means a unit of state government,
5-14 including a state board, commission, council, department,
5-15 committee, agency, or office that was created by the constitution
5-16 or a statute of this state and is in any branch of state
5-17 government. The term does not include a local government, a river
5-18 authority, a special district, any other political subdivision, or
5-19 an institution of higher education as defined by Section 61.003,
5-20 Education Code.
5-21 (3) "State employee" means an employee of a state
5-22 agency or an appointed officer of a state agency whose office is
5-23 not created by the state constitution. The term includes a
5-24 part-time, hourly, or temporary state employee.
5-25 (4) "Workday" means a day on which a state employee is
5-26 normally scheduled to work. The term does not include a national
5-27 or state holiday.
5-28 Sec. 662.005. ENTITLEMENT TO PAID DAY OFF. (a) An
5-29 individual who is a <A> state employee on the last workday before
5-30 or the first workday after a national or state holiday, or on both
5-31 workdays, is entitled, except as provided by Section 662.010, to a
5-32 paid day off from working for a state agency <work> on the <each
5-33 national or state> holiday if:
5-34 (1) the holiday <that> does not fall on a Saturday or
5-35 Sunday; and
5-36 (2) the General Appropriations Act does not prohibit
5-37 state agencies from observing the holiday.
5-38 (b) In this <This> section, "state employee":
5-39 (1) includes an individual who uses paid leave from a
5-40 state agency; and
5-41 (2) does not include an individual who uses unpaid
5-42 leave from a state agency <does not apply to a holiday that the
5-43 General Appropriations Act prohibits state agencies from
5-44 observing>.
5-45 Sec. 662.006. OPTIONAL HOLIDAY. (a) An individual who is a
5-46 <A> state employee on the last workday before or the first workday
5-47 after an optional holiday, or on both workdays, is entitled, except
5-48 as provided by Section 662.010, to a paid day off from working for
5-49 a state agency on the <each day of an optional> holiday if:
5-50 (1) the holiday <that> does not fall on a Saturday or
5-51 Sunday;
5-52 (2) <if> the employee agrees to give up, during the
5-53 same fiscal year, a state holiday that:
5-54 (A) does not fall on a Saturday or Sunday; and
5-55 (B) the General Appropriations Act does not
5-56 prohibit state agencies from observing; and
5-57 (3) the General Appropriations Act does not prohibit
5-58 state agencies from observing the optional holiday.
5-59 (b) A state employee is entitled to a paid day off from
5-60 working for a state agency on each day of an optional holiday that
5-61 extends for more than one day if the employee:
5-62 (1) qualifies for the paid day off under Subsection
5-63 (a); and
5-64 (2) agrees to give up an equivalent number of state
5-65 holidays that:
5-66 (A) do not fall on a Saturday or Sunday; and
5-67 (B) the General Appropriations Act does not
5-68 prohibit state agencies from observing.
5-69 (c) A state employee may not agree to give up the Friday
5-70 after Thanksgiving Day or the 24th or 26th day of December.
6-1 SECTION 19. Subsection (a), Section 662.007, Government
6-2 Code, is amended to read as follows:
6-3 (a) A state employee who is required to work on a national
6-4 or state holiday <that does not fall on a Saturday or Sunday> is
6-5 entitled to compensatory time off during the 12 months after the
6-6 holiday if state employees are entitled to a paid day off from
6-7 working for a state agency on the holiday under Section 662.005.
6-8 SECTION 20. Section 662.010, Government Code, is amended to
6-9 read as follows:
6-10 Sec. 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER WORK ENDS.
6-11 (a) An individual who is not a <A> state employee <who begins
6-12 working for a state agency> on the last workday before a state or
6-13 national holiday but who is a state employee on the first workday
6-14 after the holiday may not <of a month is entitled to> be paid for
6-15 the <a state or national> holiday <that occurs before the first
6-16 workday> if it <the holiday:>
6-17 <(1)> occurs during the same month as the last workday
6-18 before the holiday<; and>
6-19 <(2) does not fall on a Saturday or Sunday>.
6-20 (b) An individual who is a <A> state employee <who stops
6-21 working for a state agency> on the last workday before a state or
6-22 national holiday but who is not a state employee on the first
6-23 workday after the holiday may not <of a month is entitled to> be
6-24 paid for the <a state or national> holiday <that occurs after the
6-25 last workday> if it <the holiday:>
6-26 <(1)> occurs before the first workday of a month and
6-27 during that <the> month<; and>
6-28 <(2) does not fall on a Saturday or Sunday>.
6-29 (c) In this section, "state employee":
6-30 (1) includes an individual who uses paid leave from a
6-31 state agency; and
6-32 (2) does not include an individual who uses unpaid
6-33 leave from a state agency <"workday" means a day on which a state
6-34 employee is normally scheduled to work>.
