By:  Ratliff                                           S.B. No. 174
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to codification of certain state employment matters
 1-2     currently prescribed by the General Appropriations Act.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 651, Government Code, is amended by
 1-5     adding Section 651.005 to read as follows:
 1-6           Sec. 651.005.  REDUCTIONS IN FORCE.  A state governmental
 1-7     entity undergoing a reorganization mandated by statute may
 1-8     institute a reduction in force as a direct result of the
 1-9     reorganization, notwithstanding a rule, personnel handbook, or
1-10     policy of the entity to the contrary.
1-11           SECTION 2.  Subchapter B, Chapter 654, Government Code, is
1-12     amended by adding Section 654.0125 to read as follows:
1-13           Sec. 654.0125.  EXEMPTION OF POSITIONS BY GOVERNOR.
1-14     (a)  Appropriated money may not be used to pay the salary of a
1-15     person in a position exempted from the position classification plan
1-16     by the governor under Section 654.012(8)(A) unless the position is
1-17     a bona fide new position established to accomplish duties related
1-18     to programs or functions that were not anticipated, and for that
1-19     reason not funded, under the General Appropriations Act.
1-20           (b)  A new position may not be created under Section
1-21     654.012(8)(A) for the sole purpose of adjusting the salary of an
1-22     existing position.
1-23           (c)  The governor's exemption of a position from the position
1-24     classification plan under Section 654.012(8)(A) must contain a
 2-1     certification that the exemption is for a bona fide new position.
 2-2     The comptroller may not pay compensation for the position until
 2-3     formal notification of the action of the governor to exempt the
 2-4     position is filed with the classification officer and the
 2-5     Legislative Budget Board.
 2-6           (d)  A position exempted by the governor under Section
 2-7     654.012(8)(A) in the first year of a state fiscal biennium may
 2-8     continue into the second year.  The salary rate established for the
 2-9     position may be adjusted for the second year of the biennium by a
2-10     rate not to exceed the rate by which the salary schedule for
2-11     classified positions in the General Appropriations Act is adjusted
2-12     from the first to the second year of the biennium.
2-13           SECTION 3.  Section 654.014, Government Code, is amended to
2-14     read as follows:
2-15           Sec. 654.014.  APPOINTMENTS TO CONFORM WITH POSITION
2-16     CLASSIFICATION PLAN AND GENERAL APPROPRIATIONS ACT.  (a)  Each
2-17     employment to which this subchapter applies shall conform to:
2-18                 (1)  the classes of work described in the position
2-19     classification plan;
2-20                 (2)  the titles authorized by the plan; and
2-21                 (3)  the salary rates and provisions in the General
2-22     Appropriations Act.
2-23           (b)  Each state agency or other state entity subject to this
2-24     chapter may determine, at the time an individual is initially
2-25     employed by the entity in a classified position, the individual's
2-26     salary rate within the applicable salary group for the individual's
 3-1     classified position.
 3-2           SECTION 4.  Subchapter B, Chapter 654, Government Code, is
 3-3     amended by adding Sections 654.0155 and 654.0156 to read as
 3-4     follows:
 3-5           Sec. 654.0155.  PERIODIC REVIEW OF POSITIONS.  (a)  To ensure
 3-6     that each position is properly classified, each employing state
 3-7     entity subject to this chapter:
 3-8                 (1)  shall review individual job assignments within the
 3-9     entity by the beginning of each state fiscal year; and
3-10                 (2)  may perform a monthly review of job assignments.
3-11           (b)  The entity shall report to the classification officer
3-12     the results of the reviews and the method used to comply with this
3-13     section.  If the classification officer determines the method used
3-14     is inadequate, a classification compliance audit to determine
3-15     proper classification shall be undertaken.
3-16           Sec. 654.0156.  RECLASSIFICATION.  (a)  An employing state
3-17     entity subject to this chapter may reclassify a position to another
3-18     title in the position classification plan:
3-19                 (1)  in response to a classification review; or
3-20                 (2)  as a result of a program reorganization by the
3-21     administrative head of the employing state entity.
3-22           (b)  The sole purpose of a reclassification is to properly
3-23     classify a position and define its duties under this chapter based
3-24     on the duties currently performed by an employee holding the
3-25     reclassified position.  A reclassification therefore does not
3-26     indicate that the  employee's assigned duties should or will be
 4-1     changed.
 4-2           (c)  A reclassification takes effect at the beginning of a
 4-3     calendar month.
 4-4           SECTION 5.  Subchapter B, Chapter 656, Government Code, is
 4-5     amended by adding Section 656.026 to read as follows:
 4-6           Sec. 656.026.  JOB NOTICE POSTING WAIVER.  A state agency is
 4-7     not required to comply with the requirements of this subchapter or
 4-8     Subchapter A when the agency transfers or reassigns an employee as
 4-9     part of a reorganization or merger mandated by the legislature if
4-10     the executive head of the agency certifies that the transfer or
4-11     reassignment is necessary for the proper implementation of the
4-12     reorganization or merger.
4-13           SECTION 6.  Subsection (a), Section 658.005, Government Code,
4-14     is amended to read as follows:
4-15           (a)  Normal office hours of a state agency are from 8 a.m. to
4-16     5 p.m., Monday through Friday.  These hours are the regular working
4-17     hours for a full-time state employee.  The offices of a state
4-18     agency shall remain open during the noon hour each working day with
4-19     at least one person on duty to accept calls, receive visitors, or
4-20     transact business.
4-21           SECTION 7.  Sections 658.001 and 658.006, Government Code,
4-22     are amended to read as follows:
4-23           Sec. 658.001.  Definitions.  In this chapter:
4-24                 (1)  "Full-time state employee" means a person employed
4-25     by a state agency who, if not participating in a voluntary work
4-26     reduction program under Section 658.003, is required to work for
 5-1     the agency not less than 40 hours a week.
 5-2                 (2)  "State agency" means:
 5-3                       (A)  a board, commission, department,
 5-4     institution, office, or other agency in the executive branch of
 5-5     state government that is created by the constitution or a statute
 5-6     of this state, including an institution of higher education as
 5-7     defined by Section 61.003, Education Code; or
 5-8                       (B)  the Supreme Court of Texas, the Texas Court
 5-9     of Criminal Appeals, a court of appeals, or other agency in the
5-10     judicial branch.
5-11           Sec. 658.006.  STAGGERED WORKING HOURS[; CAPITOL AREA IN
5-12     AUSTIN].  Normal working hours for employees of a state agency [in
5-13     the Capitol area in Austin] may be staggered [as authorized by the
5-14     General Appropriations Act] for traffic regulation or public
5-15     safety.
5-16           SECTION 8.  Chapter 658,  Government Code, is amended by
5-17     adding Sections 658.008, 658.009, and 658.010 to read as follows:
5-18           Sec. 658.008.  MEMBERS OF NATIONAL GUARD OR RESERVE.  To
5-19     facilitate participation in military duties by state employees,
5-20     each state agency shall adjust the work schedule of any employee
5-21     who is a member of the Texas National Guard or the United States
5-22     Armed Forces Reserve so that two of the employee's days off work
5-23     each month coincide with two days of military duty to be performed
5-24     by the employee.
5-25           Sec. 658.009.  PART-TIME EMPLOYMENT.  A state agency may fill
5-26     a regular full-time position with one or more part-time employees:
 6-1                 (1)  without regard to whether the position is subject
 6-2     to or exempt from the state's position classification plan; and
 6-3                 (2)  subject to Section 659.019.
 6-4           Sec. 658.010.  PLACE WHERE WORK PERFORMED.  (a)  An employee
 6-5     of a state agency shall, during normal office hours, conduct agency
 6-6     business only at the employee's regular or assigned temporary place
 6-7     of employment unless the employee:
 6-8                 (1)  is travelling; or
 6-9                 (2)  received prior written authorization from the
6-10     administrative head of the employing state agency to perform work
6-11     elsewhere.
6-12           (b)  The employee's personal residence may not be considered
6-13     the employee's regular or assigned temporary place of employment
6-14     without prior written authorization from the administrative head of
6-15     the employing state agency.
6-16           SECTION 9.  Section 659.002, Government Code, is amended by
6-17     adding Subsection (d) to read as follows:
6-18           (d)  The state shall withhold money from salaries and wages
6-19     paid to state officers and employees in accordance with applicable
6-20     federal law, including federal law relating to withholding for
6-21     purposes of the federal income tax.  The state shall make any
6-22     required employer contributions in accordance with applicable
6-23     federal law.  The comptroller shall make payments in accordance
6-24     with this subsection.
6-25           SECTION 10.  Subchapter A, Chapter 659, Government Code, is
6-26     amended by adding Sections 659.004, 659.005, and 659.006 to read as
 7-1     follows:
 7-2           Sec. 659.004.  PAYROLL AND PERSONNEL REPORTING.  (a)  In this
 7-3     section, "state agency" has the meaning assigned by Section
 7-4     658.001.
 7-5           (b)  The comptroller, in consultation with the state auditor,
 7-6     shall adopt rules that prescribe uniform procedures for payroll and
 7-7     personnel reporting for all state agencies and that are designed
 7-8     to:
 7-9                 (1)  facilitate the auditing of payrolls;
7-10                 (2)  facilitate a classification compliance audit under
7-11     Chapter 654;
7-12                 (3)  assure conformity with this chapter and the
7-13     General Appropriations Act; and
7-14                 (4)  provide the legislative audit committee with
7-15     current information on employment and wage rate practices in state
7-16     government.
