By Montford S.B. No. 868
74R2429 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to unpaid leave for state employees for job-related
1-3 education or service with a state employee organization.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 661, Government Code, is amended by
1-6 adding Subchapter F to read as follows:
1-7 SUBCHAPTER F. LEAVE FOR JOB-RELATED EDUCATION OR SERVICE
1-8 Sec. 661.141. DEFINITIONS. In this subchapter:
1-9 (1) "Eligible state employee organization" has the
1-10 meaning assigned by Section 403.0165.
1-11 (2) "Institution of higher education" has the meaning
1-12 assigned by Section 61.003, Education Code.
1-13 (3) "State agency" has the meaning assigned by Section
1-14 403.0165.
1-15 (4) "State employee" means an individual, other than a
1-16 seasonal employee, who is employed either full-time or part-time by
1-17 a state agency in:
1-18 (A) a position subject to the position
1-19 classification plan under Chapter 654 or a similar classification
1-20 plan at an institution of higher education; or
1-21 (B) a position exempt from the position
1-22 classification plan under Chapter 654 that is compensated at a rate
1-23 that does not exceed the amount prescribed by the General
1-24 Appropriations Act for step 1, salary group 21, of the position
2-1 classification salary schedule.
2-2 Sec. 661.142. EMPLOYEE LEAVE OF ABSENCE. (a) Subject to
2-3 Sections 661.146 and 661.147, a state employee is entitled to a
2-4 leave of absence from employment if:
2-5 (1) the employee has been continuously employed by the
2-6 state for at least two years;
2-7 (2) the employee gives, to the employing state agency
2-8 before the 30th day before the date the leave begins, a written
2-9 notice stating the employee's intent to take the leave; and
2-10 (3) the leave is to permit the employee to:
2-11 (A) further the employee's education in an area
2-12 related to the employee's employment; or
2-13 (B) serve with an eligible state employee
2-14 organization.
2-15 (b) A state employee taking a leave of absence under this
2-16 section is not entitled to compensation while on leave.
2-17 (c) A leave of absence under this section may not exceed two
2-18 years.
2-19 Sec. 661.143. EMPLOYEE RIGHTS AND BENEFITS WHILE ON LEAVE.
2-20 (a) At the option of the employee, a state employee on leave under
2-21 this subchapter may participate in:
2-22 (1) the uniform group insurance plan under the Texas
2-23 Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
2-24 Vernon's Texas Insurance Code), if the employee pays the entire
2-25 amount of the contribution under Section 14 of that Act while on
2-26 leave; and
2-27 (2) the Employees Retirement System of Texas, if the
3-1 employee pays the entire amount of the contributions under Sections
3-2 815.402 and 815.403 while on leave.
3-3 (b) For purposes of entitlement to longevity pay under
3-4 Subchapter D, Chapter 659, a state employee on leave under this
3-5 subchapter does not accrue credit while on leave but retains credit
3-6 earned before the leave.
3-7 Sec. 661.144. REEMPLOYMENT FOLLOWING LEAVE. (a) Except as
3-8 provided by Subsection (c), a state employee is entitled to
3-9 reemployment with the employing state agency following a leave of
3-10 absence under this subchapter. The employing state agency shall
3-11 employ the employee in the first position that:
3-12 (1) becomes available after the leave ends;
3-13 (2) is comparable to the position held by the employee
3-14 before the leave began; and
3-15 (3) is in the same locality as the position held by
3-16 the employee before the leave began.
3-17 (b) If an employing state agency or employing division of a
3-18 state agency is abolished during a state employee's leave of
3-19 absence under this subchapter and the agency's or division's duties
3-20 are transferred to another agency, the employee is entitled to
3-21 reemployment as provided by Subsection (a) with the agency to which
3-22 the employing agency's or division's duties were transferred.
3-23 (c) If an employing state agency or employing division of a
3-24 state agency is abolished during a state employee's leave of
3-25 absence under this subchapter and the agency's or division's duties
3-26 are not transferred to another agency, the employee is not entitled
3-27 to reemployment.
4-1 Sec. 661.145. EMPLOYMENT TO FILL VACANCY. A state agency
4-2 that grants a state employee leave under this subchapter may hire
4-3 another individual to fill the vacancy left by the employee.
4-4 Sec. 661.146. VOLUNTARY PARTICIPATION BY CERTAIN AGENCIES.
4-5 A state agency that has fewer than 2,000 employees is not required
4-6 to grant a leave of absence under this subchapter but may do so at
4-7 the agency's discretion.
4-8 Sec. 661.147. MAXIMUM NUMBER OF SIMULTANEOUS LEAVES OF
4-9 ABSENCE. A state agency is not required to grant a state employee
4-10 a leave of absence under this subchapter for any time at which the
4-11 agency will have five other employees on leave under this
4-12 subchapter but may do so at the agency's discretion.
4-13 SECTION 2. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended,
4-18 and that this Act take effect and be in force from and after its
4-19 passage, and it is so enacted.