6-35 SECTION 21. Subsections (h) and (i), Section 403.0165,
6-36 Government Code, are amended to read as follows:
6-37 (h) The comptroller may <shall> charge an administrative fee
6-38 to cover the costs incurred as a result of administering this
6-39 section. The administrative <Administrative> fees charged by the
6-40 comptroller shall be paid by each qualifying state employee
6-41 organization on a pro rata basis to be determined by the
6-42 comptroller. The comptroller by rule shall determine the most
6-43 efficient and effective method of collecting the <such
6-44 administrative> fees. <The comptroller shall adopt rules for the
6-45 administration of this section.>
6-46 (i) The comptroller shall adopt rules for the administration
6-47 of this section <allocate the administrative fees on a
6-48 proportional basis to each employing state agency that incurs costs
6-49 in administering this subsection>.
6-50 SECTION 22. Section 659.041, Government Code, is amended to
6-51 read as follows:
6-52 Sec. 659.041. DEFINITIONS. In this subchapter:
6-53 (1) "Appointment" means a job title.
6-54 (2) "Full-time state employee" means:
6-55 (A) a state employee who works in the executive
6-56 or judicial branch of state government, other than for a state
6-57 institution of higher education, and who is normally scheduled to
6-58 work a total of at least 40 hours a week for a single state agency
6-59 <in one position>;
6-60 (B) a state employee who works for a state
6-61 institution of higher education and who is normally scheduled to
6-62 work a total of at least 40 hours a week in one position, as
6-63 determined under Section 659.0411; or
6-64 (C) <(B)> a state employee who works in the
6-65 legislative branch of state government and who is normally
6-66 scheduled to work a total of 40 or more hours a week in all
6-67 positions held in the legislative branch.
6-68 (3) <(2)> "Part-time state employee" means a state
6-69 employee who is not a full-time state employee.
6-70 (4) <(3)> "State employee" means an individual who:
7-1 (A) is covered by Chapter 654;
7-2 (B) holds a line item or exempt position;
7-3 (C) works in a nonacademic position at a state
7-4 institution of higher education at least 20 hours a week for at
7-5 least 4.5 consecutive months; or
7-6 (D) is an hourly employee of the state.
7-7 SECTION 23. Subchapter D, Chapter 659, Government Code, is
7-8 amended by adding Section 659.0411 to read as follows:
7-9 Sec. 659.0411. APPOINTMENTS AT STATE INSTITUTIONS OF HIGHER
7-10 EDUCATION. (a) A state institution of higher education shall
7-11 determine whether a state employee who has more than one
7-12 appointment with the institution holds only one position or holds
7-13 one position for each appointment.
7-14 (b) A board of regents shall determine whether a state
7-15 employee who has an appointment with each of at least two state
7-16 institutions of higher education under the board's jurisdiction
7-17 holds only one position or holds one position for each appointment.
7-18 (c) A state employee who has an appointment with each of at
7-19 least two state institutions of higher education holds more than
7-20 one position if those institutions are not governed by the same
7-21 board of regents.
7-22 SECTION 24. Section 2, Article 6813h, Revised Statutes, is
7-23 amended to read as follows:
7-24 Sec. 2. DEDUCTION AUTHORIZED. (a) A <An employee of a>
7-25 state employee <agency> may authorize a deduction each pay period
7-26 from the employee's salary or wage payment for a contribution. The
7-27 comptroller by rule may establish a reasonable minimum deduction
7-28 for each pay period.
7-29 (b) Except as provided by Subsections (c), (d), and (e), a
7-30 state employee may authorize a deduction only during a state
7-31 employee charitable campaign.
7-32 (c) A state employee who begins working for the state when a
7-33 campaign is not being conducted may authorize a deduction according
7-34 to the comptroller's requirements.
7-35 (d) A state employee who works for a state agency that does
7-36 not allow deduction authorizations because of Subsection (j) of
7-37 this section may authorize a deduction that is effective with the
7-38 first full payroll period after the agency is converted to a system
7-39 in which uniform statewide payroll procedures are followed.
7-40 (e) A state employee who works for a state agency that does
7-41 not allow deduction authorizations because of Subsection (j) of
7-42 this section may authorize a deduction after transferring from that
7-43 agency to:
7-44 (1) a state agency that allows deduction
7-45 authorizations even though it may prohibit them under Subsection
7-46 (j); or
7-47 (2) a state agency not covered by Subsection (j).
7-48 (f) A state employee who authorized a deduction while
7-49 working for a state agency may continue the deduction after
7-50 transferring to another state agency if the comptroller's rules for
7-51 continuing the deduction are followed.
7-52 (g) An authorization shall direct the comptroller to
7-53 distribute the deducted funds to participating federations or funds
7-54 and local campaign managers as prescribed by rule.
7-55 (h) <(c)> An authorization may designate an eligible
7-56 charitable organization to receive the deductions. If an
7-57 authorization does not designate an eligible charitable
7-58 organization, the employee's deductions shall be distributed to
7-59 each participating federation or fund and eligible local charitable
7-60 organization in the proportion that the deductions designated for
7-61 that charitable organization bear to the total of designated
7-62 deductions in the local state employee charitable campaign.
