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. To ensure that
3-6 each position is properly classified, each employing state entity
3-7 subject to this chapter:
3-8 (1) shall annually review individual job assignments
3-9 within the entity; and
3-10 (2) may perform a monthly review of job assignments.
3-11 Sec. 654.0156. RECLASSIFICATION. (a) An employing state
3-12 entity subject to this chapter may reclassify a position to another
3-13 title in the position classification plan:
3-14 (1) in response to a classification review; or
3-15 (2) as a result of a program reorganization by the
3-16 administrative head of the employing state entity.
3-17 (b) The sole purpose of a reclassification is to properly
3-18 classify a position and define its duties under this chapter based
3-19 on the duties currently performed by an employee holding the
3-20 reclassified position. A reclassification therefore does not
3-21 indicate that the employee's assigned duties should or will be
3-22 changed.
3-23 (c) A reclassification may take effect at any time.
3-24 SECTION 5. Subchapter B, Chapter 656, Government Code, is
3-25 amended by adding Section 656.026 to read as follows:
3-26 Sec. 656.026. JOB NOTICE POSTING WAIVER. A state agency is
4-1 not required to comply with the requirements of this subchapter or
4-2 Subchapter A when the agency transfers or reassigns an employee as
4-3 part of a reorganization or merger mandated by the legislature if
4-4 the executive head of the agency certifies that the transfer or
4-5 reassignment is necessary for the proper implementation of the
4-6 reorganization or merger.
4-7 SECTION 6. Subsection (a), Section 658.005, Government Code,
4-8 is amended to read as follows:
4-9 (a) Normal office hours of a state agency are from 8 a.m. to
4-10 5 p.m., Monday through Friday. These hours are the regular working
4-11 hours for a full-time state employee. The offices of a state
4-12 agency shall remain open during the noon hour each working day with
4-13 at least one person on duty to accept calls, receive visitors, or
4-14 transact business.
4-15 SECTION 7. Sections 658.001 and 658.006, Government Code,
4-16 are amended to read as follows:
4-17 Sec. 658.001. Definitions. In this chapter:
4-18 (1) "Full-time state employee" means a person employed
4-19 by a state agency who, if not participating in a voluntary work
4-20 reduction program under Section 658.003, is required to work for
4-21 the agency not less than 40 hours a week.
4-22 (2) "State agency" means:
4-23 (A) a board, commission, department,
4-24 institution, office, or other agency in the executive branch of
4-25 state government that is created by the constitution or a statute
4-26 of this state, including an institution of higher education as
5-1 defined by Section 61.003, Education Code; or
5-2 (B) the Supreme Court of Texas, the Texas Court
5-3 of Criminal Appeals, a court of appeals, or other agency in the
5-4 judicial branch.
5-5 Sec. 658.006. STAGGERED WORKING HOURS[; CAPITOL AREA IN
5-6 AUSTIN]. Normal working hours for employees of a state agency [in
5-7 the Capitol area in Austin] may be staggered [as authorized by the
5-8 General Appropriations Act] for traffic regulation or public
5-9 safety.
5-10 SECTION 8. Chapter 658, Government Code, is amended by
5-11 adding Sections 658.008, 658.009, and 658.010 to read as follows:
5-12 Sec. 658.008. MEMBERS OF NATIONAL GUARD OR RESERVE. To
5-13 facilitate participation in military duties by state employees,
5-14 each state agency shall adjust the work schedule of any employee
5-15 who is a member of the Texas National Guard or the United States
5-16 Armed Forces Reserve so that two of the employee's days off work
5-17 each month coincide with two days of military duty to be performed
5-18 by the employee.
5-19 Sec. 658.009. PART-TIME EMPLOYMENT. A state agency may fill
5-20 a regular full-time position with one or more part-time employees:
5-21 (1) without regard to whether the position is subject
5-22 to or exempt from the state's position classification plan; and
5-23 (2) subject to Section 659.019.
5-24 Sec. 658.010. PLACE WHERE WORK PERFORMED. (a) An employee
5-25 of a state agency shall, during normal office hours, conduct agency
5-26 business only at the employee's regular or assigned temporary place
6-1 of employment unless the employee:
6-2 (1) is travelling; or
6-3 (2) received prior written authorization from the
6-4 administrative head of the employing state agency to perform work
6-5 elsewhere.
6-6 (b) The employee's personal residence may not be considered
6-7 the employee's regular or assigned temporary place of employment
6-8 without prior written authorization from the administrative head of
6-9 the employing state agency.
6-10 SECTION 9. Section 659.002, Government Code, is amended by
6-11 adding Subsection (d) to read as follows:
6-12 (d) The state shall withhold money from salaries and wages
6-13 paid to state officers and employees in accordance with applicable
6-14 federal law, including federal law relating to withholding for
6-15 purposes of the federal income tax. The state shall make any
6-16 required employer contributions in accordance with applicable
6-17 federal law. The comptroller shall make payments in accordance
6-18 with this subsection.
6-19 SECTION 10. Subchapter A, Chapter 659, Government Code, is
6-20 amended by adding Sections 659.004, 659.005, and 659.006 to read as
6-21 follows:
6-22 Sec. 659.004. PAYROLL AND PERSONNEL REPORTING. (a) In this
6-23 section, "state agency" has the meaning assigned by Section
6-24 658.001.
6-25 (b) The comptroller, in consultation with the state auditor,
6-26 shall adopt rules that prescribe uniform procedures for payroll and
7-1 personnel reporting for all state agencies and that are designed
7-2 to:
7-3 (1) facilitate the auditing of payrolls;
7-4 (2) facilitate a classification compliance audit under
7-5 Chapter 654;
7-6 (3) assure conformity with this chapter and the
7-7 General Appropriations Act; and
7-8 (4) provide the legislative audit committee with
7-9 current information on employment and wage rate practices in state
7-10 government.
7-11 Sec. 659.005. WITNESS FEES; JURY SERVICE. (a) A deduction
7-12 may not be made from the salary or wages of a state employee
7-13 because the employee is called for jury service, including a
7-14 deduction for any fee or compensation the employee receives for the
7-15 jury service.
7-16 (b) A state officer or employee who appears as a witness in
7-17 an official capacity in a judicial proceeding or legislative
7-18 hearing may not accept or receive a witness fee for the appearance.
7-19 (c) A state officer or employee who appears as a witness, in
7-20 a capacity other than as a state officer or employee, in a judicial
7-21 proceeding or legislative hearing to testify from personal
7-22 knowledge concerning matters related to the proceeding or hearing
7-23 is entitled to receive any customary witness fees for the
7-24 appearance.
7-25 (d) A state officer or employee who appears as an expert
7-26 witness in a judicial proceeding or legislative hearing may accept
8-1 compensation for the appearance only if the person is not also
8-2 compensated by the state for the person's time in making the
8-3 appearance and may accept reimbursement for travel expenses only if
8-4 the expenses are not reimbursed by the state. For purposes of this
8-5 subsection, paid leave is not considered time compensated by the
8-6 state.
8-7 (e) A state officer or employee may receive reimbursement
8-8 for travel and a per diem or reimbursement for expenses connected
8-9 to an appearance in an official capacity as a witness in a judicial
8-10 proceeding or legislative hearing only from the state or the
8-11 judicial body, but not from both the state and the judicial body.
8-12 Sec. 659.006. ADJUSTMENT FOR INACCURATE PAYMENT. The
8-13 comptroller by rule shall prescribe procedures for state agencies
8-14 to follow in making adjustments to payrolls for the pay period
8-15 immediately following the period in which an inaccurate payment or
8-16 deduction is made or in which other error occurs.
8-17 SECTION 11. The heading to Subchapter B, Chapter 659,
8-18 Government Code, is amended to read as follows:
8-19 SUBCHAPTER B. SALARY AMOUNTS; OVERTIME AND
8-20 COMPENSATORY TIME
8-21 SECTION 12. Subchapter B, Chapter 659, Government Code, is
8-22 amended by adding Sections 659.015, 659.016, 659.017, 659.018,
8-23 659.019, 659.020, 659.021, 659.022, and 659.023 to read as follows:
8-24 Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO
8-25 FAIR LABOR STANDARDS ACT. (a) This section applies only to a
8-26 state employee who is subject to the overtime provisions of the
9-1 federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
9-2 seq.) and who is not an employee of the legislature, including an
9-3 employee of the lieutenant governor, or of a legislative agency.
9-4 (b) The employee is entitled to compensation for overtime as
9-5 provided by federal law and this section. To the extent that this
9-6 section and federal law prescribe a different rule for the same
9-7 circumstance, federal law controls without regard to whether this
9-8 section or federal law prescribes a stricter rule.
9-9 (c) An employee who is required to work hours in excess of
9-10 40 hours in a workweek is entitled to compensation for the excess
9-11 hours either by:
9-12 (1) the agency allowing or requiring the employee to
9-13 take compensatory time off at the rate of 1-1/2 hours off for each
9-14 hour of overtime; or
9-15 (2) at the discretion of the employing agency, in
9-16 cases in which granting compensatory time off is impractical, the
9-17 employee receiving pay for the overtime at the rate equal to 1-1/2
9-18 times the employee's regular rate of pay.