7-17           Sec. 659.005.  WITNESS FEES; JURY SERVICE.  (a)  A deduction
7-18     may not be made from the salary or wages of a state employee
7-19     because the employee is called for jury service, including a
7-20     deduction for any fee or compensation the employee receives for the
7-21     jury service.
7-22           (b)  A state officer or employee who appears as a witness in
7-23     an official capacity in a judicial proceeding or legislative
7-24     hearing may not accept or receive a witness fee for the appearance.
7-25           (c)  A state officer or employee who appears as a witness, in
7-26     a capacity other than as a state officer or employee, in a judicial
 8-1     proceeding or legislative hearing to testify from personal
 8-2     knowledge concerning matters related to the proceeding or hearing
 8-3     is entitled to receive any customary witness fees for the
 8-4     appearance.
 8-5           (d)  A state officer or employee who appears as an expert
 8-6     witness in a judicial proceeding or legislative hearing may accept
 8-7     compensation for the appearance only if the person is not also
 8-8     compensated by the state for the person's time in making the
 8-9     appearance and may accept reimbursement for travel expenses only if
8-10     the expenses are not reimbursed by the state.  For purposes of this
8-11     subsection, paid leave is not considered time compensated by the
8-12     state.
8-13           (e)  A state  officer or employee may receive reimbursement
8-14     for travel and a per diem or reimbursement for expenses connected
8-15     to an appearance in an official capacity as a witness in a judicial
8-16     proceeding or legislative hearing only from the state or the
8-17     judicial body, but not from both the state and the judicial body.
8-18           Sec. 659.006.  ADJUSTMENT FOR INACCURATE PAYMENT.  The
8-19     comptroller by rule shall prescribe procedures for state agencies
8-20     to follow in making adjustments to payrolls for the pay period
8-21     immediately following the period in which an inaccurate payment or
8-22     deduction is made or in which other error occurs.
8-23           SECTION 11.  The heading to Subchapter B, Chapter 659,
8-24     Government Code, is amended to read as follows:
 9-1                 SUBCHAPTER B.  SALARY AMOUNTS; OVERTIME AND
 9-2                              COMPENSATORY TIME
 9-3           SECTION 12.  Subchapter B, Chapter 659, Government Code, is
 9-4     amended by adding Sections 659.015, 659.016, 659.017, 659.018,
 9-5     659.019, 659.020, and 659.021 to read as follows:
 9-6           Sec. 659.015.  OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO
 9-7     FAIR LABOR STANDARDS ACT.  (a)  This section applies only to a
 9-8     state employee who is subject to the overtime provisions of the
 9-9     federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
9-10     seq.) and who is not an employee of the legislature, including an
9-11     employee of the lieutenant governor, or of a legislative agency.
9-12           (b)  The employee is entitled to compensation for overtime as
9-13     provided by federal law and this section.  To the extent that this
9-14     section and federal law prescribe a different rule for the same
9-15     circumstance, federal law controls without regard to whether this
9-16     section or federal law prescribes a stricter rule.
9-17           (c)  An employee who is required to work more than 40 hours
9-18     in a workweek is entitled to compensation for the overtime hours:
9-19                 (1)  by taking compensatory time off at the rate of
9-20     1-1/2 hours off for each hour of accrued overtime, if the employing
9-21     agency allows or requires the employee to do so; or
9-22                 (2)  by receiving pay for the overtime hours at the
9-23     rate of 1-1/2 times the employee's regular hourly rate of pay, if
9-24     the employing agency determines it is impractical for the employee
9-25     to take compensatory time off as compensation for the overtime.
9-26           (d)  Holidays or other paid leave taken during a workweek are
 10-1    not counted as hours worked in computing the number of overtime
 10-2    hours under Subsection (c) or (e).
 10-3          (e)  An employee may not accumulate more than 240 hours of
 10-4    overtime credit that may be taken as compensatory leave under
 10-5    Subsection (c)(1), except that an employee engaged in a public
 10-6    safety activity, an emergency response activity, or a seasonal
 10-7    activity may accumulate, in accordance with 29 U.S.C. Section
 10-8    207(o)(3)(A), not more than 480 hours of overtime credit that may
 10-9    be taken as compensatory leave under Subsection (c)(1).  An
10-10    employee must be paid at the rate prescribed by Subsection (c)(2)
10-11    for the number of overtime hours the employee works that cause the
10-12    employee to exceed the amount of overtime credit the employee may
10-13    accumulate.  In this subsection, "overtime credit" means the number
10-14    of hours that is computed by multiplying the number of overtime
10-15    hours worked by 1-1/2.
10-16          (f)  When an employee does not work more than 40 hours in a
10-17    workweek but the number of hours worked plus the number of hours of
10-18    holiday or other paid leave taken during the workweek exceeds 40
10-19    hours, the employee is entitled to compensatory time off at the
10-20    rate of one hour off for each of the excess hours.  When an
10-21    employee does work 40 or more hours in a workweek and in addition
10-22    takes holiday or other paid leave during the workweek, and the
10-23    total number of hours worked still exceeds 40 after subtracting the
10-24    hours compensable under Subsections (c)-(e), the employee is
10-25    entitled to compensatory time off at the rate of one hour off for
10-26    each of the remaining hours in excess of 40.  When an employee does
 11-1    not work more than 40 hours in a workweek and the number of hours
 11-2    worked plus the number of hours of holiday or other paid leave
 11-3    taken during the week does not exceed 40 hours, the employee may
 11-4    not accrue compensatory time for the week under this section.
 11-5          (g)  Compensatory time off to which an employee is entitled
 11-6    under Subsection (f) must be taken during the 12-month period
 11-7    following the end of the workweek in which the compensatory time
 11-8    was accrued or it lapses.  An employee may not be paid for that
 11-9    compensatory time.  However, an employee of an institution of
11-10    higher education as defined by Section 61.003, Education Code, or
11-11    an employee engaged in a public safety activity, including highway
11-12    construction and maintenance or an emergency response activity, may
11-13    be paid at the employee's regular rate of pay for that compensatory
11-14    time if the employer determines that taking the compensatory time
11-15    off would disrupt normal teaching, research, or other critical
11-16    functions.
11-17          (h)  Hospital, fire protection, and law enforcement
11-18    personnel, including security personnel in correctional
11-19    institutions, are governed by the federal Fair Labor Standards Act
11-20    of 1938 (29 U.S.C. Section 201 et seq.) provisions applicable to
11-21    those employees, including the exceptions to the standard overtime
11-22    computation for a workweek.
11-23          Sec. 659.016.  OVERTIME COMPENSATION FOR EMPLOYEES NOT
11-24    SUBJECT TO FAIR LABOR STANDARDS ACT; REDUCTIONS IN PAY.  (a)  This
11-25    section applies only to a state employee who is not subject to the
11-26    overtime provisions of the federal Fair Labor Standards Act of 1938
 12-1    (29 U.S.C. Section 201 et seq.) and who is not an employee of the
 12-2    legislature, including an employee of the lieutenant governor, or
 12-3    of a legislative agency.
 12-4          (b)  When the sum of hours worked plus holiday or other paid
 12-5    leave taken by an employee during a workweek exceeds 40 hours, and
 12-6    not otherwise, the employee may be allowed to accrue compensatory
 12-7    time for the number of hours that exceeds 40 hours.
 12-8          (c)  An employee who is exempt as an executive, professional,
 12-9    or administrative employee under 29 U.S.C. Section 213(a)(1) may be
12-10    allowed compensatory time off during the 12-month period following
12-11    the end of the workweek in which the time that exceeds 40 hours
12-12    under Subsection (b) was accrued, at a rate not to exceed one hour
12-13    of compensatory time off for each hour of time that exceeds 40
12-14    hours under Subsection (b) accrued.
12-15          (d)  In accordance with 29 C.F.R. Section 541.118 and subject
12-16    to that section's exceptions as described by this section, an
12-17    employee who is exempt as an executive, professional, or
12-18    administrative employee under 29 U.S.C. Section 213(a)(1) is
12-19    entitled to receive full salary for any week in which the employee
12-20    performs work without regard to the number of days and hours
12-21    worked.  This is also subject to the general rule that an employee
12-22    need not be paid for any workweek in which the employee performs no
12-23    work.
12-24          (e)  A deduction may be made from the salary of an employee
12-25    who is exempt as an executive, professional, or administrative
12-26    employee under 29 U.S.C. Section 213(a)(1) if:
 13-1                (1)  the employee is not at work for a full day or
 13-2    longer for personal reasons other than sickness, accident, jury
 13-3    duty, attendance as a witness at a judicial proceeding, or
 13-4    temporary military leave;
 13-5                (2)  the employee is not at work for a full day or
 13-6    longer because of sickness or disability, including sickness or
 13-7    disability covered by workers' compensation benefits, and the
 13-8    employee's paid sick leave or workers' compensation benefits have
 13-9    been exhausted;
13-10                (3)  the deduction is a penalty imposed for a violation
13-11    of a significant safety rule relating to prevention of serious
13-12    danger in the workplace to other persons, including other
13-13    employees; or
13-14                (4)  in accordance with the special provisions
13-15    applicable to executive, professional, or administrative employees
13-16    of public agencies set forth in 29 C.F.R. Section 541.5d, the
13-17    employee is not at work for less than one day for personal reasons
13-18    or because of illness or injury and accrued leave is not used by
13-19    the employee because:
13-20                      (A)  permission to use accrued leave was not
13-21    sought or was denied;
13-22                      (B)  accrued leave has been exhausted; or
13-23                      (C)  the employee chooses to use leave without
13-24    pay.