7-63 (i) <(d)> A deduction under this article must be in the form
7-64 prescribed by the comptroller.
7-65 (j) <(e)> A state agency other than an institution of higher
7-66 education is not required to permit employees to authorize a
7-67 deduction under this article until the first full payroll period
7-68 after the agency is converted to a system in which uniform
7-69 statewide payroll procedures are followed.
7-70 SECTION 25. Section 3, Article 6813h, Revised Statutes, is
8-1 amended to read as follows:
8-2 Sec. 3. Duration of Deduction. (a) A deduction under this
8-3 article begins on the date designated by the comptroller by rule.
8-4 (b) A deduction authorization under this article is
8-5 effective for a maximum of one campaign year and, unless revoked or
8-6 changed under Subsection (c) of this section, ends on<:>
8-7 <(1) the first anniversary of> the date designated by
8-8 the comptroller by rule <it begins; or>
8-9 <(2) the effective date of a revocation of or change
8-10 in the authorization by the employee>.
8-11 (c) <(b)> A state employee may revoke or change a deduction
8-12 <an> authorization by giving notice to the employing state agency.
8-13 The notice must be in the form and manner prescribed by the
8-14 comptroller. A state employee may not change the eligible
8-15 charitable organization designated to receive the employee's
8-16 deductions. A revocation or change takes effect on the date
8-17 designated <when it is approved> by the comptroller by rule.
8-18 SECTION 26. Subsection (d), Section 13, Article 6813h,
8-19 Revised Statutes, is amended to read as follows:
8-20 (d) Except as provided by this subsection, the <The>
8-21 comptroller shall charge an administrative fee to cover costs
8-22 incurred by the comptroller and employing state agencies in the
8-23 implementation of this article to the charitable organizations
8-24 participating in the first state employee charitable campaign
8-25 conducted under this article in the same proportion that the
8-26 contributions to that charitable organization bear to the total of
8-27 contributions in that campaign. Except as provided by this
8-28 subsection, the <The> comptroller shall charge an administrative
8-29 fee to cover costs incurred by the comptroller and employing state
8-30 agencies in the administration of this article to the charitable
8-31 organizations in each subsequent state employee charitable campaign
8-32 in the same proportion that the contributions to that charitable
8-33 organization bear to the total of contributions in that campaign.
8-34 The comptroller may decline to charge an administrative fee if the
8-35 comptroller determines the costs that would be covered by the fee
8-36 are insignificant. The comptroller shall determine the most
8-37 efficient and effective method of collecting the administrative fee
8-38 and shall adopt rules for the implementation of this section.
8-39 SECTION 27. Chapter 659, Government Code, is amended by
8-40 adding Subchapter G to read as follows:
8-41 SUBCHAPTER G. SUPPLEMENTAL DEDUCTIONS
8-42 Sec. 659.101. DEFINITION. In this subchapter, "state agency"
8-43 means a department, commission, board, office, or other agency of
8-44 any branch of state government, including an institution of higher
8-45 education as defined by Section 61.003, Education Code.
8-46 Sec. 659.102. DEDUCTION FOR SUPPLEMENTAL OPTIONAL BENEFITS
8-47 PROGRAM. (a) An employee of a state agency may authorize in
8-48 writing a deduction each pay period from the employee's salary or
8-49 wage payment for coverage of the employee under an eligible
8-50 supplemental optional benefits program.
8-51 (b) The Employees Retirement System of Texas shall designate
8-52 supplemental optional benefits programs that are eligible under
8-53 this section and that promote the interests of the state and state
8-54 agency employees.
8-55 (c) The supplemental optional benefits program may include
8-56 permanent life insurance, catastrophic illness insurance,
8-57 disability insurance, or prepaid legal services.
8-58 Sec. 659.103. DEDUCTION TO CREDIT UNION. (a) An employee
8-59 of a state agency may authorize in writing a deduction each pay
8-60 period from the employee's salary or wage payment for payment to a
8-61 credit union to be credited to a share or deposit account of the
8-62 employee.
8-63 (b) A designation by the Employees Retirement System of
8-64 Texas is not necessary for a deduction under this section.
8-65 Sec. 659.104. AUTHORIZATION. (a) An authorization for a
8-66 deduction under this subchapter must direct the comptroller or, if
8-67 applicable, the appropriate financial officer of an institution of
8-68 higher education to transfer the withheld funds to the program or
8-69 credit union designated by the employee.
8-70 (b) The comptroller or financial officer shall comply with
9-1 the direction.
9-2 Sec. 659.105. FORM AND MANNER. A deduction under this
9-3 subchapter must be made in a form and manner prescribed by the
9-4 comptroller or the appropriate financial officer of an institution
9-5 of higher education.
9-6 Sec. 659.106. DURATION. (a) An employee authorizing a
9-7 deduction under this subchapter or a person designated by the
9-8 employee may change or revoke the authorization by delivering
9-9 written notice of the change or revocation to the comptroller or
9-10 the appropriate financial officer of an institution of higher
9-11 education.