9-19 (d) Holidays or other paid leave taken during a workweek are
9-20 not counted as hours worked in computing the number of overtime
9-21 hours under Subsection (c) or (e).
9-22 (e) An employee may not accumulate more than 240 hours of
9-23 overtime credit that may be taken as compensatory leave under
9-24 Subsection (c)(1), except that an employee engaged in a public
9-25 safety activity, an emergency response activity, or a seasonal
9-26 activity may accumulate, in accordance with 29 U.S.C. Section
10-1 207(o)(3)(A), not more than 480 hours of overtime credit that may
10-2 be taken as compensatory leave under Subsection (c)(1). An
10-3 employee must be paid at the rate prescribed by Subsection (c)(2)
10-4 for the number of overtime hours the employee works that cause the
10-5 employee to exceed the amount of overtime credit the employee may
10-6 accumulate. In this subsection, "overtime credit" means the number
10-7 of hours that is computed by multiplying the number of overtime
10-8 hours worked by 1-1/2.
10-9 (f) When an employee does not work more than 40 hours in a
10-10 workweek but the number of hours worked plus the number of hours of
10-11 holiday or other paid leave taken during the workweek exceeds 40
10-12 hours, the employee is entitled to compensatory time off at the
10-13 rate of one hour off for each of the excess hours. When an
10-14 employee does work 40 or more hours in a workweek and in addition
10-15 takes holiday or other paid leave during the workweek, and the
10-16 total number of hours worked still exceeds 40 after subtracting the
10-17 hours compensable under Subsections (c)-(e), the employee is
10-18 entitled to compensatory time off at the rate of one hour off for
10-19 each of the remaining hours in excess of 40. When an employee does
10-20 not work more than 40 hours in a workweek and the number of hours
10-21 worked plus the number of hours of holiday or other paid leave
10-22 taken during the week does not exceed 40 hours, the employee may
10-23 not accrue compensatory time for the week under this section.
10-24 (g) Compensatory time off to which an employee is entitled
10-25 under Subsection (f) must be taken during the 12-month period
10-26 following the end of the workweek in which the compensatory time
11-1 was accrued or it lapses. An employee may not be paid for that
11-2 compensatory time. However, an employee of an institution of
11-3 higher education as defined by Section 61.003, Education Code, or
11-4 an employee engaged in a public safety activity, including highway
11-5 construction and maintenance or an emergency response activity, may
11-6 be paid at the employee's regular rate of pay for that compensatory
11-7 time if the employer determines that taking the compensatory time
11-8 off would disrupt normal teaching, research, or other critical
11-9 functions.
11-10 (h) Exceptions to the workweek overtime computation for
11-11 public safety, emergency response, or seasonal situations shall be
11-12 made in accordance with the federal Fair Labor Standards Act of
11-13 1938 (29 U.S.C. Section 201 et seq.).
11-14 Sec. 659.016. OVERTIME COMPENSATION FOR EMPLOYEES NOT
11-15 SUBJECT TO FAIR LABOR STANDARDS ACT; REDUCTIONS IN PAY. (a) This
11-16 section applies only to a state employee who is not subject to the
11-17 overtime provisions of the federal Fair Labor Standards Act of 1938
11-18 (29 U.S.C. Section 201 et seq.) and who is not an employee of the
11-19 legislature, including an employee of the lieutenant governor, or
11-20 of a legislative agency.
11-21 (b) When the sum of hours worked plus holiday or other paid
11-22 leave taken by a full-time employee during a workweek exceeds 40
11-23 hours, and not otherwise, the employee may be allowed to accrue
11-24 compensatory time for the number of hours that exceeds 40 hours.
11-25 When the sum of hours worked plus holiday or other paid leave taken
11-26 by a part-time employee during a workweek exceeds the number of
12-1 hours that the part-time employee is designated to work during the
12-2 workweek, and not otherwise, the employee may be allowed to accrue
12-3 compensatory time for the number of hours that exceeds the number
12-4 of hours that the employee is designated to work during the
12-5 workweek.
12-6 (c) An employee who is exempt as an executive, professional,
12-7 or administrative employee under 29 U.S.C. Section 213(a)(1) may be
12-8 allowed compensatory time off during the 12-month period following
12-9 the end of the workweek in which the time that exceeds 40 hours
12-10 under Subsection (b) was accrued, at a rate not to exceed one hour
12-11 of compensatory time off for each hour of time that exceeds 40
12-12 hours under Subsection (b) accrued.
12-13 (d) In accordance with 29 C.F.R. Section 541.118 and subject
12-14 to that section's exceptions as described by this section, an
12-15 employee who is exempt as an executive, professional, or
12-16 administrative employee under 29 U.S.C. Section 213(a)(1) is
12-17 entitled to receive full salary for any week in which the employee
12-18 performs work without regard to the number of days and hours
12-19 worked. This is also subject to the general rule that an employee
12-20 need not be paid for any workweek in which the employee performs no
12-21 work.
12-22 (e) A deduction may be made from the salary of an employee
12-23 who is exempt as an executive, professional, or administrative
12-24 employee under 29 U.S.C. Section 213(a)(1) if:
12-25 (1) the employee is not at work for a full day or
12-26 longer for personal reasons other than sickness, accident, jury
13-1 duty, attendance as a witness at a judicial proceeding, or
13-2 temporary military leave;
13-3 (2) the employee is not at work for a full day or
13-4 longer because of sickness or disability, including sickness or
13-5 disability covered by workers' compensation benefits, and the
13-6 employee's paid sick leave or workers' compensation benefits have
13-7 been exhausted;
13-8 (3) the deduction is a penalty imposed for a violation
13-9 of a significant safety rule relating to prevention of serious
13-10 danger in the workplace to other persons, including other
13-11 employees; or
13-12 (4) in accordance with the special provisions
13-13 applicable to executive, professional, or administrative employees
13-14 of public agencies set forth in 29 C.F.R. Section 541.5d, the
13-15 employee is not at work for less than one day for personal reasons
13-16 or because of illness or injury and accrued leave is not used by
13-17 the employee because:
13-18 (A) permission to use accrued leave was not
13-19 sought or was denied;
13-20 (B) accrued leave has been exhausted; or
13-21 (C) the employee chooses to use leave without
13-22 pay.
13-23 (f) In accordance with 29 C.F.R. Section 541.5d, a deduction
13-24 from the pay of an executive, professional, or administrative
13-25 employee because of an absence from work caused by a furlough
13-26 related to the budget does not affect the employee's status as an
14-1 employee paid on a salary basis, except for any workweek in which
14-2 the furlough occurs and for which the employee's pay is accordingly
14-3 reduced.
14-4 (g) If a deduction is made from an employee's salary in
14-5 violation of United States Department of Labor regulations, the
14-6 employee is entitled to reimbursement of the amount that should not
14-7 have been deducted.
14-8 (h) An employee who is not subject to the federal Fair Labor
14-9 Standards Act of 1938 under 29 U.S.C. Section 203(e)(2)(C) because
14-10 the employee is a staff member, appointee, or immediate adviser of
14-11 an elected officeholder may be allowed compensatory time off under
14-12 the terms and conditions determined by the officeholder.
14-13 (i) An employee covered by this section may not be paid for
14-14 any unused compensatory time.
14-15 Sec. 659.017. OVERTIME COMPENSATION FOR LEGISLATIVE
14-16 EMPLOYEES. Consistent with the requirements of the federal Fair
14-17 Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
14-18 overtime pay and compensatory time off for employees of the
14-19 legislative branch, including employees of the lieutenant governor,
14-20 are determined:
14-21 (1) for employees of the house of representatives or
14-22 the senate, by the presiding officer of the appropriate house of
14-23 the legislature;
14-24 (2) for employees of an elected officeholder, by the
14-25 employing officeholder; and
14-26 (3) for employees of a legislative agency, by the
15-1 administrative head of the agency.
15-2 Sec. 659.018. COMPENSATORY TIME: PLACE WHERE WORK
15-3 PERFORMED. Except under circumstances specified in the General
15-4 Appropriations Act, an employee of a state agency as defined by
15-5 Section 658.001 may not, for hours worked during any calendar week,
15-6 accumulate compensatory time off under Section 659.015(f) or
15-7 659.016 to the extent that the hours are attributable to work
15-8 performed at a location other than the employee's regular or
15-9 temporarily assigned place of employment. The employee's personal
15-10 residence may not be considered the employee's regular or
15-11 temporarily assigned place of employment.
15-12 Sec. 659.019. PART-TIME AND HOURLY EMPLOYMENT. (a) In
15-13 computing the salary of a part-time or hourly employee, the rate of
15-14 pay must be proportional to the rate authorized by the General
15-15 Appropriations Act for full-time employment in the same classified
15-16 position, or if the position is not under the state's position
15-17 classification plan, for full-time employment in the applicable
15-18 exempt position.
15-19 (b) A part-time employee is subject to Subchapter K and to
15-20 the leave without pay provisions of Section 659.085.