13-25          (f)  In accordance with 29 C.F.R. Section 541.5d, a deduction
13-26    from the pay of an executive, professional, or administrative
 14-1    employee because of an absence from work caused by a furlough
 14-2    related to the budget does not affect the employee's status as an
 14-3    employee paid on a salary basis, except for any workweek in which
 14-4    the furlough occurs and for which the employee's pay is accordingly
 14-5    reduced.
 14-6          (g)  If a deduction is made from an employee's salary in
 14-7    violation of United States Department of Labor regulations, the
 14-8    employee is entitled to reimbursement of the amount that should not
 14-9    have been deducted.
14-10          (h)  An employee who is not subject to the federal Fair Labor
14-11    Standards Act of 1938 under 29 U.S.C. Section 203(e)(2)(C) because
14-12    the employee is a staff member, appointee, or immediate adviser of
14-13    an elected officeholder may be allowed compensatory time off under
14-14    the terms and conditions determined by the officeholder.
14-15          (i)  An employee covered by this section may not be paid for
14-16    any unused compensatory time.
14-17          Sec. 659.017.  OVERTIME COMPENSATION FOR LEGISLATIVE
14-18    EMPLOYEES.  Consistent with the requirements of the federal Fair
14-19    Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
14-20    overtime pay and compensatory time off for employees of the
14-21    legislative branch, including employees of the lieutenant governor,
14-22    are determined:
14-23                (1)  for employees of the house of representatives or
14-24    the senate, by the presiding officer of the appropriate house of
14-25    the legislature;
14-26                (2)  for employees of an elected officeholder, by the
 15-1    employing officeholder; and
 15-2                (3)  for employees of a legislative agency, by the
 15-3    administrative head of the agency.
 15-4          Sec. 659.018.  COMPENSATORY TIME:  PLACE WHERE WORK
 15-5    PERFORMED.  Except under circumstances specified in the General
 15-6    Appropriations Act, an employee of a state agency as defined by
 15-7    Section 658.001 may not, for hours worked during any calendar week,
 15-8    accumulate compensatory time off under Section 659.015(f) or
 15-9    659.016 to the extent that the hours are attributable to work
15-10    performed at a location other than the employee's regular or
15-11    temporarily assigned place of employment.  The employee's personal
15-12    residence may not be considered the employee's regular or
15-13    temporarily assigned place of employment for purposes of this
15-14    section without prior written authorization from the administrative
15-15    head of the employing state agency.
15-16          Sec. 659.019.  PART-TIME AND HOURLY EMPLOYMENT.  (a)  In
15-17    computing the salary of a part-time or hourly employee, the rate of
15-18    pay must be proportional to the rate authorized by the General
15-19    Appropriations Act for full-time employment in the same classified
15-20    position, or if the position is not under the state's position
15-21    classification plan, for full-time employment in the applicable
15-22    exempt position.
15-23          (b)  A part-time employee is subject to Subchapter K and to
15-24    the leave without pay provisions of Section 659.085.
15-25          (c)  The comptroller may adopt rules to determine the hourly
15-26    rate of an employee paid on an hourly basis.
 16-1          Sec. 659.020.  SALARY SUPPLEMENTATION.  A state employee
 16-2    employed by a state agency as defined by Section 658.001 whose
 16-3    position is classified under Chapter 654 or whose exempt position
 16-4    is funded by the General Appropriations Act may not receive a
 16-5    salary supplement from any source unless a specific grant of
 16-6    authority to do so is provided by the General Appropriations Act or
 16-7    other law.
 16-8          Sec. 659.021.  ADMINISTRATIVE HEAD OF AGENCY.  The
 16-9    administrative head of a state agency as defined by Section 658.001
16-10    whose salary as administrative head is established by the General
16-11    Appropriations Act may not receive a salary higher than that
16-12    established salary, even if the administrative head performs duties
16-13    assigned to a position title classified in the state's position
16-14    classification plan that is assigned to a salary group that would
16-15    pay a higher salary, unless the General Appropriations Act
16-16    specifically provides that a higher salary may be received.
16-17          SECTION 13.  Section 659.081, Government Code, is amended to
16-18    read as follows:
16-19          Sec. 659.081.  PAYMENT ONCE A MONTH.  Except as provided by
16-20    this subchapter or the General Appropriations Act, annual salaries
16-21    for state officers and employees shall be paid once a month.
16-22          SECTION 14.  Section 659.082, Government Code, is amended to
16-23    read as follows:
16-24          Sec. 659.082.  Payment Twice a Month.  An employee is
16-25    entitled to be paid employment compensation twice a month if:
16-26                (1)  the employee is employed by:
 17-1                      (A)  the Texas Department of Mental Health and
 17-2    Mental Retardation;
 17-3                      (B)  the Texas Department of Transportation;
 17-4                      (C)  the Texas Department of Human Services;
 17-5                      (D)  the Texas Workforce Commission;
 17-6                      (E)  the Department of Public Safety; or
 17-7                      (F)  any other state agency designated by the
 17-8    comptroller;
 17-9                (2)  the employee holds a classified position under the
17-10    state's position classification plan;
17-11                (3)  the employee's position is classified below salary
17-12    group 12 under a [the] classification salary schedule in the
17-13    General Appropriations Act in which salary groups are divided into
17-14    steps;
17-15                (4)  the employing state agency satisfies the
17-16    comptroller's requirements relating to the payment of compensation
17-17    twice a month; and
17-18                (5)  at least 30 percent of the eligible employees of
17-19    the agency choose to be paid twice a month.
17-20          SECTION 15.  Subchapter F, Chapter 659, Government Code, is
17-21    amended by adding Section 659.085 to read as follows:
17-22          Sec. 659.085.  DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;
17-23    PROPORTIONATE REQUIREMENT FOR PART-TIME PAY.  (a)  The amount of
17-24    monthly salary for an annual employee who maintains a 40-hour
17-25    workweek and is covered under Chapter 658 is computed by dividing
17-26    the annual salary for the person's position set in or in accordance
 18-1    with the General Appropriations Act by 12.  If the annual salary is
 18-2    not evenly divisible by 12, the resulting monthly salary multiplied
 18-3    by 12 may not exceed the annual salary for the person's position
 18-4    set in or in accordance with the General Appropriations Act.
 18-5          (b)  For purposes of partial payment or other applicable
 18-6    situations, an employee's equivalent hourly rate of pay for a given
 18-7    month is computed by dividing the employee's monthly salary by the
 18-8    number of working hours in the month.  This subsection applies only
 18-9    to full-time employees described by Subsection (a) and to part-time
18-10    salaried employees.
18-11          (c)  When an employee is on leave without pay, compensation
18-12    for the pay period will be reduced by an amount computed by
18-13    multiplying the employee's equivalent hourly rate of pay times the
18-14    number of hours the employee was on leave without pay.
18-15          (d)  An agency that may contract with its employees for
18-16    employment for less than a 12-month period may make equal monthly
18-17    salary payments under the contract during the contract period or
18-18    during the fiscal year.
18-19          SECTION 16.  Chapter 659, Government Code, is amended by
18-20    adding Subchapter K to read as follows:
18-21          SUBCHAPTER K.  PROMOTIONS, RECLASSIFICATIONS, AND OTHER
18-22                           ADJUSTMENTS TO SALARY
18-23          Sec. 659.251.  APPLICABILITY.  (a)  This subchapter applies
18-24    only to a state employee employed in the executive or judicial
18-25    branch of state government.
18-26          (b)  The policies for promotions, demotions, and other
 19-1    adjustments to salary for employees of the legislative branch,
 19-2    including employees of the lieutenant governor, are determined as
 19-3    follows:
 19-4                (1)  for employees of either house of the legislature,
 19-5    a member of the legislature, or the lieutenant governor, by the
 19-6    presiding officer of the appropriate house of the legislature; and
 19-7                (2)  for employees of a legislative agency, by the
 19-8    administrative head of the agency.
 19-9          Sec. 659.252.  DEFINITION.  In this subchapter, "state
19-10    agency" means the state department, institution, entity, or other
19-11    agency in the executive or judicial branch of state government that
19-12    employs a state employee.
19-13          Sec. 659.253.  TRANSFER WITHIN AGENCY FROM EXEMPT TO
19-14    CLASSIFIED POSITION.  A state employee who moves within a state
19-15    agency from a position exempt from the state's position
19-16    classification plan to a classified position will receive an annual
19-17    salary in the proper salary group not to exceed:
19-18                (1)  the rate for the salary step equal to the
19-19    employee's current exempt salary or the rate for the next higher
19-20    salary step, if moving to a position in a salary group that is
19-21    divided into steps; or
19-22                (2)  the employee's current exempt salary or the
19-23    maximum rate of the new salary group, whichever is lower, if moving
19-24    to a position in a salary group that is not divided into steps.
19-25          Sec. 659.254.  CLASSIFIED POSITION REALLOCATED OR
19-26    RECLASSIFIED TO DIFFERENT SALARY GROUP.  (a)  This section applies
 20-1    only to positions classified under the state's position
 20-2    classification plan.
 20-3          (b)  In this section:
 20-4                (1)  "higher salary group" means a salary group with a
 20-5    higher minimum salary rate; and
 20-6                (2)  "lower salary group" means a salary group with a
 20-7    lower minimum salary rate.