9-12 (b) An authorization is effective until the comptroller or
9-13 financial officer receives the notice.
9-14 (c) The notice must be given in the form and manner
9-15 prescribed by the comptroller or financial officer.
9-16 Sec. 659.107. AUTHORIZATION VOLUNTARY. The making of an
9-17 authorization for a deduction under this subchapter by the employee
9-18 is voluntary.
9-19 Sec. 659.108. WITHHOLDING OF ADMINISTRATIVE FEE. (a) The
9-20 state may withhold from the employee's salary or wage payment an
9-21 administrative fee for making a deduction under this subchapter.
9-22 (b) An institution of higher education that is authorized to
9-23 operate a payroll system reimbursable from the state treasury may
9-24 withhold from the employee's salary or wage payment an
9-25 administrative fee for making the deduction under this subchapter.
9-26 (c) The administrative fee may not exceed the lower of the
9-27 actual administrative cost of making the deduction or the highest
9-28 fee charged by the state or institution, as appropriate, for making
9-29 another similar deduction.
9-30 Sec. 659.109. ALLOCATION AND APPROPRIATION OF ADMINISTRATIVE
9-31 FEES. (a) The state shall allocate and pay to each state agency
9-32 that incurs costs in administering this subchapter the agency's
9-33 proportional amount of the administrative fees collected by the
9-34 state under this subchapter.
9-35 (b) An administrative fee withheld under this subchapter may
9-36 be used, without further appropriation, by the comptroller and the
9-37 state agencies incurring costs in administering this subchapter.
9-38 Sec. 659.110. RULES. The comptroller may adopt rules to
9-39 administer the credit union deduction program authorized by this
9-40 subchapter.
9-41 SECTION 28. Section 659.062, Government Code, is amended by
9-42 adding Subsection (e) to read as follows:
9-43 (e) The comptroller may establish procedures and adopt rules
9-44 to administer this section.
9-45 SECTION 29. Subchapter B, Chapter 661, Government Code, is
9-46 amended by adding Section 661.038 to read as follows:
9-47 Sec. 661.038. RULES. The comptroller may establish
9-48 procedures and adopt rules to administer this subchapter.
9-49 SECTION 30. Subchapter C, Chapter 661, Government Code, is
9-50 amended by adding Section 661.068 to read as follows:
9-51 Sec. 661.068. RULES. The comptroller may establish
9-52 procedures and adopt rules to administer this subchapter.
9-53 SECTION 31. Subchapter D, Chapter 661, Government Code, is
9-54 amended by adding Section 661.094 to read as follows:
9-55 Sec. 661.094. RULES. The comptroller may establish
9-56 procedures and adopt rules to administer this subchapter.
9-57 SECTION 32. Subchapter A, Chapter 662, Government Code, is
9-58 amended by adding Section 662.012 to read as follows:
9-59 Sec. 662.012. RULES. The comptroller may establish
9-60 procedures and adopt rules to administer Sections 662.001 through
9-61 662.010.
9-62 SECTION 33. Section 24.006, Government Code, is amended to
9-63 read as follows:
9-64 Sec. 24.006. Salary of Special Judge. (a) In this section:
9-65 (1) "Holiday" means a state or national holiday as
9-66 defined by Section 662.003 that does not fall on a Saturday or
9-67 Sunday and that the General Appropriations Act does not prohibit
9-68 state agencies from observing.
9-69 (2) "Workday" means any day other than Saturday or
9-70 Sunday. The term includes a holiday.
10-1 (b) This section applies to payment of salary to:
10-2 (1) a special judge commissioned by the governor as
10-3 provided by Article V, Section 11, of the Texas Constitution; and
10-4 (2) a special judge agreed on by the parties as
10-5 provided by Section 24.004.
10-6 (c) <(b)> Each special judge is entitled to receive for each
10-7 day served as a special judge the same daily salary that a district
10-8 judge receives.
10-9 (d) <(c)> A special judge commissioned by the governor is
10-10 also entitled to receive the same daily salary that a district
10-11 judge receives for each day necessary for the special judge to
10-12 travel to and from the court.
10-13 (e) If a special judge serves as a judge or is traveling to
10-14 or from the court for only part of a day, the judge is considered
10-15 for the purposes of this section to have served or traveled for the
10-16 entire day.
10-17 (f) A special judge who serves before or after a holiday but
10-18 who does not work on the holiday is entitled to receive a salary
10-19 for the holiday if the judge would be entitled to be paid for the
10-20 holiday under Subchapter A, Chapter 662, if the judge were a state
10-21 employee under that subchapter.
10-22 (g) For the purpose of computing the daily salary of a
10-23 special judge, the <(d) The> daily salary of a district judge is
10-24 determined by:
10-25 (1) dividing the annual salary of a district judge by
10-26 12 months; and
10-27 (2) dividing the monthly salary computed under
10-28 Subdivision (1) by the number of workdays in the month in which the
10-29 special judge serves as a judge or travels to or from the court
10-30 <365>.
