74R12204 DRH-D
          By Ellis                                               S.B. No. 861
          Substitute the following for S.B. No. 861:
          By Munoz                                           C.S.S.B. No. 861
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to leaves of absence for certain deputy sheriffs.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 85, Local Government Code,
    1-5  is amended by adding Section 85.007 to read as follows:
    1-6        Sec. 85.007.  LEAVES OF ABSENCE FOR CERTAIN DEPUTY SHERIFFS.
    1-7  (a)  This section applies only to a sheriff's department in a
    1-8  county with a population of 2.8 million or more.
    1-9        (b)  A deputy sheriff may apply for leave under this section
   1-10  if the deputy submits an application not later than the 30th day
   1-11  before the day the leave is to begin.  The application must:
   1-12              (1)  indicate the length of time the requested leave
   1-13  covers;
   1-14              (2)  include an agenda of activities the deputy intends
   1-15  to perform during the leave; and
   1-16              (3)  include a statement signed by the deputy
   1-17  indicating that the deputy will reimburse the sheriff's department
   1-18  for all costs incurred by the department as a result of the leave,
   1-19  including wages and pensions.
   1-20        (c)  Not later than the 30th day after the date a sheriff
   1-21  receives a request under Subsection (b), the department shall
   1-22  inform the deputy of the actual costs described by Subsection
   1-23  (b)(3).  The sheriff may require the deputy sheriff to provide the
   1-24  money before the leave is granted.
    2-1        (d)  If a sheriff determines that granting a leave under this
    2-2  section will result in having an insufficient number of deputies of
    2-3  the same rank to carry out the normal functions of the department,
    2-4  another deputy of equal rank may volunteer to exchange time of work
    2-5  with the applicant if overtime does not result.
    2-6        (e)  The sheriff shall allow a volunteer under Subsection (d)
    2-7  to work for the applicant and shall grant the leave, if overtime
    2-8  will not result and if the volunteer work will result in having a
    2-9  sufficient number of employees.
   2-10        (f)  At the option of the deputies, a volunteer under
   2-11  Subsection (d) may receive cash from a county employee organization
   2-12  on behalf of the deputy taking leave under this section in lieu of
   2-13  an exchange of time of work.
   2-14        (g)  Leave under this section is not a break in service for
   2-15  any purpose and is treated as any other paid leave.
   2-16        (h)  A sheriff may grant a deputy paid leave under this
   2-17  section.
   2-18        SECTION 2.  This Act takes effect September 1, 1995.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.