 20-8          (c)  An employee whose classified position is reallocated by
 20-9    the General Appropriations Act or reclassified under Chapter 654 to
20-10    a higher salary group will be paid at the minimum salary rate in
20-11    the higher salary group or at the salary rate the employee would
20-12    have received without the reallocation or reclassification,
20-13    whichever rate is higher, except:
20-14                (1)  to maintain desirable salary relationships among
20-15    employees in the affected positions, the salary may be adjusted not
20-16    more than:
20-17                      (A)  two steps higher, if the employee's salary
20-18    group is divided into steps by the General Appropriations Act; or
20-19                      (B)  6.8 percent higher, if the employee's salary
20-20    group is not divided into steps by the General Appropriations Act;
20-21    and
20-22                (2)  the employee may not advance to a step number in
20-23    the new salary group higher than the step number rate held before
20-24    the reallocation or reclassification, if the employee's salary
20-25    group is divided into steps by the General Appropriations Act.
20-26          (d)  An employee whose classified position is reallocated by
 21-1    the General Appropriations Act or reclassified under Chapter 654 to
 21-2    a lower salary group will be paid at the salary rate that the
 21-3    employee would have received had the position not been reallocated
 21-4    or reclassified, not to exceed the maximum rate of the lower salary
 21-5    group.
 21-6          Sec. 659.255.  MERIT RAISES.  (a)  This section applies only
 21-7    to positions classified under the state's position classification
 21-8    plan.
 21-9          (b)  A state agency administrator may award a merit salary
21-10    increase to an employee whose job performance and productivity is
21-11    consistently above that normally expected or required.
21-12          (c)  If the employee's salary group is divided into steps, a
21-13    merit increase involves an increase in the employee's salary to a
21-14    higher step rate in the same salary group.  If the employee's
21-15    salary group is not divided into steps by the General
21-16    Appropriations Act, a merit increase involves an increase in an
21-17    employee's salary to a higher rate within the range of the same
21-18    salary group.
21-19          (d)  An employee may be awarded a merit salary increase only
21-20    if:
21-21                (1)  the employee has been continuously employed by the
21-22    state agency for at least the six months preceding the award;
21-23                (2)  the state agency has not promoted, demoted, or
21-24    awarded a merit salary increase to the employee during the
21-25    preceding number of months prescribed for this purpose by the
21-26    General Appropriations Act; and
 22-1                (3)  the state agency has adopted specific criteria for
 22-2    awarding merit salary increases and requires documentation to
 22-3    substantiate the award of a merit salary increase.
 22-4          (e)  The comptroller shall prescribe accounting and reporting
 22-5    procedures as necessary to ensure that information reflecting each
 22-6    state agency's use of merit salary increases is available.
 22-7          (f)  A state agency that awards merit salary increases should
 22-8    apply merit salary increases throughout the range of classified
 22-9    salary groups used by the agency.
22-10          Sec. 659.256.  PROMOTIONS.  (a)  This section applies only to
22-11    positions classified under the state's position classification
22-12    plan.
22-13          (b)  A promotion is an employee's change in duty assignment
22-14    within a state agency from one classified position to another
22-15    classified position that:
22-16                (1)  is in a salary group with a higher minimum salary
22-17    rate;
22-18                (2)  requires higher qualifications, such as greater
22-19    skill or longer experience; and
22-20                (3)  involves a higher level of responsibility.
22-21          (c)  The promoted employee will be paid at a salary rate that
22-22    is at least the equivalent of one step higher, if the employee's
22-23    salary group is divided into steps by the General Appropriations
22-24    Act, or at least 3.4 percent higher, if the employee's salary group
22-25    is not divided into steps by the General Appropriations Act, than
22-26    the employee's salary rate before promotion, or that is the minimum
 23-1    rate of the new salary group, whichever is higher.  The state
 23-2    agency administrator may set the employee's annual rate at a higher
 23-3    rate not to exceed the maximum rate of the new salary group.
 23-4          Sec. 659.257.  DEMOTIONS.  (a)  This section applies only to
 23-5    positions classified under the state's position classification
 23-6    plan.
 23-7          (b)  A demotion is an employee's change in duty assignment
 23-8    within a state agency from one classified position to another
 23-9    classified position that is in a salary group with a lower minimum
23-10    salary rate.
23-11          (c)  The demoted employee will be paid at a salary rate that
23-12    is at least the equivalent of one step lower, if the employee's
23-13    salary group is divided into steps by the General Appropriations
23-14    Act, or at least 3.4 percent lower, if the employee's salary group
23-15    is not divided into steps by the General Appropriations Act, than
23-16    the employee's salary rate before demotion, except that a state
23-17    agency is not required to reduce the employee's salary if:
23-18                (1)  the employee accepts a position in another
23-19    classification in a salary group with a lower minimum salary rate
23-20    in lieu of a layoff under a reduction in force; or
23-21                (2)  the employee applied for and is selected for
23-22    another position in a classification in a salary group with a lower
23-23    minimum salary rate.
23-24          Sec. 659.258.  SALARY REDUCTION FOR DISCIPLINARY REASONS.
23-25    (a)  This section applies only to positions classified under the
23-26    state's position classification plan.
 24-1          (b)  The administrative head of a state agency may reduce an
 24-2    employee's salary for disciplinary reasons, if warranted by the
 24-3    employee's performance, to a rate in the employee's designated
 24-4    salary group not lower than the minimum rate.  The agency may, as
 24-5    the employee's performance improves, restore the employee's pay to
 24-6    any rate that does not exceed the employee's prior salary rate
 24-7    without accounting for the restoration as a merit salary increase.
 24-8          Sec. 659.259.  SALARY LIMITED TO MAXIMUM GROUP RATE.
 24-9    (a)  This section applies only to positions classified under the
24-10    state's position classification plan.
24-11          (b)  A salary adjustment authorized by this subchapter may
24-12    not result in an employee's receiving an annual salary that exceeds
24-13    the maximum rate of the salary group to which the employee's
24-14    position is allocated.
24-15          Sec. 659.260.  TEMPORARY ASSIGNMENT.  (a)  This section
24-16    applies only to an employee whose permanent position is classified
24-17    under the state's position classification plan.
24-18          (b)  To facilitate a state agency's work during an emergency
24-19    or other special circumstance, an employee may:
24-20                (1)  be temporarily assigned to other duties for a
24-21    period not to exceed six months; and
24-22                (2)  receive during the period of reassignment the
24-23    appropriate rate of pay for the temporary position if the temporary
24-24    position is classified in a salary group with a higher minimum
24-25    salary rate.
24-26          (c)  An employee may not be assigned temporary duties under
 25-1    this section for more than six months during a twelve-month period.
 25-2          (d)  An employee temporarily designated to act as the
 25-3    administrative head of a state agency may continue to receive a
 25-4    salary for a classified position in an amount not to exceed the
 25-5    amount established by the General Appropriations Act for the
 25-6    administrative head of the agency.
 25-7          (e)  While the employee is temporarily assigned under this
 25-8    section, the state agency may not:
 25-9                (1)  award a merit salary increase to the employee;
25-10                (2)  promote or demote the employee; or
25-11                (3)  reduce the employee's salary.
25-12          Sec. 659.261.  SALARY CAP.  (a)  The maximum amount a state
25-13    agency spends for merit salary increases in and promotions to
25-14    classified positions during a fiscal year may not exceed, without
25-15    the written approval of the budget division of the governor's
25-16    office and the Legislative Budget Board, the amount computed by
25-17    multiplying the total amount spent by the agency in the preceding
25-18    fiscal year for classified salaries times the percentage set by the
25-19    General Appropriations Act for purposes of this computation.
25-20          (b)  The maximum amount that may be spent for merit salary
25-21    increases in and promotions to classified positions shall be
25-22    computed separately for each year of the state fiscal biennium.
25-23    Merit salary increases and promotions awarded in the first fiscal
25-24    year of a biennium do not count against the maximum amount that may
25-25    be spent for those increases in the second fiscal year of that
25-26    biennium.
 26-1          (c)  Money spent to pay a salary increase for an employee who
 26-2    is promoted to a classified position title counts against the
 26-3    limitation prescribed by this section only if, as a result of the
 26-4    promotion, the number of agency employees in that position title
 26-5    exceeds the maximum number of agency employees who have been in
 26-6    that position title at any time during the preceding six-month
 26-7    period.
 26-8          (d)  A request to exceed the limitation prescribed by this
 26-9    section must be submitted by the governing body of the agency, or
26-10    by the head of the agency if the agency is not governed by a
26-11    multimember governing body, and must include at least:
26-12                (1)  the date on which the governing body or the head
26-13    of the agency approved the request;
26-14                (2)  a statement justifying the need to exceed the
26-15    limitation; and
26-16                (3)  the source of funds to be used to pay the salary
26-17    increases.
26-18          (e)  The comptroller shall prescribe accounting and reporting
26-19    procedures necessary to ensure that the amount spent for merit
26-20    salary increases and promotions does not exceed the limitations
26-21    established by this section.
26-22          SECTION 17.  Subsection (c), Section 661.033, Government
26-23    Code, is amended to read as follows:
26-24          (c)  Payment under this section may not be for more than:
26-25                (1)  all of the state employee's accumulated vacation
26-26    leave; and
 27-1                (2)  one-half of the state employee's accumulated sick
 27-2    leave or 336 hours of sick leave, whichever is less.
 27-3          SECTION 18.  Section 661.062, Government Code, is amended by
 27-4    amending Subsections (a) and (b) and adding Subsection (f) to read
 27-5    as follows:
 27-6          (a)  A state employee who, at any time during the employee's
 27-7    lifetime, has accrued six months of continuous state employment and
 27-8    who resigns, is dismissed, or otherwise [for any reason] separates
 27-9    from state employment is entitled to be paid for the accrued
27-10    balance of the employee's vacation time as of the date of
27-11    separation, if the individual is not reemployed by the state in a
27-12    position under which the employee accrues vacation leave during the
27-13    30-day period immediately following the date of separation from
27-14    state employment.