10-31 (h) Before the comptroller may pay the salary of <(e) In
10-32 order to obtain his salary,> a special judge commissioned by the
10-33 governor, the special judge must present the judge's <his> sworn
10-34 account to the comptroller showing the number of travel days that
10-35 were necessary. The judge must also give the comptroller evidence
10-36 that the judge was duly commissioned. The account must be
10-37 certified as correct by the judge of the district or by the court
10-38 clerk of the court in which the special judge <he> served.
10-39 (i) <(f)> A special judge agreed on by the parties or
10-40 elected by the practicing lawyers shall be paid on presenting to
10-41 the comptroller the certificate of the clerk of the court in which
10-42 the judge <he> served and the judge's sworn account. The clerk's
10-43 certificate must show the record of the judge's election or
10-44 appointment and must show that the judge performed services in the
10-45 court. The judge's sworn account must show the number of days that
10-46 the judge <he> served as the special judge.
10-47 SECTION 34. Section 32.302, Government Code, is amended to
10-48 read as follows:
10-49 Sec. 32.302. Salary of Special Judges. (a) In this
10-50 section:
10-51 (1) "Holiday" means a state or national holiday as
10-52 defined by Section 662.003 that does not fall on a Saturday or
10-53 Sunday and that the General Appropriations Act does not prohibit
10-54 state agencies from observing.
10-55 (2) "Workday" means any day other than Saturday or
10-56 Sunday. The term includes a holiday.
10-57 (b) The salary of a special judge commissioned by the
10-58 governor under Article V, Section 11, of the Texas Constitution or
10-59 elected by practicing lawyers or agreed on by parties as provided
10-60 by law is determined and paid in accordance with this section.
10-61 (c) <(b)> The special judge is entitled to the same salary
10-62 as a district judge for every day the special judge performs the
10-63 duties of judge. In addition, a special judge commissioned by the
10-64 governor is entitled to the same pay as a district judge for each
10-65 day the special judge is necessarily occupied going to and
10-66 returning from the place the judge is required to hold court.
10-67 (d) If a special judge serves as a judge or is traveling to
10-68 or returning from the place the judge is required to hold court for
10-69 only part of a day, the judge is considered for the purposes of
10-70 this section to have served, traveled, or returned for the entire
11-1 day.
11-2 (e) A special judge who serves before or after a holiday but
11-3 who does not work on the holiday is entitled to receive a salary
11-4 for the holiday if the judge would be entitled to be paid for the
11-5 holiday under Subchapter A, Chapter 662, if the judge were a state
11-6 employee under that subchapter.
11-7 (f) For the purpose of computing the daily salary of a
11-8 <(c) The amount of the> special judge, the <judge's> daily salary
11-9 of a district judge is determined by:
11-10 (1) dividing the annual salary of a district judge by
11-11 12 months; and
11-12 (2) dividing the monthly salary computed under
11-13 Subdivision (1) by the number of workdays in the month in which the
11-14 special judge serves as a judge or travels to or returns from the
11-15 place the judge is required to hold court <365>.
11-16 (g) <(d)> A special judge commissioned by the governor must
11-17 present a sworn account to the comptroller of public accounts. The
11-18 account must show the number of days necessarily occupied in going
11-19 to and coming from the place the special judge was required to hold
11-20 court and must be accompanied by evidence that the special judge
11-21 was properly commissioned. The account must be certified to be
11-22 correct by the judge or clerk of the judicial district in which the
11-23 special judge performed services.
11-24 (h) <(e)> A special judge elected by practicing lawyers or
11-25 agreed to by parties must present to the comptroller of public
11-26 accounts a certificate of the clerk of the judicial district in
11-27 which the special judge performed services showing the record of
11-28 the election or appointment and the services rendered. The
11-29 certificate must be accompanied by the sworn account of the special
11-30 judge showing the number of days actually served as judge.
11-31 SECTION 35. Section 74.061, Government Code, is amended to
11-32 read as follows:
11-33 Sec. 74.061. Compensation While Assigned. (a) In this
11-34 section:
11-35 (1) "Holiday" means a state or national holiday as
11-36 defined by Section 662.003 that does not fall on a Saturday or
11-37 Sunday and that the General Appropriations Act does not prohibit
11-38 state agencies from observing.
11-39 (2) "Workday" means any day other than Saturday or
11-40 Sunday. The term includes a holiday.
11-41 (b) The salary, compensation, and expenses of a judge or
11-42 justice while assigned under this chapter shall be paid in
11-43 accordance with this chapter and other law of this state.
11-44 (c) <(b)> While serving in a county outside the judge's
11-45 <his> judicial district or county, a judge is entitled to receive,
11-46 in addition to the judge's <his> necessary expenses, additional
11-47 compensation from the county to which the judge <he> is assigned in
11-48 an amount not to exceed the difference between the compensation of
11-49 the assigned judge from all sources, exclusive of the per diem
11-50 provided by Subsection (o) <(f)>, and the compensation received
11-51 from all sources by the judge of the court to which the judge <he>
11-52 is assigned. The county shall pay the compensation provided by
11-53 this subsection on approval of the presiding judge of the
11-54 administrative region in which the court to which the judge is
11-55 assigned is located.
