1-1  By:  Ellis                                             S.B. No. 861
    1-2        (In the Senate - Filed March 1, 1995; March 2, 1995, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; April 5, 1995, reported favorably by the following vote:
    1-5  Yeas 10, Nays 0; April 5, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to leaves of absence for certain deputy sheriffs.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Subchapter A, Chapter 85, Local Government Code,
   1-11  is amended by adding Section 85.007 to read as follows:
   1-12        Sec. 85.007.  LEAVES OF ABSENCE FOR CERTAIN DEPUTY SHERIFFS.
   1-13  (a)  This section applies only to a sheriff's department in a
   1-14  county with a population of 2.8 million or more.
   1-15        (b)  If a sufficient number of deputy sheriffs of the same
   1-16  rank are available to carry out the normal functions of the
   1-17  sheriff's department, a deputy sheriff may not on application be
   1-18  refused a reasonable leave of absence to attend a police school,
   1-19  convention, or meeting if the purpose of the school, convention, or
   1-20  meeting is to secure a more efficient department and better working
   1-21  conditions for department personnel.
   1-22        (c)  If a sheriff determines that granting a leave under
   1-23  Subsection (b) will result in having an insufficient number of
   1-24  deputies of the same rank to carry out the normal functions of the
   1-25  department, another deputy of equal rank may volunteer to exchange
   1-26  time of work with the applicant if overtime does not result.
   1-27        (d)  The sheriff shall allow a volunteer under Subsection (c)
   1-28  to work for the applicant and shall grant the leave, if overtime
   1-29  will not result and if the volunteer work will result in having a
   1-30  sufficient number of employees.
   1-31        (e)  At the option of the deputies, a volunteer under
   1-32  Subsection (c) may receive cash from or on behalf of the deputy
   1-33  taking leave under this section in lieu of an exchange of time of
   1-34  work.
   1-35        (f)  Leave under this section is not a break in service for
   1-36  any purpose and is treated as any other paid leave.
   1-37        (g)  A sheriff may grant a deputy paid leave under this
   1-38  section.
   1-39        SECTION 2.  This Act takes effect September 1, 1995.
   1-40        SECTION 3.  The importance of this legislation and the
   1-41  crowded condition of the calendars in both houses create an
   1-42  emergency and an imperative public necessity that the
   1-43  constitutional rule requiring bills to be read on three several
   1-44  days in each house be suspended, and this rule is hereby suspended.
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