27-15          (b)  A separation from state employment includes a separation
27-16    in which the employee:
27-17                (1)  leaves one state agency to begin working for
27-18    another state agency, if one or more workdays occur between the two
27-19    employments and the individual is not reemployed by the state in a
27-20    position under which the employee accrues vacation leave during the
27-21    30-day period immediately following the date of separation from
27-22    state employment;
27-23                (2)  moves from a position in a state agency that
27-24    accrues vacation time to a position in that agency that does not
27-25    accrue vacation time, if the agency agrees to pay the employee for
27-26    the accrued balance of the employee's vacation time;
 28-1                (3)  moves from a position in a state agency that
 28-2    accrues vacation time to a position in another state agency that
 28-3    does not accrue vacation time, if the other state agency refuses to
 28-4    credit the employee for the balance of the employee's vacation time
 28-5    as of the date of the move;
 28-6                (4)  moves from a position in a state agency that does
 28-7    not accrue vacation time to a position in another state agency that
 28-8    does not accrue vacation time, if the other state agency is not
 28-9    authorized or refuses to credit the employee for the balance of the
28-10    employee's vacation time as of the date of the move; or
28-11                (5)  holds two or more positions, and separates from
28-12    one that accrues vacation time.
28-13          (f)  Payment for accrued vacation leave for employees of the
28-14    legislative branch, including employees of the lieutenant governor,
28-15    is determined as follows:
28-16                (1)  for employees of either house of the legislature,
28-17    a member of the legislature, or the lieutenant governor, by the
28-18    presiding officer of the appropriate house of the legislature; and
28-19                (2)  for employees of a legislative agency, by the
28-20    administrative head of the agency.
28-21          SECTION 19.  Chapter 661, Government Code, is amended by
28-22    amending Subchapter F and adding Subchapters G and Z to read as
28-23    follows:
 29-1     SUBCHAPTER F.  GENERAL PROVISIONS FOR VACATION [OTHER CATEGORIES
 29-2                       OF] LEAVE FOR STATE EMPLOYEES
 29-3          Sec. 661.151.  STATE AUDITOR INTERPRETATION.  (a)  The state
 29-4    auditor shall provide a uniform interpretation of this subchapter
 29-5    and Subchapters G and Z.
 29-6          (b)  The state auditor shall report to the governor and the
 29-7    legislature any state agency or institution of higher education
 29-8    that practices exceptions to those laws.
 29-9          Sec. 661.152.  ENTITLEMENT TO ANNUAL VACATION LEAVE.  (a)  A
29-10    state employee is entitled to a vacation in each fiscal year
29-11    without a deduction in salary, except for a state employee who is:
29-12                (1)  an employee of an institution of higher education
29-13    as defined by Section 61.003, Education Code, who:
29-14                      (A)  is not employed to work at least 20 hours
29-15    per week for a period of at least four and one-half months; or
29-16                      (B)  is employed in a position for which the
29-17    employee is required to be a student as a condition of the
29-18    employment;
29-19                (2)  a faculty member employed for a period of fewer
29-20    than 12 months by an institution of higher education as defined by
29-21    Section 61.003, Education Code; or
29-22                (3)  an instructional employee employed for a period of
29-23    fewer than 12 months by the Texas School for the Blind and Visually
29-24    Impaired or the Texas School for the Deaf.
29-25          (b)  The amount of vacation accrues and may be taken in
29-26    accordance with this subchapter.
 30-1          (c)  A part-time employee accrues vacation leave on a
 30-2    proportionate basis.  The maximum amount of vacation leave a
 30-3    part-time employee may carry forward from one fiscal year to the
 30-4    next is also on a proportionate basis.
 30-5          (d)  An employee accrues vacation leave and may carry
 30-6    vacation leave forward from one fiscal year to the next in
 30-7    accordance with the following schedule:
 30-8                                                      Maximum Hours
 30-9                                                     Carried Forward
30-10                                      Hours Accrued  From One Fiscal
30-11                                      Per Month for  Year to the Next
30-12    Employees With Total                 Full-time    for a Full-time
30-13    State Employment of:                 Employment       Employee
30-14    less than 2 years                        7               168
30-15    at least 2 but less than 5 years         8               232
30-16    at least 5 but less than 10 years        9               256
30-17    at least 10 but less than 15 years      10               280
30-18    at least 15 but less than 20 years      12               328
30-19    at least 20 years or more               14               376
30-20          (e)  An employee accrues vacation leave at the applicable
30-21    rate beginning on the first day of state employment and ending on
30-22    the last day of state employment.  An employee accrues and is
30-23    entitled to be credited for one month's vacation leave for each
30-24    month of employment with the state beginning on the first day of
30-25    employment with the state and on the first calendar day of each
30-26    succeeding month of state employment.  An employee who is employed
 31-1    by the state during any part of a calendar month accrues vacation
 31-2    leave entitlement for the entire calendar month.
 31-3          (f)  An employee may not take vacation leave until the
 31-4    employee has six months of continuous employment with the state,
 31-5    although the employee accrues vacation leave during that period.
 31-6          (g)  If an employee's state employment anniversary date
 31-7    occurs on the first calendar day of a month, the employee begins to
 31-8    accrue vacation leave at a higher rate in accordance with
 31-9    Subsection (d) on the first calendar day of the appropriate month.
31-10    Otherwise, the employee begins to accrue vacation leave at the
31-11    higher rate on the first calendar day of the month following the
31-12    anniversary date.  An employee who begins working on the first
31-13    workday of a month in a position that accrues vacation leave is
31-14    considered to have begun working on the first calendar day of the
31-15    month for purposes of this subsection.
31-16          (h)  An employee is entitled to carry forward from one fiscal
31-17    year to the next the net balance of unused accumulated vacation
31-18    leave that does not exceed the maximum number of hours allowed
31-19    under Subsection (d).  All hours of unused accumulated vacation
31-20    leave that may not be carried forward at the end of a fiscal year
31-21    under this subsection and Subsection (d) shall be credited to the
31-22    employee's sick leave balance on the first day of the next fiscal
31-23    year.
31-24          (i)  In computing the amount of vacation leave taken, time
31-25    during which an employee is excused from work because of a holiday
31-26    is not charged against the employee's vacation leave.
 32-1          (j)  An employee who is on paid leave on the first workday of
 32-2    a month may not take vacation leave accrued for that month until
 32-3    the employee has returned to duty.
 32-4          (k)  An individual who is reemployed by any state agency in a
 32-5    position under which the employee accrues vacation leave within 30
 32-6    days after the individual's date of separation from state
 32-7    employment is entitled to reinstatement of the unused balance of
 32-8    the employee's previously accrued vacation leave.
 32-9          Sec. 661.153.  TRANSFER OF VACATION LEAVE BALANCE.  A state
32-10    employee who transfers directly from one state agency to another is
32-11    entitled to credit by the agency to which the employee transfers
32-12    for the unused balance of the employee's accumulated vacation
32-13    leave, if the employee's employment with the state is uninterrupted
32-14    and if the employee is not paid for the leave under Section
32-15    661.062.
32-16          Sec. 661.154.  VACATION LEAVE FOR LEGISLATIVE EMPLOYEES.
32-17    Vacation leave for employees of the legislative branch, including
32-18    employees of the lieutenant governor, is determined as follows:
32-19                (1)  for employees of either house of the legislature,
32-20    a member of the legislature, or the lieutenant governor, by the
32-21    presiding officer of the appropriate house of the legislature; and
32-22                (2)  for employees of a legislative agency, by the
32-23    administrative head of the agency.
 33-1           (Sections 661.155 to 661.200 reserved for expansion
 33-2        SUBCHAPTER G.  GENERAL PROVISIONS FOR SICK LEAVE FOR STATE
 33-3                                 EMPLOYEES
 33-4          Sec. 661.201.  APPLICABILITY.  (a)  Sick leave for employees
 33-5    of the legislative branch, including employees of the lieutenant
 33-6    governor, is determined as follows:
 33-7                (1)  for employees of either house of the legislature,
 33-8    a member of the legislature, or the lieutenant governor, by the
 33-9    presiding officer of the appropriate house of the legislature; and
33-10                (2)  for employees of a legislative agency, by the
33-11    administrative head of the agency.
33-12          (b)  An employee of an institution of higher education as
33-13    defined by Section 61.003, Education Code, is eligible to accrue or
33-14    take paid sick leave under this subchapter only if the employee:
33-15                (1)  is employed to work at least 20 hours per week for
33-16    a period of at least four and one-half months; and
33-17                (2)  is not employed in a position for which the
33-18    employee is required to be a student as a condition of the
33-19    employment.
33-20          Sec. 661.202.  ENTITLEMENT TO SICK LEAVE; GENERAL PROVISIONS
33-21    AND PROCEDURES.  (a)  A state employee is entitled to sick leave
33-22    without a deduction in salary in accordance with this subchapter.
33-23          (b)  An employee accrues sick leave beginning on the first
33-24    day of state employment and ending on the last day of state
33-25    employment.  An employee is entitled to be credited for one month's
33-26    accrual of sick leave at the rate specified by Subsection (c) for
 34-1    each month of employment with the state beginning on the first day
 34-2    of employment with the state and on the first calendar day of each
 34-3    succeeding month of state employment.
 34-4          (c)  Sick leave entitlement for a full-time employee accrues
 34-5    at the rate of eight hours for each month of state employment.  A
 34-6    part-time employee accrues sick leave on a proportionate basis.  An
 34-7    employee who is employed by the state during any part of a calendar
 34-8    month accrues sick leave entitlement for the entire calendar month.