11-56 (d) <(c)> The salary of a retired judge or justice while
11-57 assigned under this chapter shall be paid out of money appropriated
11-58 from the general revenue fund for that purpose <in an amount equal
11-59 to the compensation received from state and county sources of the
11-60 judge of the court to which he is assigned>.
11-61 (e) For each day that <The salary of> a retired judge or
11-62 justice serves on assignment, the judge or justice is entitled to a
11-63 salary in an amount equal to the daily salary paid from state and
11-64 county sources to the judge of the court to which the retired judge
11-65 or justice is <while> assigned <shall be determined pro rata for
11-66 the period of time that the judge or justice actually sits as the
11-67 assigned judge>. Notwithstanding anything in this section, the
11-68 salary paid to a retired judge or justice during a calendar month
11-69 may not exceed the salary paid for that month to the judge of the
11-70 court to which the retired judge or justice is assigned.
12-1 (f) If a retired judge or justice sits on assignment for
12-2 only part of a day, then the judge or justice is considered for the
12-3 purposes of this section to have sat on assignment for the entire
12-4 day.
12-5 (g) A retired judge or justice who sits on assignment before
12-6 or after a holiday but who does not work on the holiday is entitled
12-7 to receive a salary for the holiday if the judge or justice would
12-8 be entitled to be paid for the holiday under Subchapter A, Chapter
12-9 662, if the judge or justice were a state employee under that
12-10 subchapter. This subsection applies even if the judge or justice
12-11 sits in an administrative region after a holiday that is different
12-12 from the region in which the judge or justice sat before the
12-13 holiday.
12-14 (h) For the purpose of computing the daily salary of a
12-15 retired judge or justice, the daily salary of a district judge is
12-16 determined by:
12-17 (1) dividing the annual salary of the district judge
12-18 by 12 months; and
12-19 (2) dividing the monthly salary computed under
12-20 Subdivision (1) by the number of workdays in the month in which the
12-21 retired judge or justice sits on assignment.
12-22 (i) <(d)> For each day that <services actually performed
12-23 while assigned under this chapter,> a former judge or justice
12-24 serves on assignment, the judge or justice is entitled to a salary
12-25 in an amount equal to the daily salary paid <shall receive> from
12-26 state and county sources to <funds and money appropriated by the
12-27 legislature the same amount of salary, compensation, and expenses
12-28 that> the regular judge of the court to which the former judge or
12-29 justice is assigned <is entitled to receive from the county and
12-30 from the state for those services>. Notwithstanding anything in
12-31 this section, the salary paid to a former judge or justice during a
12-32 calendar month may not exceed the salary paid for that month to the
12-33 regular judge of the court to which the former judge or justice is
12-34 assigned.
12-35 (j) The state's share of a former judge or justice's salary
12-36 is the same as the state's share of the regular judge's salary.
12-37 The county's share of the former judge or justice's salary is the
12-38 same as the county's share of the regular judge's salary. The
12-39 presiding judge of the administrative region to which the former
12-40 judge or justice is assigned shall certify to the county and the
12-41 state the services rendered under this chapter by the <a> former
12-42 judge or justice and the share to be paid by the state. The amount
12-43 certified by the presiding judge as the state's share shall be paid
12-44 from an item in the Judiciary <Judicial> Section--Comptroller's
12-45 Department of the General Appropriations Act for the payment of
12-46 salaries of district and criminal district judges.
12-47 (k) If a former judge or justice sits on assignment for only
12-48 part of a day, the judge or justice is considered for the purposes
12-49 of this section to have sat on assignment for the entire day.
12-50 (l) A former judge or justice who sits on assignment before
12-51 or after a holiday but who does not work on the holiday is entitled
12-52 to receive a salary for the holiday if the judge or justice would
12-53 be entitled to be paid for the holiday under Subchapter A, Chapter
12-54 662, if the judge or justice were a state employee under that
12-55 subchapter. This subsection applies even if the judge or justice
12-56 sits in an administrative region after a holiday that is different
12-57 from the region in which the judge or justice sat before the
12-58 holiday.
12-59 (m) For the purpose of computing the daily salary of a
12-60 former judge or justice, the daily salary of a district judge is
12-61 determined by:
12-62 (1) dividing the annual salary of the district judge
12-63 by 12 months; and
12-64 (2) dividing the monthly salary computed under
12-65 Subdivision (1) by the number of workdays in the month in which the
12-66 former judge or justice sits on assignment.
