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.