15-21 (c) The comptroller may adopt rules to determine the hourly
15-22 rate of an employee paid on an hourly basis.
15-23 Sec. 659.020. SALARY SUPPLEMENTATION. A state employee
15-24 employed by a state agency as defined by Section 658.001 whose
15-25 position is classified under Chapter 654 or whose exempt position
15-26 is funded by the General Appropriations Act may not receive a
16-1 salary supplement from any source unless a specific grant of
16-2 authority to do so is provided by the General Appropriations Act or
16-3 other law.
16-4 Sec. 659.021. ADMINISTRATIVE HEAD OF AGENCY. The
16-5 administrative head of a state agency as defined by Section 658.001
16-6 whose salary as administrative head is established by the General
16-7 Appropriations Act may not receive a salary higher than that
16-8 established salary, even if the administrative head performs duties
16-9 assigned to a position title classified in the state's position
16-10 classification plan that is assigned to a salary group that would
16-11 pay a higher salary, unless the General Appropriations Act
16-12 specifically provides that a higher salary may be received.
16-13 Sec. 659.022. USE OF COMPENSATORY TIME BEFORE LAPSING.
16-14 (a) If an employee of a state agency as defined by Section 658.001
16-15 who wishes to use accrued compensatory time that is subject to
16-16 lapsing submits a written request for permission to use the accrued
16-17 compensatory time to the employing state agency not later than the
16-18 90th day before the date on which the accrued compensatory time
16-19 will lapse, the employing state agency shall:
16-20 (1) approve in writing the employee's request; or
16-21 (2) provide the employee with an alternate date on
16-22 which the employee may use the compensatory time.
16-23 (b) The employee may request permission to use the accrued
16-24 compensatory time within 90 days of the date on which it will
16-25 lapse, and the employing agency is encouraged to reasonably
16-26 accomodate the employee's use of the accrued compensatory time
17-1 before it lapses.
17-2 Sec. 659.023. COMPENSATORY TIME POLICY. (a) A state agency
17-3 shall notify its employees annually of the state's policy on
17-4 compensatory time.
17-5 (b) A state agency shall accomodate to the extent
17-6 practicable an employee's request to use accrued compensatory time.
17-7 SECTION 13. Section 659.081, Government Code, is amended to
17-8 read as follows:
17-9 Sec. 659.081. PAYMENT ONCE A MONTH. Except as provided by
17-10 this subchapter or the General Appropriations Act, annual salaries
17-11 for state officers and employees shall be paid once a month.
17-12 SECTION 14. Section 659.082, Government Code, is amended to
17-13 read as follows:
17-14 Sec. 659.082. Payment Twice a Month. (a) An employee is
17-15 entitled to be paid employment compensation twice a month if:
17-16 (1) the employee is employed by:
17-17 (A) the Texas Department of Mental Health and
17-18 Mental Retardation;
17-19 (B) the Texas Department of Transportation;
17-20 (C) the Texas Department of Human Services;
17-21 (D) the Texas Workforce Commission;
17-22 (E) the Department of Public Safety; or
17-23 (F) any other state agency designated by the
17-24 comptroller;
17-25 (2) the employee holds a classified position under the
17-26 state's position classification plan;
18-1 (3) the employee's position is classified below salary
18-2 group A12 [12] under [the] classification salary Schedule A
18-3 [schedule] in the General Appropriations Act;
18-4 (4) the employing state agency satisfies the
18-5 comptroller's requirements relating to the payment of compensation
18-6 twice a month; and
18-7 (5) at least 30 percent of the eligible employees of
18-8 the agency choose to be paid twice a month.
18-9 (b) Employees of an institution of higher education as
18-10 defined by Section 61.003, Education Code, may be paid twice a
18-11 month at the election of the employing institution of higher
18-12 education.
18-13 SECTION 15. Subchapter F, Chapter 659, Government Code, is
18-14 amended by adding Section 659.085 to read as follows:
18-15 Sec. 659.085. DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;
18-16 PROPORTIONATE REQUIREMENT FOR PART-TIME PAY. (a) The amount of
18-17 monthly salary for an annual employee who maintains a 40-hour
18-18 workweek and is covered under Chapter 658 is computed in accordance
18-19 with the General Appropriations Act and equitable rules adopted by
18-20 the comptroller.
18-21 (b) For purposes of partial payment or other applicable
18-22 situations, an employee's equivalent hourly rate of pay for a given
18-23 month is computed in accordance with the General Appropriations Act
18-24 and equitable rules adopted by the comptroller. Alternatively, an
18-25 institution of higher education as defined by Section 61.003,
18-26 Education Code, may compute an employee's equivalent hourly rate of
19-1 pay for a given month by dividing the employee's annual salary by
19-2 2080, which is the number of working hours in the standard work
19-3 year. This subsection applies only to full-time employees
19-4 described by Subsection (a) and to part-time salaried employees.
19-5 (c) When an employee is on leave without pay, compensation
19-6 for the pay period will be reduced by an amount computed in
19-7 accordance with the General Appropriations Act and equitable rules
19-8 adopted by the comptroller.
19-9 (d) An agency that may contract with its employees for
19-10 employment for less than a 12-month period may make equal monthly
19-11 salary payments under the contract during the contract period or
19-12 during the fiscal year in accordance with the General
19-13 Appropriations Act and equitable rules adopted by the comptroller.
19-14 SECTION 16. Chapter 659, Government Code, is amended by
19-15 adding Subchapter K to read as follows:
19-16 SUBCHAPTER K. PROMOTIONS, RECLASSIFICATIONS, AND OTHER
19-17 ADJUSTMENTS TO SALARY
19-18 Sec. 659.251. APPLICABILITY. (a) This subchapter applies
19-19 only to a state employee employed in the executive or judicial
19-20 branch of state government.
19-21 (b) The policies for promotions, demotions, and other
19-22 adjustments to salary for employees of the legislative branch,
19-23 including employees of the lieutenant governor, are determined as
19-24 follows:
19-25 (1) for employees of either house of the legislature,
19-26 a member of the legislature, or the lieutenant governor, by the
20-1 presiding officer of the appropriate house of the legislature; and
20-2 (2) for employees of a legislative agency, by the
20-3 administrative head of the agency.
20-4 Sec. 659.252. DEFINITION. In this subchapter, "state
20-5 agency" means the state department, institution, entity, or other
20-6 agency in the executive or judicial branch of state government that
20-7 employs a state employee.
20-8 Sec. 659.253. TRANSFER WITHIN AGENCY FROM EXEMPT TO
20-9 CLASSIFIED POSITION. (a) A state employee who moves within a
20-10 state agency from a position exempt from the state's position
20-11 classification plan to a classified position will receive an annual
20-12 salary in the proper salary group not to exceed:
20-13 (1) the rate for the salary step equal to the
20-14 employee's current exempt salary or the rate for the next higher
20-15 salary step, if moving to a position in a salary group that is
20-16 divided into steps; or
20-17 (2) the employee's current exempt salary or the
20-18 maximum rate of the new salary group, whichever is lower, if moving
20-19 to a position in a salary group that is not divided into steps.
20-20 (b) Except as provided by this section, a state agency that
20-21 at any time during a state fiscal biennium pays a state employee an
20-22 exempt salary specifically established in the General
20-23 Appropriations Act may not subsequently during the state fiscal
20-24 biennium pay the employee a greater salary under Salary Schedule A,
20-25 B, or C of the General Appropriations Act.
20-26 (c) A state agency that pays a state employee an exempt
21-1 salary specifically established in the General Appropriations Act
21-2 and that then transfers the employee to a position in which the
21-3 employee is paid under Salary Schedule A, B, or C of the General
21-4 Appropriations Act may not grant a merit salary increase to the
21-5 employee until at least six months after the date that the agency
21-6 begins to pay the employee under Salary Schedule A, B, or C of the
21-7 General Appropriations Act.
21-8 (d) The Legislative Budget Board and the governor together
21-9 may approve an exception to the salary limitations prescribed by
21-10 this section for a state employee:
21-11 (1) on receiving the employing state agency's
21-12 application for the exception; and
21-13 (2) if the employee's job responsibilities with the
21-14 state agency have changed substantially during the state fiscal
21-15 biennium.
21-16 Sec. 659.254. CLASSIFIED POSITION REALLOCATED OR
21-17 RECLASSIFIED TO DIFFERENT SALARY GROUP. (a) This section applies
21-18 only to positions classified under the state's position
21-19 classification plan.
21-20 (b) In this section:
21-21 (1) "higher salary group" means a salary group with a
21-22 higher minimum salary rate; and
21-23 (2) "lower salary group" means a salary group with a
21-24 lower minimum salary rate.
21-25 (c) An employee whose classified position is reallocated by
21-26 the General Appropriations Act or reclassified under Chapter 654 to
22-1 a higher salary group will be paid at the minimum salary rate in
22-2 the higher salary group or at the salary rate the employee would
22-3 have received without the reallocation or reclassification,
22-4 whichever rate is higher, except:
22-5 (1) to maintain desirable salary relationships among
22-6 employees in the affected positions, the salary may be adjusted not
22-7 more than:
22-8 (A) two steps higher, if the employee's salary
22-9 group is divided into steps by the General Appropriations Act; or
22-10 (B) 6.8 percent higher, if the employee's salary
22-11 group is not divided into steps by the General Appropriations Act;
22-12 and
22-13 (2) the employee may not advance to a step number in
22-14 the new salary group higher than the step number rate held before
22-15 the reallocation or reclassification, if the employee's salary
22-16 group is divided into steps by the General Appropriations Act.