12-67 (n) <(e)> When a district, constitutional county, or
12-68 statutory county court judge is assigned under this chapter to a
12-69 court outside the judge's <his> own district or county, the judge,
12-70 in addition to all other compensation authorized by law, is
13-1 entitled to receive the judge's <his> actual expenses in going to
13-2 and returning from the judge's <his> assignment and the judge's
13-3 <his> actual living expenses while in the performance of the
13-4 judge's <his> duties under the assignment. The county in which the
13-5 duties are performed shall pay the expenses out of the general fund
13-6 of the county on accounts certified and approved by the presiding
13-7 judge of the administrative region for that county.
13-8 (o) <(f)> When a district, constitutional county, or
13-9 statutory county court judge is assigned under this chapter to a
13-10 court outside the judge's <his> own district or county, the judge,
13-11 in addition to all other compensation and expenses authorized by
13-12 law, is entitled to receive a per diem of $25 for each day or
13-13 fraction of a day that the judge spends outside the judge's <his>
13-14 district or county in the performance of the judge's <his> duties
13-15 under the assignment. The state shall pay the per diem in the same
13-16 manner that it pays the judge's salary on certificates of approval
13-17 by the chief justice or the presiding judge of the administrative
13-18 region in which the judge resides.
13-19 (p) <(g)> An active court of appeals justice assigned under
13-20 this subchapter is not entitled to receive any additional
13-21 compensation for serving as a visiting judge. If the justice is
13-22 assigned to a court outside the justice's <his> own court of
13-23 appeals district, the justice is entitled to receive actual
13-24 expenses in going to and returning from assignment and actual
13-25 living expenses while in the performance of duties under the
13-26 assignment. The county in which the duties are performed shall pay
13-27 the expenses out of the county's general fund on accounts certified
13-28 and approved by the presiding judge of the administrative region
13-29 for that county.
13-30 SECTION 36. Subchapter B, Chapter 659, Government Code, is
13-31 amended by adding Section 659.0121 to read as follows:
13-32 Sec. 659.0121. COMPUTATION OF DISTRICT JUDGE'S SALARY.
13-33 (a) In this section:
13-34 (1) "Holiday" means a state or national holiday as
13-35 defined by Section 662.003 that does not fall on a Saturday or
13-36 Sunday and that the General Appropriations Act does not prohibit
13-37 state agencies from observing.
13-38 (2) "Workday" means any day other than Saturday or
13-39 Sunday. The term includes a holiday.
13-40 (b) This section applies to the salary that the judge of a
13-41 district court earns during a calendar month if the judge serves
13-42 for less than the entire month.
13-43 (c) The judge's salary for the month is equal to the number
13-44 of hours served multiplied by the amount of the judge's salary,
13-45 expressed as an hourly rate.
13-46 (d) The hourly rate of the judge's salary is determined by
13-47 dividing the judge's annual salary by the product of:
13-48 (1) 96; and
13-49 (2) the number of workdays in the month.
13-50 (e) The judge receives eight hours of service credit for
13-51 each complete workday served, regardless of the number of hours
13-52 actually served during that workday. If the judge serves at least
13-53 eight hours on a workday, the judge receives eight hours of service
13-54 credit for that workday even if the judge's successor begins
13-55 service on the same workday. The successor receives no hours of
13-56 service credit for that workday.
13-57 (f) The judge receives eight hours of service credit for a
13-58 holiday if the judge would be entitled to be paid for the holiday
13-59 under Subchapter A, Chapter 662, if the judge were a state employee
13-60 under that subchapter. The judge receives the credit even if the
13-61 judge does not serve on the holiday.
13-62 SECTION 37. Subdivisions (1) and (3), Section 661.061,
13-63 Government Code, are amended to read as follows:
13-64 (1) "National holiday" includes only those days listed
13-65 under Section 662.003(a). The term does not include a national
13-66 holiday on which a state employee is not entitled to a paid day off
13-67 from work under Section 662.005.
13-68 (3) "State holiday" includes only those days listed
13-69 under Section 662.003(b). The term does not include a state
13-70 holiday on which a state employee is not entitled to a paid day off
14-1 from work under Section 662.005.
14-2 SECTION 38. Subsection (b), Section 661.062, Government
14-3 Code, is amended to read as follows:
14-4 (b) A separation from state employment includes a separation
14-5 in which the employee:
14-6 (1) leaves one state agency to begin working for
14-7 another state agency, if one or more workdays occur between the two
14-8 employments;
14-9 (2) moves from a position in a state agency that
14-10 accrues vacation time to a position in that agency that does not
14-11 accrue vacation time, if the agency agrees to pay the employee for
14-12 the accrued balance of the employee's vacation time;
14-13 (3) moves from a position in a state agency that
14-14 accrues vacation time to a position in another state agency that
14-15 does not accrue vacation time, if the other state agency refuses to
14-16 credit the employee for the balance of the employee's vacation time
14-17 as of the date of the move;
14-18 (4) moves from a position in a state agency that does
14-19 not accrue vacation time to a position in another state agency that
14-20 does not accrue vacation time, if the other state agency is not
14-21 authorized or refuses to credit the employee for the balance of the
14-22 employee's vacation time as of the date of the move; or
14-23 (5) holds two or more positions, and separates from
14-24 one that accrues vacation time.