 34-9    Sick leave accumulates with the unused amount of sick leave carried
34-10    forward each month.
34-11          (d)  Sick leave with pay may be taken when sickness, injury,
34-12    or pregnancy and confinement prevent the employee's performance of
34-13    duty or when the employee is needed to care for and assist a member
34-14    of the employee's immediate family who is sick.  For purposes of
34-15    taking regular sick leave with pay, the following persons are
34-16    considered to be members of the employee's immediate family:
34-17                (1)  an individual who resides in the same household as
34-18    the employee and is related to the employee by kinship, adoption,
34-19    or marriage;
34-20                (2)  a foster child of the employee who resides in the
34-21    same household as the employee and who is under the conservatorship
34-22    of the Department of Protective and Regulatory Services; and
34-23                (3)  a minor child of the employee, regardless of
34-24    whether the child lives in the same household.
34-25          (e)  An employee's use of sick leave to care for and assist
34-26    members of the employee's family who are not described by
 35-1    Subsection (d) is strictly limited to the time necessary to provide
 35-2    care and assistance to a spouse, adult child, or parent of the
 35-3    employee who needs the care and assistance as a direct result of a
 35-4    documented medical condition.
 35-5          (f)  An employee who must be absent from duty because of
 35-6    sickness, injury, or pregnancy and confinement shall notify the
 35-7    employee's supervisor or have the supervisor notified of that fact
 35-8    at the earliest practicable time.
 35-9          (g)  To be eligible to take accumulated sick leave without a
35-10    deduction in salary during a continuous period of more than three
35-11    working days, an employee absent due to sickness, injury, or
35-12    pregnancy and confinement shall send to the administrative head of
35-13    the employing agency a doctor's certificate showing the cause or
35-14    nature of the condition or another written statement of the facts
35-15    concerning the condition that is acceptable to the administrative
35-16    head.  The administrative head of an agency may require a doctor's
35-17    certificate or other written statement of the facts for sick leave
35-18    without a deduction in salary taken during a continuous period of
35-19    three or fewer working days.
35-20          (h)  On returning to duty after taking sick leave, the
35-21    employee shall without delay complete the prescribed application
35-22    for sick leave and send the application in the manner prescribed by
35-23    the agency to the appropriate authority for approving the
35-24    application.
35-25          (i)  The administrative head of an agency that is in
35-26    compliance with Subsection (j) may authorize an exception to the
 36-1    amount of sick leave an employee may take after a review of the
 36-2    individual's particular circumstances.  A statement of all
 36-3    authorized exceptions and the reasons for the exceptions shall be
 36-4    attached to the state agency's duplicate payroll voucher for the
 36-5    payroll period affected by the authorized exceptions.
 36-6          (j)  A state agency shall file a written statement with the
 36-7    state auditor covering the policies and procedures for an extension
 36-8    of leave under Subsection (i) and shall make the statement
 36-9    available to all agency employees.
36-10          Sec. 661.203.  FACULTY AT INSTITUTIONS OF HIGHER EDUCATION.
36-11    A faculty member at an institution of higher education as defined
36-12    by Section 61.003, Education Code, must submit prescribed leave
36-13    forms for all sick leave the faculty member takes if the absence
36-14    occurs during the normal workday for regular employees, even if no
36-15    classes are missed.
36-16          Sec. 661.204.  TRANSFER OF SICK LEAVE BALANCE.  A state
36-17    employee who transfers directly from one state agency to another is
36-18    entitled to credit by the agency to which the employee transfers
36-19    for the unused balance of the employee's accumulated sick leave, if
36-20    the employee's employment with the state is uninterrupted.
36-21          Sec. 661.205.  RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN
36-22    CERTAIN CIRCUMSTANCES.  (a)  An employee who separates from
36-23    employment with the state under a formal reduction in force is
36-24    entitled to have the employee's sick leave balance restored if the
36-25    employee is reemployed by the state within 12 months after the end
36-26    of the month in which the employee separates from state employment.
 37-1          (b)  An employee who separates from employment with the state
 37-2    for a reason other than that described by Subsection (a) is
 37-3    entitled to have the employee's sick leave balance restored if:
 37-4                (1)  the employee is reemployed by the same state
 37-5    agency or institution of higher education within 12 months after
 37-6    the end of the month in which the employee separates from state
 37-7    employment, but only if there has been a break in employment with
 37-8    the state of at least 30 calendar days; or
 37-9                (2)  the employee is reemployed by a different state
37-10    agency or institution of higher education within 12 months after
37-11    the end of the month in which the employee separates from state
37-12    employment.
37-13          Sec. 661.206.  PARENT-TEACHER CONFERENCE:  USE OF SICK LEAVE.
37-14    (a)  This section applies to an employee who is a parent of a child
37-15    who is a student attending a grade from prekindergarten through
37-16    12th grade.
37-17          (b)  An employee may use up to eight hours of sick leave each
37-18    calendar year to attend parent-teacher conference sessions for the
37-19    employee's children.
37-20          (c)  An employee shall give reasonable advance notice of the
37-21    employee's intention to use the sick leave to attend a
37-22    parent-teacher conference.
37-23          (d)  In this section:
37-24                (1)  "Employee" has the meaning assigned by Section
37-25    661.001.
37-26                (2)  "Parent" means a person standing in parental
 38-1    relation.
 38-2           (Sections 661.207 to 661.900 reserved for expansion
 38-3     SUBCHAPTER Z.  MISCELLANEOUS LEAVE PROVISIONS FOR STATE EMPLOYEES
 38-4          Sec. 661.901.  APPLICABILITY.  (a)  This subchapter applies
 38-5    only to a state employee employed in the executive or judicial
 38-6    branch of state government.
 38-7          (b)  The leave policies for employees of the legislative
 38-8    branch, including employees of the lieutenant governor, are
 38-9    determined as follows:
38-10                (1)  for employees of either house of the legislature,
38-11    a member of the legislature, or the lieutenant governor, by the
38-12    presiding officer of the appropriate house of the legislature; and
38-13                (2)  for employees of a legislative agency, by the
38-14    administrative head of the agency.
38-15          (c)  An employee of an institution of higher education as
38-16    defined by Section 61.003, Education Code, is eligible to accrue or
38-17    take paid leave under this subchapter only if the employee:
38-18                (1)  is employed to work at least 20 hours per week for
38-19    a period of at least four and one-half months; and
38-20                (2)  is not employed in a position for which the
38-21    employee is required to be a student as a condition of the
38-22    employment.
38-23          Sec. 661.902.  EMERGENCY LEAVE.  (a)  A state employee is
38-24    entitled to emergency leave without a deduction in salary because
38-25    of a death in the employee's family.  The death of the employee's
38-26    spouse or of a parent, brother, sister, grandparent, grandchild, or
 39-1    child of the employee or of the employee's spouse is considered to
 39-2    be a death in the employee's family for purposes of this
 39-3    subsection.
 39-4          (b)  The administrative head of an agency may determine that
 39-5    a reason other than that described by Subsection (a) is sufficient
 39-6    for granting emergency leave and shall grant an emergency leave to
 39-7    an employee who the administrative head determines has shown good
 39-8    cause for taking emergency leave.
 39-9          Sec. 661.903.  NATIONAL GUARD EMERGENCY.  A state employee
39-10    who is called to active duty as a member of the Texas National
39-11    Guard by the governor because of an emergency is entitled to a
39-12    leave of absence without a deduction in salary in accordance with
39-13    Section 431.0825.
39-14          Sec. 661.904.  MILITARY LEAVE DURING NATIONAL EMERGENCY.
39-15    (a)  An employee called to active duty during a national emergency
39-16    to serve in a reserve component of the armed forces of the United
39-17    States is entitled to an unpaid leave of absence.
39-18          (b)  The employee continues to accrue state service credit
39-19    for purposes of longevity pay while on military duty described by
39-20    Subsection (a)  but does not accrue vacation or sick leave during
39-21    that time.
39-22          (c)  The employee retains any accrued vacation or sick leave
39-23    and is entitled to be credited with those balances on return to
39-24    state employment from military duty described by Subsection (a).
39-25          Sec. 661.905.  VOLUNTEER FIREFIGHTERS.  (a)  A state employee
39-26    who is a volunteer firefighter is entitled to a leave of absence
 40-1    without a deduction in salary to attend fire service training
 40-2    conducted by a state agency or institution of higher education.
 40-3    Leave without a deduction in salary under this subsection may not
 40-4    exceed five working days in a fiscal year.
 40-5          (b)  A state agency or institution of higher education may
 40-6    grant leave without a deduction in salary to a volunteer
 40-7    firefighter for the purpose of allowing the firefighter to respond
 40-8    to emergency fire situations if the agency or institution has an
 40-9    established policy for granting that leave.
40-10          Sec. 661.906.  FOSTER PARENTS.  A state employee who is a
40-11    foster parent to a child under the conservatorship of the
40-12    Department of Protective and Regulatory Services is entitled to a
40-13    leave of absence without a deduction in salary for the purpose of
40-14    attending:
40-15                (1)  meetings held by the Department of Protective and
40-16    Regulatory Services regarding the child under the foster care of
40-17    the employee; or
40-18                (2)  an admission, review, and dismissal meeting held
40-19    by a school district regarding the child under the foster care of
40-20    the employee.