22-17 (d) An employee whose classified position is reallocated by
22-18 the General Appropriations Act or reclassified under Chapter 654 to
22-19 a lower salary group will be paid at the salary rate that the
22-20 employee would have received had the position not been reallocated
22-21 or reclassified, not to exceed the maximum rate of the lower salary
22-22 group.
22-23 Sec. 659.255. MERIT SALARY INCREASES; ONE-TIME MERIT
22-24 PAYMENTS. (a) This section applies only to positions classified
22-25 under the state's position classification plan.
22-26 (b) A state agency administrator may grant merit salary
23-1 increases including one-time merit payments to employees
23-2 compensated under Salary Schedules A and B of the General
23-3 Appropriations Act whose job performance and productivity are
23-4 consistently above that normally expected or required. For
23-5 classified employees compensated under Salary Schedule A of the
23-6 General Appropriations Act, a merit increase involves an increase
23-7 in an employee's salary to a higher step rate in the same salary
23-8 group. For classified employees compensated under Salary Schedule
23-9 B of the General Appropriations Act, a merit increase involves an
23-10 increase in an employee's salary to a higher rate within the range
23-11 of the same salary group. Merit increases including one-time merit
23-12 payments are subject to the restrictions prescribed by Subsections
23-13 (c)-(e).
23-14 (c) The comptroller shall prescribe accounting and reporting
23-15 procedures as necessary to ensure the availability of information
23-16 reflecting each state agency's use of merit salary increases,
23-17 including one-time merit payments.
23-18 (d) Merit salary increases including one-time merit payments
23-19 shall be applied throughout the range of classified salary groups
23-20 used by each state agency.
23-21 (e) For an employee to be eligible for a merit salary
23-22 increase or a one-time merit payment, the following additional
23-23 criteria must be met:
23-24 (1) the employee must have been employed by the state
23-25 agency for at least six continuous months prior to the award of the
23-26 increase or payment;
24-1 (2) at least six months must have elapsed since the
24-2 employee's last promotion, enhanced compensation award authorized
24-3 by the General Appropriations Act, one-time merit payment, or merit
24-4 salary increase at the agency; and
24-5 (3) agency criteria for granting merit salary
24-6 increases or one-time merit payments must include specific criteria
24-7 and documentation to substantiate the granting of a merit increase
24-8 or one-time merit payment.
24-9 Sec. 659.256. PROMOTIONS. (a) This section applies only to
24-10 positions classified under the state's position classification
24-11 plan.
24-12 (b) A promotion is an employee's change in duty assignment
24-13 within a state agency from one classified position to another
24-14 classified position that:
24-15 (1) is in a salary group with a higher minimum salary
24-16 rate;
24-17 (2) requires higher qualifications, such as greater
24-18 skill or longer experience; and
24-19 (3) involves a higher level of responsibility.
24-20 (c) When an employee is promoted to a position in a higher
24-21 salary group in Salary Schedule A of the General Appropriations
24-22 Act, the employee shall receive a salary rate at least one step
24-23 higher than the employee's salary rate before promotion or the
24-24 minimum rate of the new salary range, whichever is higher, and may,
24-25 at the discretion of the state agency administrator, receive an
24-26 annual salary rate up to and including the maximum rate of the new
25-1 salary range. When an employee is promoted from a position in
25-2 Salary Schedule B or C of the General Appropriations Act to a
25-3 position in Salary Schedule A of the General Appropriations Act,
25-4 the employee shall receive a step rate that is at least one step
25-5 above the rate the employee received before promotion or the
25-6 minimum rate of the new salary range, whichever is higher, and may,
25-7 at the discretion of the state agency administrator, receive an
25-8 annual rate up to and including the maximum rate of the new salary
25-9 range.
25-10 (d) When an employee is promoted in Salary Schedule B of the
25-11 General Appropriations Act or from Salary Schedule A or C of the
25-12 General Appropriations Act to Salary Schedule B of the General
25-13 Appropriations Act, the employee shall receive a salary rate that
25-14 is at least 3.4 percent higher than the employee's salary before
25-15 promotion or the minimum rate of the new salary range, whichever is
25-16 higher, and may, at the discretion of the state agency
25-17 administrator, receive an annual rate up to and including the
25-18 maximum rate of the new salary range.
25-19 (e) When an employee is promoted in Salary Schedule C of the
25-20 General Appropriations Act or from Salary Schedule A or B of the
25-21 General Appropriations Act to Salary Schedule C of the General
25-22 Appropriations Act, the employee shall receive the rate set in the
25-23 schedule for that salary group.
25-24 (f) Notwithstanding the other provisions of this section, an
25-25 employee whose salary prior to promotion exceeds the maximum rate
25-26 of the employee's assigned salary group may not receive more than
26-1 the maximum rate of the new salary group, even if the increase is
26-2 less than one step in Salary Schedule A of the General
26-3 Appropriations Act or 3.4 percent in Salary Schedule B of the
26-4 General Appropriations Act.
26-5 Sec. 659.257. DEMOTIONS. (a) This section applies only to
26-6 positions classified under the state's position classification
26-7 plan.
26-8 (b) A demotion is an employee's change in duty assignment
26-9 within a state agency from one classified position to another
26-10 classified position that is in a salary group with a lower minimum
26-11 salary rate.
26-12 (c) When an employee is demoted to a position in a lower
26-13 salary group in Salary Schedule A of the General Appropriations
26-14 Act, the employee will receive a salary rate at least one step
26-15 below the rate the employee received before demotion. When an
26-16 employee is demoted from a position in Salary Schedule B or C of
26-17 the General Appropriations Act to a position in Salary Schedule A
26-18 of the General Appropriations Act, the employee shall receive a
26-19 step rate that is at least 3.4 percent below the rate the employee
26-20 received before demotion.
26-21 (d) When an employee is demoted within Salary Schedule B of
26-22 the General Appropriations Act or from Salary Schedule A or C of
26-23 the General Appropriations Act to Salary Schedule B of the General
26-24 Appropriations Act, the employee will receive a salary rate of at
26-25 least 3.4 percent below the rate the employee received before
26-26 demotion.
27-1 (e) When an employee is demoted to a position in a lower
27-2 salary group in Salary Schedule C of the General Appropriations Act
27-3 or from Salary Schedule A or B of the General Appropriations Act to
27-4 Salary Schedule C of the General Appropriations Act, the employee
27-5 will receive the rate set in the schedule for that salary group.
27-6 (f) As exceptions to the other provisions in this section,
27-7 an agency is not required to reduce an employee's salary if:
27-8 (1) the employee accepts a position in another
27-9 classification in a lower salary group in lieu of a layoff under a
27-10 reduction in force; or
27-11 (2) the employee is selected for another position in a
27-12 classification in a lower salary group as a result of applying for
27-13 the position.
27-14 (g) An employee demoted in the manner described by
27-15 Subsection (f) may not receive a salary rate that exceeds the
27-16 maximum rate of the lower salary group. In addition, an employee
27-17 demoted as described by Subsection (f)(1) may not receive a salary
27-18 rate that exceeds the employee's salary rate before the demotion.
27-19 Sec. 659.258. SALARY REDUCTION FOR DISCIPLINARY REASONS.
27-20 (a) This section applies only to positions classified under the
27-21 state's position classification plan.
27-22 (b) The administrative head of a state agency may reduce an
27-23 employee's salary for disciplinary reasons, if warranted by the
27-24 employee's performance, to a rate in the employee's designated
27-25 salary group not lower than the minimum rate. The agency may, as
27-26 the employee's performance improves, restore the employee's pay to
28-1 any rate that does not exceed the employee's prior salary rate
28-2 without accounting for the restoration as a merit salary increase.
28-3 Sec. 659.259. SALARY LIMITED TO MAXIMUM GROUP RATE.
28-4 (a) This section applies only to positions classified under the
28-5 state's position classification plan.
28-6 (b) A salary adjustment authorized by this subchapter may
28-7 not result in an employee's receiving an annual salary that exceeds
28-8 the maximum rate of the salary group to which the employee's
28-9 position is allocated.
28-10 (c) Employees who are paid above the maximum of their job
28-11 class' designated salary group on August 1, 1999, will be allowed
28-12 to maintain their salaries. However, in no case may they be
28-13 allowed to receive additional salary increases, including
28-14 across-the-board increases and merit increases, including one-time
28-15 merit payments, until the salary maximum for their designated
28-16 salary group encompasses their salary. These employees must be
28-17 paid in the salary range if they are promoted, demoted, or
28-18 reclassified.
28-19 Sec. 659.260. TEMPORARY ASSIGNMENT. (a) This section
28-20 applies only to an employee whose permanent position is classified
28-21 under the state's position classification plan.