14-25 SECTION 39. Section 661.063, Government Code, is amended to
14-26 read as follows:
14-27 Sec. 661.063. Computation of Payment. (a) Except as
14-28 provided by Subsection (b), the <The> payment to a state employee
14-29 under this subchapter shall be computed by multiplying the
14-30 employee's rate of compensation on the date of separation from
14-31 state employment by the total number of hours of vacation time
14-32 determined under Section 661.064.
14-33 (b) The payment under this subchapter to a state employee
14-34 who separates from state employment while holding a position that
14-35 does not accrue vacation time shall be computed according to this
14-36 subsection. The employee's final rate of compensation in the last
14-37 position held that accrues vacation time shall be multiplied by the
14-38 employee's total number of hours of vacation time determined under
14-39 Section 661.064.
14-40 (c) Under this section, rate of compensation:
14-41 (1) includes an emolument in lieu of base pay for
14-42 which the state employee was eligible <on the last day of
14-43 employment>; and
14-44 (2) does not include longevity or hazardous duty pay.
14-45 SECTION 40. Section 661.064, Government Code, is amended by
14-46 amending Subsection (a) and adding Subsection (c) to read as
14-47 follows:
14-48 (a) This subsection applies except as provided by Subsection
14-49 (c). For a state employee who on the date of separation is
14-50 normally scheduled to work at least 40 hours a week, eight hours
14-51 are to be added to the employee's accrued vacation time for each
14-52 state or national holiday that is scheduled to fall within the
14-53 period after the date of separation and during which the employee
14-54 could have used the time. To determine the period during which
14-55 vacation time could have been used and the number of state or
14-56 national holidays, the employee's vacation time is allocated over
14-57 the workdays after the employee's separation and eight hours are
14-58 added as a state or national holiday occurs during the period.
14-59 (c) This subsection applies only to a state employee who is
14-60 paid under this subchapter because the separation from state
14-61 employment involves a move to a position in a state agency that
14-62 does not accrue vacation time. No hours may be added to the
14-63 employee's accrued vacation time for a state or national holiday
14-64 that is scheduled to fall within the period after the date of
14-65 separation and during which the employee could have used the time.
14-66 SECTION 41. Subchapter A, Chapter 662, Government Code, is
14-67 amended by adding Section 662.0071 to read as follows:
14-68 Sec. 662.0071. TRANSFERS OF COMPENSATORY TIME BALANCES.
14-69 (a) A state agency shall accept the balance of compensatory time
14-70 accrued under Section 662.007 by a state employee who transfers to
15-1 that agency from another state agency if the employee transfers as
15-2 a direct result of:
15-3 (1) the legislature's transfer of legal authority or
15-4 duties from the agency that formerly employed the employee to the
15-5 agency that now employs the employee; or
15-6 (2) a requirement of the State Council on Competitive
15-7 Government for the agency that formerly employed the employee to
15-8 bid a commercially available service that the agency previously
15-9 performed.
15-10 (b) Subsection (a) does not apply if the transferring state
15-11 employee is required to apply for the new position.
15-12 (c) In this section, "bid" means any process developed by
15-13 the State Council on Competitive Government to provide a
15-14 commercially available service in competition with private
15-15 commercial sources or state agency providers.
15-16 SECTION 42. The following laws are repealed:
15-17 (1) Subsection (j), Section 403.0165, Government Code;
15-18 and
15-19 (2) Section 1, Chapter 922, Acts of the 73rd
15-20 Legislature, 1993.
15-21 SECTION 43. This Act takes effect immediately, except:
15-22 (1) Sections 1 through 8, 10, 33 through 41, 44, and
15-23 45, which take effect September 1, 1995; and
15-24 (2) Sections 18, 19, and 20, which take effect
15-25 September 1, 1995, if this Act does not receive the votes required
15-26 by Section 39, Article III, Texas Constitution, for immediate
15-27 effect.
15-28 SECTION 44. The changes in law made by Sections 33, 34, 35,
15-29 and 36 of this Act do not apply to salary or compensation earned by
15-30 a special judge, by a retired or former judge or justice, or by a
15-31 judge of a district court before the effective date of this Act.
15-32 That salary and compensation are governed by the law in effect at
15-33 the time they were earned, and that law is continued in effect for
15-34 that purpose.
15-35 SECTION 45. The changes in law made by Sections 38 and 39 of
15-36 this Act do not apply to a separation from state employment that
15-37 occurs before the effective date of this Act. That separation is
15-38 governed by the law in effect at the time of the separation, and
15-39 the former law is continued in effect for that purpose.
15-40 SECTION 46. The importance of this legislation and the
15-41 crowded condition of the calendars in both houses create an
15-42 emergency and an imperative public necessity that the
15-43 constitutional rule requiring bills to be read on three several
15-44 days in each house be suspended, and this rule is hereby suspended,
15-45 and that this Act take effect and be in force according to its
15-46 terms, and it is so enacted.
15-47 * * * * *