HBA-NLM H.B. 2590 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2590
By: Ellis, Dan
Appropriations
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, state employees must use compensatory time within one year of
the date the time was accrued.  However, staffing requirements of some
agencies may prevent employees from being able to use accrued compensation
time within the authorized time limitations.  H.B. 2590 provides that an
employee of a state agency who accrues compensatory time and is unable to
take the time off because of the agency's staffing requirements is not
subject to any limitation on the amount of unused compensatory time that
may be accumulated or transferred from one fiscal year to the next. In
addition, this bill requires the agency to pay an employee or an employee's
estate, as applicable, for all the employee's unused compensatory time at
the rate equal to the hourly rate of pay earned by the employee on the last
day of employment with the agency, if the employee leaves employment with
the state agency. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 661, Government Code, by adding
Section 661.152, as follows: 

Sec. 661.152.  EMPLOYEE COMPENSATORY TIME.  Defines "employee" and "state
agency." Provides that an employee of a state agency who accrues
compensatory time and is unable to take the time off because of the
agency's staffing requirements is not subject to any limitation on the
amount of unused compensatory time that may be accumulated or transferred
from one fiscal year to the next, notwithstanding any contrary provision in
the General Appropriations Act or other law.  Authorizes the agency to
deduct from an employee's accumulated compensatory time only time the
employee takes off.  Requires the agency to pay an employee or an
employee's estate, as applicable, for all the employee's unused
compensatory time at the rate equal to the hourly rate of pay earned by the
employee on the last day of employment with the agency, if the employee
leaves employment with the state agency. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.