28-22 (b) To facilitate a state agency's work during an emergency
28-23 or other special circumstance, an employee may:
28-24 (1) be temporarily assigned to other duties for a
28-25 period not to exceed six months; and
28-26 (2) receive during the period of reassignment the
29-1 appropriate rate of pay for the temporary position if the temporary
29-2 position is classified in a salary group with a higher minimum
29-3 salary rate.
29-4 (c) An employee may not be assigned temporary duties under
29-5 this section for more than six months during a twelve-month period.
29-6 (d) An employee temporarily designated to act as the
29-7 administrative head of a state agency may continue to receive a
29-8 salary for a classified position in an amount not to exceed the
29-9 amount established by the General Appropriations Act for the
29-10 administrative head of the agency.
29-11 (e) While the employee is temporarily assigned under this
29-12 section, the state agency may not:
29-13 (1) award a merit salary increase to the employee;
29-14 (2) promote or demote the employee; or
29-15 (3) reduce the employee's salary.
29-16 Sec. 659.261. SALARY CAP. (a) The maximum amount a state
29-17 agency spends for merit salary increases in and promotions to
29-18 classified positions during a fiscal year may not exceed, without
29-19 the written approval of the budget division of the governor's
29-20 office and the Legislative Budget Board, the amount computed by
29-21 multiplying the total amount spent by the agency in the preceding
29-22 fiscal year for classified salaries times the percentage set by the
29-23 General Appropriations Act for purposes of this computation.
29-24 (b) The maximum amount that may be spent for merit salary
29-25 increases in and promotions to classified positions shall be
29-26 computed separately for each year of the state fiscal biennium.
30-1 Merit salary increases and promotions awarded in the first fiscal
30-2 year of a biennium do not count against the maximum amount that may
30-3 be spent for those increases in the second fiscal year of that
30-4 biennium.
30-5 (c) Money spent to pay a salary increase for an employee who
30-6 is promoted to a classified position title counts against the
30-7 limitation prescribed by this section only if, as a result of the
30-8 promotion, the number of agency employees in that position title
30-9 exceeds the maximum number of agency employees who have been in
30-10 that position title at any time during the preceding six-month
30-11 period.
30-12 (d) A request to exceed the limitation prescribed by this
30-13 section must be submitted by the governing body of the agency, or
30-14 by the head of the agency if the agency is not governed by a
30-15 multimember governing body, and must include at least:
30-16 (1) the date on which the governing body or the head
30-17 of the agency approved the request;
30-18 (2) a statement justifying the need to exceed the
30-19 limitation; and
30-20 (3) the source of funds to be used to pay the salary
30-21 increases.
30-22 (e) The comptroller shall prescribe accounting and reporting
30-23 procedures necessary to ensure that the amount spent for merit
30-24 salary increases and promotions does not exceed the limitations
30-25 established by this section.
30-26 SECTION 17. Subsection (c), Section 661.033, Government
31-1 Code, is amended to read as follows:
31-2 (c) Payment under this section may not be for more than:
31-3 (1) all of the state employee's accumulated vacation
31-4 leave; and
31-5 (2) one-half of the state employee's accumulated sick
31-6 leave or 336 hours of sick leave, whichever is less.
31-7 SECTION 18. Section 661.062, Government Code, is amended by
31-8 amending Subsections (a) and (b) and adding Subsection (f) to read
31-9 as follows:
31-10 (a) A state employee who, at any time during the employee's
31-11 lifetime, has accrued six months of continuous state employment and
31-12 who resigns, is dismissed, or otherwise [for any reason] separates
31-13 from state employment is entitled to be paid for the accrued
31-14 balance of the employee's vacation time as of the date of
31-15 separation, if the individual is not reemployed by the state in a
31-16 position under which the employee accrues vacation leave during the
31-17 30-day period immediately following the date of separation from
31-18 state employment.
31-19 (b) A separation from state employment includes a separation
31-20 in which the employee:
31-21 (1) leaves one state agency to begin working for
31-22 another state agency, if one or more workdays occur between the two
31-23 employments and the individual is not reemployed by the state in a
31-24 position under which the employee accrues vacation leave during the
31-25 30-day period immediately following the date of separation from
31-26 state employment;
32-1 (2) moves from a position in a state agency that
32-2 accrues vacation time to a position in that agency that does not
32-3 accrue vacation time, if the agency agrees to pay the employee for
32-4 the accrued balance of the employee's vacation time;
32-5 (3) moves from a position in a state agency that
32-6 accrues vacation time to a position in another state agency that
32-7 does not accrue vacation time, if the other state agency refuses to
32-8 credit the employee for the balance of the employee's vacation time
32-9 as of the date of the move;
32-10 (4) moves from a position in a state agency that does
32-11 not accrue vacation time to a position in another state agency that
32-12 does not accrue vacation time, if the other state agency is not
32-13 authorized or refuses to credit the employee for the balance of the
32-14 employee's vacation time as of the date of the move; or
32-15 (5) holds two or more positions, and separates from
32-16 one that accrues vacation time, if the agency agrees to pay the
32-17 employee for the accrued balance of the employee's vacation time.
32-18 (f) Payment for accrued vacation leave for employees of the
32-19 legislative branch, including employees of the lieutenant governor,
32-20 is determined as follows:
32-21 (1) for employees of either house of the legislature,
32-22 a member of the legislature, or the lieutenant governor, by the
32-23 presiding officer of the appropriate house of the legislature; and
32-24 (2) for employees of a legislative agency, by the
32-25 administrative head of the agency.
32-26 SECTION 19. Chapter 661, Government Code, is amended by
33-1 amending Subchapter F and adding Subchapters G and Z to read as
33-2 follows:
33-3 SUBCHAPTER F. GENERAL PROVISIONS FOR VACATION [OTHER CATEGORIES
33-4 OF] LEAVE FOR STATE EMPLOYEES
33-5 Sec. 661.151. STATE AUDITOR INTERPRETATION. (a) The state
33-6 auditor shall provide a uniform interpretation of this subchapter
33-7 and Subchapters G and Z.
33-8 (b) The state auditor shall report to the governor and the
33-9 legislature any state agency or institution of higher education
33-10 that practices exceptions to those laws.
33-11 Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. (a) A
33-12 state employee is entitled to a vacation in each fiscal year
33-13 without a deduction in salary, except for a state employee who is:
33-14 (1) an employee of an institution of higher education
33-15 as defined by Section 61.003, Education Code, who:
33-16 (A) is not employed to work at least 20 hours
33-17 per week for a period of at least four and one-half months; or
33-18 (B) is employed in a position for which the
33-19 employee is required to be a student as a condition of the
33-20 employment;
33-21 (2) a faculty member employed for a period of fewer
33-22 than 12 months by an institution of higher education as defined by
33-23 Section 61.003, Education Code; or
33-24 (3) an instructional employee employed for a period of
33-25 fewer than 12 months by the Texas School for the Blind and Visually
33-26 Impaired, the Texas School for the Deaf, or the Texas Youth
34-1 Commission.
34-2 (b) The amount of vacation accrues and may be taken in
34-3 accordance with this subchapter.
34-4 (c) A part-time employee accrues vacation leave on a
34-5 proportionate basis. The maximum amount of vacation leave a
34-6 part-time employee may carry forward from one fiscal year to the
34-7 next is also on a proportionate basis.
34-8 (d) An employee accrues vacation leave and may carry
34-9 vacation leave forward from one fiscal year to the next in
34-10 accordance with the following schedule:
34-11 Maximum Hours
34-12 Carried Forward
34-13 Hours Accrued From One Fiscal
34-14 Per Month for Year to the Next
34-15 Employees With Total Full-time for a Full-time
34-16 State Employment of: Employment Employee
34-17 less than 2 years 7 168
34-18 at least 2 but less than 5 years 8 232
34-19 at least 5 but less than 10 years 9 256
34-20 at least 10 but less than 15 years 10 280
34-21 at least 15 but less than 20 years 12 328
34-22 at least 20 but less than 25 years 14 376
34-23 at least 25 but less than 30 years 16 424
34-24 at least 30 but less than 35 years 18 472
34-25 at least 35 years or more 20 520
34-26 (e) An employee accrues vacation leave at the applicable
35-1 rate beginning on the first day of state employment and ending on
35-2 the last day of state employment. An employee accrues and is
35-3 entitled to be credited for one month's vacation leave for each
35-4 month of employment with the state beginning on the first day of
35-5 employment with the state and on the first calendar day of each
35-6 succeeding month of state employment. An employee who is employed
35-7 by the state during any part of a calendar month accrues vacation
35-8 leave entitlement for the entire calendar month.
35-9 (f) An employee may not take vacation leave until the
35-10 employee has six months of continuous employment with the state,
35-11 although the employee accrues vacation leave during that period.
35-12 (g) If an employee's state employment anniversary date
35-13 occurs on the first calendar day of a month, the employee begins to
35-14 accrue vacation leave at a higher rate in accordance with
35-15 Subsection (d) on the first calendar day of the appropriate month.
