By:  Ellis                                             S.B. No. 861
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to leaves of absence for certain deputy sheriffs.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subchapter A, Chapter 85, Local Government Code,
    1-4  is amended by adding Section 85.007 to read as follows:
    1-5        Sec. 85.007.  LEAVES OF ABSENCE FOR CERTAIN DEPUTY SHERIFFS.
    1-6  (a)  This section applies only to a sheriff's department in a
    1-7  county with a population of 2.8 million or more.
    1-8        (b)  If a sufficient number of deputy sheriffs of the same
    1-9  rank are available to carry out the normal functions of the
   1-10  sheriff's department, a deputy sheriff may not on application be
   1-11  refused a reasonable leave of absence to attend a police school,
   1-12  convention, or meeting if the purpose of the school, convention, or
   1-13  meeting is to secure a more efficient department and better working
   1-14  conditions for department personnel.
   1-15        (c)  If a sheriff determines that granting a leave under
   1-16  Subsection (b) will result in having an insufficient number of
   1-17  deputies of the same rank to carry out the normal functions of the
   1-18  department, another deputy of equal rank may volunteer to exchange
   1-19  time of work with the applicant if overtime does not result.
   1-20        (d)  The sheriff shall allow a volunteer under Subsection (c)
   1-21  to work for the applicant and shall grant the leave, if overtime
   1-22  will not result and if the volunteer work will result in having a
   1-23  sufficient number of employees.
   1-24        (e)  At the option of the deputies, a volunteer under
    2-1  Subsection (c) may receive cash from or on behalf of the deputy
    2-2  taking leave under this section in lieu of an exchange of time of
    2-3  work.
    2-4        (f)  Leave under this section is not a break in service for
    2-5  any purpose and is treated as any other paid leave.
    2-6        (g)  A sheriff may grant a deputy paid leave under this
    2-7  section.
    2-8        SECTION 2.  This Act takes effect September 1, 1995.
    2-9        SECTION 3.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.