40-21          Sec. 661.907.  RED CROSS DISASTER SERVICE VOLUNTEER.  (a)  A
40-22    state employee who is a certified disaster service volunteer of the
40-23    American Red Cross or who is in training to become such a volunteer
40-24    may be granted leave not to exceed 10 days each fiscal year to
40-25    participate in specialized disaster relief services for the
40-26    American Red Cross without a deduction in salary or loss of
 41-1    vacation time, sick leave, earned overtime credit, or state
 41-2    compensatory time if the leave is taken:
 41-3                (1)  on the request of the American Red Cross;
 41-4                (2)  with the authorization of the employee's
 41-5    supervisor; and
 41-6                (3)  with the approval of the governor.
 41-7          (b)  The number of certified disaster service volunteers who
 41-8    are eligible for leave under this section may not exceed 350 state
 41-9    employees at any one time during a fiscal year.  The division of
41-10    emergency management in the governor's office shall coordinate the
41-11    establishment and maintenance of the list of eligible employees.
41-12          (c)  Not later than the 60th day after the date the American
41-13    Red Cross makes a request under Subsection (a)(1), the American Red
41-14    Cross shall prepare a report for the Legislative Budget Board
41-15    stating the reasons for the request.
41-16          Sec. 661.908.  LEAVE RECORDS; TIME AND ATTENDANCE RECORDS.
41-17    The administrative head or governing body of each state agency
41-18    shall require for each employee:
41-19                (1)  time and attendance records;
41-20                (2)  a record of the accrual and taking of vacation and
41-21    sick leave;
41-22                (3)  a record of the reason an employee takes leave if
41-23    other law requires the employee to inform the agency of the reason;
41-24    and
41-25                (4)  a record that shows whether any leave taken is
41-26    accounted for as sick leave, vacation leave, other paid leave,
 42-1    leave without pay, or other absence.
 42-2          Sec. 661.909.  LEAVE WITHOUT PAY; LEAVE OF ABSENCE.  (a)  A
 42-3    state agency or institution of higher education may grant employees
 42-4    leave without pay, including a leave of absence without pay, in
 42-5    accordance with this section.
 42-6          (b)  The duration of the leave may not exceed 12 months.
 42-7          (c)  Except for disciplinary suspensions, active military
 42-8    duty, and leave covered by workers' compensation benefits, all
 42-9    accumulated paid leave entitlements must be used before going on
42-10    leave without pay status.  Sick leave must first be used only if
42-11    the employee is taking leave for a reason for which the employee is
42-12    eligible to take sick leave under Subchapter G.
42-13          (d)  Subject to fiscal constraints, approval of the leave
42-14    constitutes a guarantee of reemployment at the conclusion of the
42-15    specified leave period.
42-16          (e)  The administrative head of a state agency or institution
42-17    of higher education may grant exceptions to the limitations of this
42-18    section if the employee is taking the leave for a reason such as:
42-19                (1)  to work for another state governmental entity
42-20    under an interagency agreement; or
42-21                (2)  educational purposes.
42-22          (f)  Except for an employee who returns to state employment
42-23    from military leave without pay under Section 661.904, a full
42-24    calendar month during which an employee is on leave without pay is
42-25    not counted in computing:
42-26                (1)  total state service for purposes related to
 43-1    longevity pay or to the rate of accrual of vacation leave; or
 43-2                (2)  continuous state service for purposes related to
 43-3    merit salary provisions or vacation leave.
 43-4          (g)  An employee does not accrue vacation or sick leave for a
 43-5    full calendar month during which the employee is on leave without
 43-6    pay.
 43-7          (h)  A full or partial calendar month during which an
 43-8    employee is on leave without pay does not constitute a break in
 43-9    continuity of employment.
43-10          Sec. 661.910.  ASSISTANCE DOG TRAINING FOR EMPLOYEES WITH A
43-11    DISABILITY.  (a)  A state employee who is a person with a
43-12    disability, as defined by Section 121.002, Human Resources Code, is
43-13    entitled to a leave of absence without a deduction in salary for
43-14    the purpose of attending a training program to acquaint the
43-15    employee with an assistance dog to be used by the employee.
43-16          (b)  The leave of absence provided by this section may not
43-17    exceed 10 working days in a fiscal year.
43-18          Sec. 661.911.  ADMINISTRATIVE LEAVE WITH PAY.  (a)  In
43-19    addition to employee leave authorized elsewhere in this chapter,
43-20    the administrative head of an agency may grant administrative leave
43-21    without a deduction in salary to an employee as a reward for
43-22    outstanding performance as documented by employee performance
43-23    appraisals.
43-24          (b)  The total amount of administrative leave an employee may
43-25    be granted under this section may not exceed 32 hours during a
43-26    fiscal year.
 44-1          Sec. 661.912.  FAMILY AND MEDICAL LEAVE ACT.  (a)  To the
 44-2    extent required by federal law, a state employee who has a total of
 44-3    at least 12 months of state service and who has worked at least
 44-4    1,250 hours during the 12-month period preceding the beginning of
 44-5    leave under this section is entitled to leave under the federal
 44-6    Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
 44-7    seq.).
 44-8          (b)  The employee must first use all available and applicable
 44-9    paid vacation and sick leave while taking leave under this section,
44-10    except that an employee who is receiving temporary disability
44-11    benefits or workers' compensation benefits is not required to first
44-12    use applicable paid vacation or sick leave while receiving those
44-13    benefits.
44-14          Sec. 661.913.  PARENTAL LEAVE FOR CERTAIN EMPLOYEES.  (a)  A
44-15    state employee who has been employed for fewer than 12 months by
44-16    the state or who worked fewer than 1,250 hours during the 12-month
44-17    period preceding the beginning of leave under this section is
44-18    eligible to take a parental leave of absence not to exceed 12 weeks
44-19    in accordance with this section.
44-20          (b)  The employee must first use all available and applicable
44-21    paid vacation and sick leave while taking the leave, and the
44-22    remainder of the leave is unpaid.
44-23          (c)  The leave authorized by this section is limited to, and
44-24    begins on the date of, the birth of a natural child of the employee
44-25    or the adoption by or foster care placement with the employee of a
44-26    child younger than three years of age.
 45-1          Sec. 661.914.  VOTING BY STATE EMPLOYEES.  A state agency
 45-2    shall allow each agency employee sufficient time off, without a
 45-3    deduction in salary or accrued leave, to vote in each national,
 45-4    state, or local election.
 45-5          SECTION 20.  Subsection (b), Section 662.003, Government
 45-6    Code, is amended to read as follows:
 45-7          (b)  A state holiday includes only the following days:
 45-8                (1)  the 19th day of January, "Confederate Heroes Day,"
 45-9    in honor of Jefferson Davis, Robert E. Lee, and other Confederate
45-10    heroes;
45-11                (2)  the second day of March, "Texas Independence Day";
45-12                (3)  the 21st day of April, "San Jacinto Day";
45-13                (4)  the 19th day of June, "Emancipation Day in Texas,"
45-14    in honor of the emancipation of the slaves in Texas in 1865;
45-15                (5)  the 27th day of August, "Lyndon Baines Johnson
45-16    Day," in observance of the birthday of Lyndon Baines Johnson;
45-17                (6)  [every day on which an election is held throughout
45-18    the state;]
45-19                [(7)]  the Friday after Thanksgiving Day;
45-20                (7) [(8)]  the 24th day of December; and
45-21                (8) [(9)]  the 26th day of December.
45-22          SECTION 21.  Subsection (a), Section 662.004, Government
45-23    Code, is amended to read as follows:
45-24          (a)  A state agency and an institution of higher education as
45-25    defined by Section 61.003, Education Code, shall have enough
45-26    employees on duty during a state holiday to conduct the public
 46-1    business of the agency or institution.
 46-2          SECTION 22.  Section 662.007, Government Code, is amended by
 46-3    adding Subsection (c) to read as follows:
 46-4          (c)  An institution of higher education as defined by Section
 46-5    61.003, Education Code, may allow an employee who is required to
 46-6    work on a national or state holiday that does not fall on a
 46-7    Saturday or Sunday to take compensatory time off in accordance with
 46-8    this section or may instead pay the employee at the employee's
 46-9    regular rate of pay for that time if the institution determines
46-10    that allowing compensatory time off would disrupt normal teaching,
46-11    research, or other critical functions.
46-12          SECTION 23.  Subchapter A, Chapter 662, Government Code, is
46-13    amended by adding Section 662.0072 to read as follows: 
46-14          Sec. 662.0072.  TRANSFERRING EMPLOYEE:  PAYMENT FOR HOLIDAY.
46-15    If a state or national holiday that does not fall on a Saturday or
46-16    Sunday occurs between the dates that a state employee transfers
46-17    from one state agency to another without a break in service, the
46-18    agency to which the employee transfers is responsible for paying
46-19    the employee for the holiday.
46-20          SECTION 24.  Section 662.011, Government Code, is amended by
46-21    amending Subsection (a) and adding Subsection (c) to read as
46-22    follows:
46-23          (a)  The governing body of an institution of higher
46-24    education, as defined by Section 61.003, Education Code, other than
46-25    a public junior college as defined by that section, may establish
46-26    the holiday schedule for the institution, subject to any applicable
 47-1    limitation on the observance of holidays prescribed by the General
 47-2    Appropriations Act.
 47-3          (c)  An employee of the institution is eligible to take paid
 47-4    holiday leave only if the employee:
 47-5                (1)  is scheduled to work at least 20 hours per week
 47-6    for a period of at least four and one-half months; and
 47-7                (2)  is not employed in a position for which the
 47-8    employee is required to be a student as a condition of the
 47-9    employment.