35-16 Otherwise, the employee begins to accrue vacation leave at the
35-17 higher rate on the first calendar day of the month following the
35-18 anniversary date. An employee who begins working on the first
35-19 workday of a month in a position that accrues vacation leave is
35-20 considered to have begun working on the first calendar day of the
35-21 month for purposes of this subsection.
35-22 (h) An employee is entitled to carry forward from one fiscal
35-23 year to the next the net balance of unused accumulated vacation
35-24 leave that does not exceed the maximum number of hours allowed
35-25 under Subsection (d). All hours of unused accumulated vacation
35-26 leave that may not be carried forward at the end of a fiscal year
36-1 under this subsection and Subsection (d) shall be credited to the
36-2 employee's sick leave balance on the first day of the next fiscal
36-3 year.
36-4 (i) In computing the amount of vacation leave taken, time
36-5 during which an employee is excused from work because of a holiday
36-6 is not charged against the employee's vacation leave.
36-7 (j) An employee who is on paid leave on the first workday of
36-8 a month may not take vacation leave accrued for that month until
36-9 the employee has returned to duty.
36-10 (k) An individual who is reemployed by any state agency in a
36-11 position under which the employee accrues vacation leave within 30
36-12 days after the individual's date of separation from state
36-13 employment is entitled to reinstatement of the unused balance of
36-14 the employee's previously accrued vacation leave.
36-15 Sec. 661.153. TRANSFER OF VACATION LEAVE BALANCE. A state
36-16 employee who transfers directly from one state agency to another is
36-17 entitled to credit by the agency to which the employee transfers
36-18 for the unused balance of the employee's accumulated vacation
36-19 leave, if the employee's employment with the state is uninterrupted
36-20 and if the employee is not paid for the leave under Section
36-21 661.062.
36-22 Sec. 661.154. VACATION LEAVE FOR LEGISLATIVE EMPLOYEES.
36-23 Vacation leave for employees of the legislative branch, including
36-24 employees of the lieutenant governor, is determined as follows:
36-25 (1) for employees of either house of the legislature,
36-26 a member of the legislature, or the lieutenant governor, by the
37-1 presiding officer of the appropriate house of the legislature; and
37-2 (2) for employees of a legislative agency, by the
37-3 administrative head of the agency.
37-4 (Sections 661.155 to 661.200 reserved for expansion
37-5 SUBCHAPTER G. GENERAL PROVISIONS FOR SICK LEAVE FOR STATE
37-6 EMPLOYEES
37-7 Sec. 661.201. APPLICABILITY. (a) Sick leave for employees
37-8 of the legislative branch, including employees of the lieutenant
37-9 governor, is determined as follows:
37-10 (1) for employees of either house of the legislature,
37-11 a member of the legislature, or the lieutenant governor, by the
37-12 presiding officer of the appropriate house of the legislature; and
37-13 (2) for employees of a legislative agency, by the
37-14 administrative head of the agency.
37-15 (b) An employee of an institution of higher education as
37-16 defined by Section 61.003, Education Code, is eligible to accrue or
37-17 take paid sick leave under this subchapter only if the employee:
37-18 (1) is employed to work at least 20 hours per week for
37-19 a period of at least four and one-half months; and
37-20 (2) is not employed in a position for which the
37-21 employee is required to be a student as a condition of the
37-22 employment.
37-23 Sec. 661.202. ENTITLEMENT TO SICK LEAVE; GENERAL PROVISIONS
37-24 AND PROCEDURES. (a) A state employee is entitled to sick leave
37-25 without a deduction in salary in accordance with this subchapter.
37-26 (b) An employee accrues sick leave beginning on the first
38-1 day of state employment and ending on the last day of state
38-2 employment. An employee is entitled to be credited for one month's
38-3 accrual of sick leave at the rate specified by Subsection (c) for
38-4 each month of employment with the state beginning on the first day
38-5 of employment with the state and on the first calendar day of each
38-6 succeeding month of state employment.
38-7 (c) Sick leave entitlement for a full-time employee accrues
38-8 at the rate of eight hours for each month of state employment. A
38-9 part-time employee accrues sick leave on a proportionate basis. An
38-10 employee who is employed by the state during any part of a calendar
38-11 month accrues sick leave entitlement for the entire calendar month.
38-12 Sick leave accumulates with the unused amount of sick leave carried
38-13 forward each month.
38-14 (d) Sick leave with pay may be taken when sickness, injury,
38-15 or pregnancy and confinement prevent the employee's performance of
38-16 duty or when the employee is needed to care for and assist a member
38-17 of the employee's immediate family who is sick. For purposes of
38-18 taking regular sick leave with pay, the following persons are
38-19 considered to be members of the employee's immediate family:
38-20 (1) an individual who resides in the same household as
38-21 the employee and is related to the employee by kinship, adoption,
38-22 or marriage;
38-23 (2) a foster child of the employee who resides in the
38-24 same household as the employee and who is under the conservatorship
38-25 of the Department of Protective and Regulatory Services; and
38-26 (3) a minor child of the employee, regardless of
39-1 whether the child lives in the same household.
39-2 (e) An employee's use of sick leave to care for and assist
39-3 members of the employee's family who are not described by
39-4 Subsection (d) is strictly limited to the time necessary to provide
39-5 care and assistance to a spouse, child, or parent of the employee
39-6 who needs the care and assistance as a direct result of a
39-7 documented medical condition.
39-8 (f) An employee who must be absent from duty because of
39-9 sickness, injury, or pregnancy and confinement shall notify the
39-10 employee's supervisor or have the supervisor notified of that fact
39-11 at the earliest practicable time.
39-12 (g) To be eligible to take accumulated sick leave without a
39-13 deduction in salary during a continuous period of more than three
39-14 working days, an employee absent due to sickness, injury, or
39-15 pregnancy and confinement shall send to the administrative head of
39-16 the employing agency a doctor's certificate showing the cause or
39-17 nature of the condition or another written statement of the facts
39-18 concerning the condition that is acceptable to the administrative
39-19 head. The administrative head of an agency may require a doctor's
39-20 certificate or other written statement of the facts for sick leave
39-21 without a deduction in salary taken during a continuous period of
39-22 three or fewer working days.
39-23 (h) On returning to duty after taking sick leave, the
39-24 employee shall without delay complete the prescribed application
39-25 for sick leave and send the application in the manner prescribed by
39-26 the agency to the appropriate authority for approving the
40-1 application.
40-2 (i) The administrative head of an agency that is in
40-3 compliance with Subsection (j) may authorize an exception to the
40-4 amount of sick leave an employee may take after a review of the
40-5 individual's particular circumstances. A statement of all
40-6 authorized exceptions and the reasons for the exceptions shall be
40-7 attached to the state agency's duplicate payroll voucher for the
40-8 payroll period affected by the authorized exceptions.
40-9 (j) A state agency shall file a written statement with the
40-10 state auditor covering the policies and procedures for an extension
40-11 of leave under Subsection (i) and shall make the statement
40-12 available to all agency employees.
40-13 (k) An employee who is on leave on the first day of a month
40-14 may not use the sick leave that the employee accrues for that month
40-15 until after the employee returns to duty.
40-16 Sec. 661.203. FACULTY AT INSTITUTIONS OF HIGHER EDUCATION.
40-17 A faculty member at an institution of higher education as defined
40-18 by Section 61.003, Education Code, must submit prescribed leave
40-19 forms for all sick leave the faculty member takes if the absence
40-20 occurs during the normal workday for regular employees, even if no
40-21 classes are missed.
40-22 Sec. 661.204. TRANSFER OF SICK LEAVE BALANCE. A state
40-23 employee who transfers directly from one state agency to another is
40-24 entitled to credit by the agency to which the employee transfers
40-25 for the unused balance of the employee's accumulated sick leave, if
40-26 the employee's employment with the state is uninterrupted.
41-1 Sec. 661.205. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN
41-2 CERTAIN CIRCUMSTANCES. (a) An employee who separates from
41-3 employment with the state under a formal reduction in force is
41-4 entitled to have the employee's sick leave balance restored if the
41-5 employee is reemployed by the state within 12 months after the end
41-6 of the month in which the employee separates from state employment.
41-7 (b) An employee who separates from employment with the state
41-8 for a reason other than that described by Subsection (a) is
41-9 entitled to have the employee's sick leave balance restored if:
41-10 (1) the employee is reemployed by the same state
41-11 agency or institution of higher education within 12 months after
41-12 the end of the month in which the employee separates from state
41-13 employment, but only if there has been a break in employment with
41-14 the state of at least 30 calendar days; or
41-15 (2) the employee is reemployed by a different state
41-16 agency or institution of higher education within 12 months after
41-17 the end of the month in which the employee separates from state
41-18 employment.
41-19 Sec. 661.206. PARENT-TEACHER CONFERENCE: USE OF SICK LEAVE.
41-20 (a) This section applies to an employee who is a parent of a child
41-21 who is a student attending a grade from prekindergarten through
41-22 12th grade.
41-23 (b) An employee may use up to eight hours of sick leave each
41-24 calendar year to attend parent-teacher conference sessions for the
41-25 employee's children.
41-26 (c) An employee shall give reasonable advance notice of the
42-1 employee's intention to use the sick leave to attend a
42-2 parent-teacher conference.
42-3 (d) In this section:
42-4 (1) "Employee" has the meaning assigned by Section
42-5 661.001.
42-6 (2) "Parent" means a person standing in parental
42-7 relation.
42-8 (Sections 661.207 to 661.900 reserved for expansion
42-9 SUBCHAPTER Z. MISCELLANEOUS LEAVE PROVISIONS FOR STATE EMPLOYEES
42-10 Sec. 661.901. APPLICABILITY. (a) This subchapter applies
42-11 only to a state employee employed in the executive or judicial
42-12 branch of state government.
42-13 (b) The leave policies for employees of the legislative
42-14 branch, including employees of the lieutenant governor, are
42-15 determined as follows:
42-16 (1) for employees of either house of the legislature,
42-17 a member of the legislature, or the lieutenant governor, by the
42-18 presiding officer of the appropriate house of the legislature; and
42-19 (2) for employees of a legislative agency, by the
42-20 administrative head of the agency.
42-21 (c) An employee of an institution of higher education as
42-22 defined by Section 61.003, Education Code, is eligible to accrue or
42-23 take paid leave under this subchapter only if the employee:
42-24 (1) is employed to work at least 20 hours per week for
42-25 a period of at least four and one-half months; and
42-26 (2) is not employed in a position for which the
43-1 employee is required to be a student as a condition of the
43-2 employment.
43-3 Sec. 661.902. EMERGENCY LEAVE. (a) A state employee is
43-4 entitled to emergency leave without a deduction in salary because
43-5 of a death in the employee's family. The death of the employee's
43-6 spouse or of a parent, brother, sister, grandparent, grandchild, or
43-7 child of the employee or of the employee's spouse is considered to
43-8 be a death in the employee's family for purposes of this
43-9 subsection.
43-10 (b) The administrative head of an agency may determine that
43-11 a reason other than that described by Subsection (a) is sufficient
43-12 for granting emergency leave and shall grant an emergency leave to
43-13 an employee who the administrative head determines has shown good
43-14 cause for taking emergency leave.
43-15 Sec. 661.903. NATIONAL GUARD EMERGENCY. A state employee
43-16 who is called to active duty as a member of the Texas National
43-17 Guard by the governor because of an emergency is entitled to a
43-18 leave of absence without a deduction in salary in accordance with
43-19 Section 431.0825.
43-20 Sec. 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY.
43-21 (a) An employee called to active duty during a national emergency
43-22 to serve in a reserve component of the armed forces of the United
43-23 States is entitled to an unpaid leave of absence.
43-24 (b) The employee continues to accrue state service credit
43-25 for purposes of longevity pay while on military duty described by
43-26 Subsection (a) but does not accrue vacation or sick leave during
44-1 that time.
44-2 (c) The employee retains any accrued vacation or sick leave
44-3 and is entitled to be credited with those balances on return to
44-4 state employment from military duty described by Subsection (a).
44-5 Sec. 661.905. VOLUNTEER FIREFIGHTERS. (a) A state employee
44-6 who is a volunteer firefighter is entitled to a leave of absence
44-7 without a deduction in salary to attend fire service training
44-8 conducted by a state agency or institution of higher education.
44-9 Leave without a deduction in salary under this subsection may not
44-10 exceed five working days in a fiscal year.
44-11 (b) A state agency or institution of higher education may
44-12 grant leave without a deduction in salary to a volunteer
44-13 firefighter for the purpose of allowing the firefighter to respond
44-14 to emergency fire situations if the agency or institution has an
44-15 established policy for granting that leave.
44-16 Sec. 661.906. FOSTER PARENTS. A state employee who is a
44-17 foster parent to a child under the conservatorship of the
44-18 Department of Protective and Regulatory Services is entitled to a
44-19 leave of absence without a deduction in salary for the purpose of
44-20 attending:
44-21 (1) meetings held by the Department of Protective and
44-22 Regulatory Services regarding the child under the foster care of
44-23 the employee; or
44-24 (2) an admission, review, and dismissal meeting held
44-25 by a school district regarding the child under the foster care of
44-26 the employee.
45-1 Sec. 661.907. RED CROSS DISASTER SERVICE VOLUNTEER. (a) A
45-2 state employee who is a certified disaster service volunteer of the
45-3 American Red Cross or who is in training to become such a volunteer
45-4 may be granted leave not to exceed 10 days each fiscal year to
45-5 participate in specialized disaster relief services for the
45-6 American Red Cross without a deduction in salary or loss of
45-7 vacation time, sick leave, earned overtime credit, or state
45-8 compensatory time if the leave is taken:
45-9 (1) on the request of the American Red Cross;
45-10 (2) with the authorization of the employee's
45-11 supervisor; and
45-12 (3) with the approval of the governor.
45-13 (b) The number of certified disaster service volunteers who
45-14 are eligible for leave under this section may not exceed 350 state
45-15 employees at any one time during a fiscal year. The division of
45-16 emergency management in the governor's office shall coordinate the
45-17 establishment and maintenance of the list of eligible employees.
45-18 (c) Not later than the 60th day after the date the American
45-19 Red Cross makes a request under Subsection (a)(1), the American Red
45-20 Cross shall prepare a report for the Legislative Budget Board
45-21 stating the reasons for the request.
45-22 Sec. 661.908. LEAVE RECORDS; TIME AND ATTENDANCE RECORDS.
45-23 The administrative head or governing body of each state agency
45-24 shall require for each employee:
45-25 (1) time and attendance records;
45-26 (2) a record of the accrual and taking of vacation and
46-1 sick leave;
46-2 (3) a record of the reason an employee takes leave if
46-3 other law requires the employee to inform the agency of the reason;
46-4 and
46-5 (4) a record that shows whether any leave taken is
46-6 accounted for as sick leave, vacation leave, other paid leave,
46-7 leave without pay, or other absence.
46-8 Sec. 661.909. LEAVE WITHOUT PAY; LEAVE OF ABSENCE. (a) A
46-9 state agency or institution of higher education may grant employees
46-10 leave without pay, including a leave of absence without pay, in
46-11 accordance with this section.
46-12 (b) The duration of the leave may not exceed 12 months.
46-13 (c) Except for disciplinary suspensions, active military
46-14 duty, and leave covered by workers' compensation benefits, all
46-15 accumulated paid leave entitlements must be used before going on
46-16 leave without pay status. Sick leave must first be used only if
46-17 the employee is taking leave for a reason for which the employee is
46-18 eligible to take sick leave under Subchapter G.
46-19 (d) Subject to fiscal constraints, approval of the leave
46-20 constitutes a guarantee of employment at the conclusion of the
46-21 specified leave period.
46-22 (e) The administrative head of a state agency or institution
46-23 of higher education may grant exceptions to the limitations of this
46-24 section if the employee is taking the leave for a reason such as:
46-25 (1) to work for another state governmental entity
46-26 under an interagency agreement; or
47-1 (2) educational purposes.
47-2 (f) Except for an employee who returns to state employment
47-3 from military leave without pay under Section 661.904, a full
47-4 calendar month during which an employee is on leave without pay is
47-5 not counted in computing:
47-6 (1) total state service for purposes related to
47-7 longevity pay or to the rate of accrual of vacation leave; or
47-8 (2) continuous state service for purposes related to
47-9 merit salary provisions or vacation leave.
47-10 (g) An employee does not accrue vacation or sick leave for a
47-11 full calendar month during which the employee is on leave without
47-12 pay.
47-13 (h) A full or partial calendar month during which an
47-14 employee is on leave without pay does not constitute a break in
47-15 continuity of employment.
47-16 Sec. 661.910. ASSISTANCE DOG TRAINING FOR EMPLOYEES WITH A
47-17 DISABILITY. (a) A state employee who is a person with a
47-18 disability, as defined by Section 121.002, Human Resources Code, is
47-19 entitled to a leave of absence without a deduction in salary for
47-20 the purpose of attending a training program to acquaint the
47-21 employee with an assistance dog to be used by the employee.
47-22 (b) The leave of absence provided by this section may not
47-23 exceed 10 working days in a fiscal year.
47-24 Sec. 661.911. ADMINISTRATIVE LEAVE WITH PAY. (a) In
47-25 addition to employee leave authorized elsewhere in this chapter,
47-26 the administrative head of an agency may grant administrative leave
48-1 without a deduction in salary to an employee as a reward for
48-2 outstanding performance as documented by employee performance
48-3 appraisals.
48-4 (b) The total amount of administrative leave an employee may
48-5 be granted under this section may not exceed 32 hours during a
48-6 fiscal year.
48-7 Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) To the
48-8 extent required by federal law, a state employee who has a total of
48-9 at least 12 months of state service and who has worked at least
48-10 1,250 hours during the 12-month period preceding the beginning of
48-11 leave under this section is entitled to leave under the federal
48-12 Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
48-13 seq.).
48-14 (b) The employee must first use all available and applicable
48-15 paid vacation and sick leave while taking leave under this section,
48-16 except that an employee who is receiving temporary disability
48-17 benefits or workers' compensation benefits is not required to first
48-18 use applicable paid vacation or sick leave while receiving those
48-19 benefits.