47-10          SECTION 25.  Subtitle B, Title 6, Government Code, is amended
47-11    by adding Chapter 666 to read as follows:
47-12               CHAPTER 666.  MULTIPLE EMPLOYMENTS WITH STATE
47-13          Sec. 666.001.  GENERAL PROVISIONS.  (a)  This chapter applies
47-14    to a person who is or may become employed by more than one state
47-15    agency or institution of higher education.
47-16          (b)  A person who is employed by more than one state agency
47-17    or institution of higher education may not receive benefits from
47-18    the state that exceed the benefits provided for one full-time
47-19    employee.
47-20          (c)  The person must be informed of the requirements of this
47-21    chapter before the person is employed by more than one agency or
47-22    institution.
47-23          Sec. 666.002.  SEPARATE RECORDS REQUIRED.  Separate vacation
47-24    and sick leave records must be maintained for each employment.
47-25          Sec. 666.003.  TRANSFER OF LEAVE BALANCES PROHIBITED.  If the
47-26    person separates from one employment, the person's leave balances
 48-1    that were accrued under that employment may not be transferred to
 48-2    the remaining employments.
 48-3          Sec. 666.004.  ACCRUAL OF STATE SERVICE CREDIT.  The person
 48-4    accrues state service credit for all purposes as if the person had
 48-5    only one employment.
 48-6          Sec. 666.005.  GROUP INSURANCE CONTRIBUTION.  The total state
 48-7    contribution toward the person's group insurance is limited to the
 48-8    amount specified in the General Appropriations Act for a full-time
 48-9    active employee.
48-10          Sec. 666.006.  OVERTIME COMPENSATION.  (a)  Overtime
48-11    compensation accrues for each employment independently of every
48-12    other employment, except as provided by Subsection (b).
48-13          (b)  If the person is subject to the overtime provisions of
48-14    the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
48-15    et seq.) in an employment, the employing agencies and institutions
48-16    of higher education shall ensure that the person is compensated for
48-17    all combined time actually worked that exceeds 40 hours per week in
48-18    accordance with the overtime provisions of the federal law.  The
48-19    agencies and institutions shall cooperate to determine which agency
48-20    or institution is responsible for ensuring that the employee is
48-21    properly compensated according to those provisions.
48-22          Sec. 666.007.  INFORMING EMPLOYER ABOUT MULTIPLE EMPLOYMENT.
48-23    The person must inform the person's employing state agencies or
48-24    institutions of higher education before accepting an additional
48-25    employment with another agency or institution.
48-26          Sec. 666.008.  SPECIAL PROVISIONS FOR LEGISLATIVE AGENCIES.
 49-1    If a person's multiple employment involves only legislative
 49-2    agencies and all employments are less than full-time, the person
 49-3    may use paid leave from leave balances in all employments, and on
 49-4    separating from one  employment, leave balances accrued under that
 49-5    employment will be transferred to the remaining employments.
 49-6          Sec. 666.009.  SPECIAL PROVISIONS FOR UNIVERSITY SYSTEMS.
 49-7    (a)  A university system as defined by Section 61.003, Education
 49-8    Code, may establish a policy that defines a person's employment as
 49-9    the total hours the person is assigned:
49-10                (1)  to one component of the system; or
49-11                (2)  to all components of the system.
49-12          (b)  The policy may apply to a person only if the person is
49-13    employed by more than one institution of higher education and all
49-14    the employing institutions are within the same university system.
49-15          SECTION 26.  This section provides, for information purposes
49-16    only, a derivation table for provisions of the General
49-17    Appropriations Act that are codified in general law by other
49-18    sections of this Act.  The first column identifies the codified
49-19    law; all references are to the Government Code unless otherwise
49-20    expressly noted.  The second column identifies for each codified
49-21    law the applicable source provision in Article IX of the General
49-22    Appropriations Act for the fiscal biennium ending August 31, 1999
49-23    (Chapter 1452, Acts of the 75th Legislature, Regular Session,
49-24    1997).
49-25               Codified Law                       Source Provision
49-26    Sec. 651.005                            Sec. 1.9
 50-1    Sec. 654.0125                           Sec. 1.15
 50-2    Sec. 654.014                            Sec. 1.16.a, 2nd sent.
 50-3    Sec. 654.0155                           Secs. 1.4.b, d
 50-4    Sec. 654.0156                           Sec. 1.4.a
 50-5    Sec. 656.026                            Sec. 157
 50-6    Sec. 658.005(a)                         Sec. 8.1
 50-7    Sec. 658.006                            Sec. 8.2
 50-8    Sec. 658.008                            Sec. 8.6
 50-9    Sec. 658.009                            Sec. 1.12 (part)
50-10    Sec. 658.010                            Sec. 8.3
50-11    Sec. 659.002(d)                         Sec. 3, 1st par., 1st 2
50-12                                             sent.
50-13    Sec. 659.004                            Sec. 1.19
50-14    Sec. 659.005(a)                         Sec. 2.3
50-15    Secs. 659.005(b)-(e)                    Sec. 2.4
50-16    Sec. 659.006                            Sec. 3, 1st par., last
50-17                                             sent.
50-18    Sec. 659.015                            Secs. 2.6.a, 2.6.c
50-19    Sec. 659.016                            Secs. 2.6.b, 2.6.c
50-20    Sec. 659.017                            Sec. 2.6.e
50-21    Sec. 659.018                            Sec. 2.6.d
50-22    Sec. 659.019                            Sec. 1.12 (part)
50-23    Sec. 659.020                            Sec. 1.14 (part)
50-24    Sec. 659.021                            Sec. 1.16.a, 3rd sent.,
50-25                                             1st clause
50-26    Secs. 659.081, 659.082                  Sec. 2.1, 1st sent.
 51-1                                             (part)
 51-2    Sec. 659.085                            Sec. 2.1, last 4 sent.
 51-3    Secs. 659.251-659.253                   Sec. 1.2
 51-4    Sec. 659.254                            Secs. 1.3, 1.4.c
 51-5    Sec. 659.255                            Sec. 1.5
 51-6    Sec. 659.256                            Sec. 1.6
 51-7    Sec. 659.257                            Sec. 1.7
 51-8    Sec. 659.258                            Sec. 1.8
 51-9    Sec. 659.259                            Sec. 1.10
51-10    Secs. 659.260(a), (b), (c), (e)         Sec. 1.11
51-11    Sec. 659.260(d)                         Sec. 1.16.a, 3rd sent.,
51-12                                             last clause
51-13    Sec. 659.261                            Sec. 1.16.b
51-14    Sec. 661.033(c)                         Sec. 9.6
51-15    Secs. 661.062(a), (b)                   Sec. 9.1, last 2 sent.
51-16    Sec. 661.062(f)                         Sec. 9.9 (part)
51-17    Sec. 661.151                            Sec. 9.8
51-18    Sec. 661.152                            Sec. 9.1, 1st 7 par.
51-19    Sec. 661.153                            Sec. 9.5 (part)
51-20    Sec. 661.154                            Sec. 9.9 (part)
51-21    Sec. 661.201(a)                         Sec. 9.9 (part)
51-22    Sec. 661.201(b)                         Sec. 9.3, last par.
51-23                                             (part)
51-24    Sec. 661.202                            Sec. 9.2, except last
51-25                                             sent.
51-26    Sec. 661.203                            Sec. 9.2, last sent.
 52-1    Sec. 661.204                            Sec. 9.5 (part)
 52-2    Sec. 661.205                            Sec. 9.10
 52-3    Secs. 661.901(a), (b)                   Sec. 9.9 (part)
 52-4    Sec. 661.901(c)                         Sec. 9.3, last par.
 52-5                                             (part)
 52-6    Sec. 661.902                            Sec. 9.3, 1st par.
 52-7    Sec. 661.903                            Sec. 9.4, 1st par.
 52-8    Sec. 661.904                            Sec. 9.4, 3rd par.
 52-9    Sec. 661.905                            Sec. 9.4, 4th par.
52-10    Sec. 661.906                            Sec. 9.4, 5th par.
52-11    Sec. 661.907                            Sec. 9.4, 6th par.
52-12    Sec. 661.908                            Sec. 9.7
52-13    Sec. 661.909                            Sec. 9.11
52-14    Sec. 661.910                            Sec. 9.12
52-15    Sec. 661.911                            Sec. 9.13
52-16    Sec. 661.912                            Sec. 9.14.a
52-17    Sec. 661.913                            Sec. 9.14.b
52-18    Sec. 661.914                            Sec. 8.5 (part)
52-19    Sec. 662.003(b)                         Sec. 8.5 (part)
52-20    Sec. 662.004(a)                         Sec. 8.4, 3rd par., 1st
52-21                                             sent.
52-22    Sec. 662.007                            Sec. 8.4, 4th par. (part)
52-23    Sec. 662.0072                           Sec. 8.4, 7th par.
52-24    Sec. 662.011(c)                         Sec. 8.4, 2nd par.
52-25    Sec. 666.001                            Sec. 10.1, 1st par.
52-26    Secs. 666.002-666.003                   Sec. 10.1.a
 53-1    Sec. 666.004                            Sec. 10.1.b
 53-2    Sec. 666.005                            Sec. 10.1.d
 53-3    Sec. 666.006                            Sec. 10.1.e
 53-4    Sec. 666.007                            Sec. 10.1.f
 53-5    Sec. 666.008                            Sec. 10.2
 53-6    Sec. 666.009                            Sec. 10.3
 53-7          SECTION 27.  This Act takes effect September 1, 1999.
 53-8          SECTION 28.  The importance of this legislation and the
 53-9    crowded condition of the calendars in both houses create an
53-10    emergency and an imperative public necessity that the
53-11    constitutional rule requiring bills to be read on three several
53-12    days in each house be suspended, and this rule is hereby suspended.