48-20 Sec. 661.913. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. (a) A
48-21 state employee who has been employed for fewer than 12 months by
48-22 the state or who worked fewer than 1,250 hours during the 12-month
48-23 period preceding the beginning of leave under this section is
48-24 eligible to take a parental leave of absence not to exceed 12 weeks
48-25 in accordance with this section.
48-26 (b) The employee must first use all available and applicable
49-1 paid vacation and sick leave while taking the leave, and the
49-2 remainder of the leave is unpaid.
49-3 (c) The leave authorized by this section is limited to, and
49-4 begins on the date of, the birth of a natural child of the employee
49-5 or the adoption by or foster care placement with the employee of a
49-6 child younger than three years of age.
49-7 Sec. 661.914. VOTING BY STATE EMPLOYEES. A state agency
49-8 shall allow each agency employee sufficient time off, without a
49-9 deduction in salary or accrued leave, to vote in each national,
49-10 state, or local election.
49-11 SECTION 20. Subsection (b), Section 662.003, Government
49-12 Code, is amended to read as follows:
49-13 (b) A state holiday includes only the following days:
49-14 (1) the 19th day of January, "Confederate Heroes Day,"
49-15 in honor of Jefferson Davis, Robert E. Lee, and other Confederate
49-16 heroes;
49-17 (2) the second day of March, "Texas Independence Day";
49-18 (3) the 21st day of April, "San Jacinto Day";
49-19 (4) the 19th day of June, "Emancipation Day in Texas,"
49-20 in honor of the emancipation of the slaves in Texas in 1865;
49-21 (5) the 27th day of August, "Lyndon Baines Johnson
49-22 Day," in observance of the birthday of Lyndon Baines Johnson;
49-23 (6) [every day on which an election is held throughout
49-24 the state;]
49-25 [(7)] the Friday after Thanksgiving Day;
49-26 (7) [(8)] the 24th day of December; and
50-1 (8) [(9)] the 26th day of December.
50-2 SECTION 21. Subsection (a), Section 662.004, Government
50-3 Code, is amended to read as follows:
50-4 (a) A state agency and an institution of higher education as
50-5 defined by Section 61.003, Education Code, shall have enough
50-6 employees on duty during a state holiday to conduct the public
50-7 business of the agency or institution.
50-8 SECTION 22. Section 662.007, Government Code, is amended by
50-9 adding Subsection (c) to read as follows:
50-10 (c) An institution of higher education as defined by Section
50-11 61.003, Education Code, may allow an employee who is required to
50-12 work on a national or state holiday that does not fall on a
50-13 Saturday or Sunday to take compensatory time off in accordance with
50-14 this section or may instead pay the employee at the employee's
50-15 regular rate of pay for that time if the institution determines
50-16 that allowing compensatory time off would disrupt normal teaching,
50-17 research, or other critical functions.
50-18 SECTION 23. Subchapter A, Chapter 662, Government Code, is
50-19 amended by adding Section 662.0072 to read as follows:
50-20 Sec. 662.0072. TRANSFERRING EMPLOYEE: PAYMENT FOR HOLIDAY.
50-21 If a state or national holiday occurs between the dates that a
50-22 state employee separates from one state agency and begins
50-23 employment with another state agency or an institution of higher
50-24 education without a break in service, the agency or institution of
50-25 higher education to which the employee transfers is responsible for
50-26 paying the employee for the holiday regardless of whether the
51-1 agency or institution of higher education that receives the new
51-2 employee recognizes the holiday.
51-3 SECTION 24. Section 662.011, Government Code, is amended by
51-4 amending Subsection (a) and adding Subsection (c) to read as
51-5 follows:
51-6 (a) The governing body of an institution of higher
51-7 education, as defined by Section 61.003, Education Code, other than
51-8 a public junior college as defined by that section, may establish
51-9 the holiday schedule for the institution, subject to any applicable
51-10 limitation on the observance of holidays prescribed by the General
51-11 Appropriations Act.
51-12 (c) An employee of the institution is eligible to take paid
51-13 holiday leave only if the employee:
51-14 (1) is scheduled to work at least 20 hours per week
51-15 for a period of at least four and one-half months; and
51-16 (2) is not employed in a position for which the
51-17 employee is required to be a student as a condition of the
51-18 employment.
51-19 SECTION 25. Subtitle B, Title 6, Government Code, is amended
51-20 by adding Chapter 666 to read as follows:
51-21 CHAPTER 666. MULTIPLE EMPLOYMENTS WITH STATE
51-22 Sec. 666.001. GENERAL PROVISIONS. (a) This chapter applies
51-23 to a person who is or may become employed by more than one state
51-24 agency or institution of higher education.
51-25 (b) A person who is employed by more than one state agency
51-26 or institution of higher education may not receive benefits from
52-1 the state that exceed the benefits provided for one full-time
52-2 employee.
52-3 (c) The person must be informed of the requirements of this
52-4 chapter before the person is employed by more than one agency or
52-5 institution.
52-6 Sec. 666.002. SEPARATE RECORDS REQUIRED. Separate vacation
52-7 and sick leave records must be maintained for each employment.
52-8 Sec. 666.003. TRANSFER OF LEAVE BALANCES PROHIBITED. If the
52-9 person separates from one employment, the person's leave balances
52-10 that were accrued under that employment may not be transferred to
52-11 the remaining employments.
52-12 Sec. 666.004. ACCRUAL OF STATE SERVICE CREDIT. The person
52-13 accrues state service credit for all purposes as if the person had
52-14 only one employment.
52-15 Sec. 666.005. GROUP INSURANCE CONTRIBUTION. The total state
52-16 contribution toward the person's group insurance is limited to the
52-17 amount specified in the General Appropriations Act for a full-time
52-18 active employee.
52-19 Sec. 666.006. OVERTIME COMPENSATION. (a) Overtime
52-20 compensation accrues for each employment independently of every
52-21 other employment, except as provided by Subsection (b).
52-22 (b) If the person is subject to the overtime provisions of
52-23 the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
52-24 et seq.) in an employment, the employing agencies and institutions
52-25 of higher education shall ensure that the person is compensated for
52-26 all combined time actually worked that exceeds 40 hours per week in
53-1 accordance with the overtime provisions of the federal law. The
53-2 agencies and institutions shall cooperate to determine which agency
53-3 or institution is responsible for ensuring that the employee is
53-4 properly compensated according to those provisions.
53-5 (c) An employing agency or institution may not use multiple
53-6 employments of an employee within the same agency or institution
53-7 for the purpose of:
53-8 (1) paying the employee for working more than 40 hours
53-9 in a week instead of earning compensatory time in accordance with
53-10 state law; or
53-11 (2) paying the employee a greater salary than is
53-12 allowed for either of the employee's positions.
53-13 Sec. 666.007. INFORMING EMPLOYER ABOUT MULTIPLE EMPLOYMENT.
53-14 The person must inform the person's employing state agencies or
53-15 institutions of higher education before accepting an additional
53-16 employment with another agency or institution.
53-17 Sec. 666.008. SPECIAL PROVISIONS FOR LEGISLATIVE AGENCIES.
53-18 If a person's multiple employment involves only legislative
53-19 agencies and all employments are less than full-time, the person
53-20 may use paid leave from leave balances in all employments, and on
53-21 separating from one employment, leave balances accrued under that
53-22 employment will be transferred to the remaining employments.
53-23 Sec. 666.009. SPECIAL PROVISIONS FOR UNIVERSITY SYSTEMS.
53-24 (a) A university system as defined by Section 61.003, Education
53-25 Code, may establish a policy that defines a person's employment as
53-26 the total hours the person is assigned:
54-1 (1) to one component of the system; or
54-2 (2) to all components of the system.
54-3 (b) The policy may apply to a person only if the person is
54-4 employed by more than one institution of higher education and all
54-5 the employing institutions are within the same university system.
54-6 SECTION 26. Chapter 391, Local Government Code, is amended
54-7 by adding Section 391.0117 to read as follows:
54-8 Sec. 391.0117. SALARY SCHEDULES. (a) For each fiscal year,
54-9 a commission shall adopt a salary schedule containing a
54-10 classification salary schedule for classified positions and
54-11 identifying and specifying the salaries for positions exempt from
54-12 the classification salary schedule.
54-13 (b) The salary schedule adopted by the commission may not
54-14 exceed, for classified positions, the state salary schedule for
54-15 classified positions as prescribed by the General Appropriations
54-16 Act adopted by the most recent legislature. A commission may adopt
54-17 a salary schedule that is less than the state salary schedule.
54-18 (c) A salary for a position classified under the salary
54-19 schedule may not exceed the state salary that has been approved by
54-20 the state auditor's office and paid by the state for comparable
54-21 work.
54-22 (d) A position may only be exempted from the classification
54-23 salary schedule adopted by the commission if the exemption and the
54-24 amount of salary paid for the exempt position is within the range
54-25 determined appropriate for state exempt positions by the state
54-26 auditor.
55-1 (e) A commission shall submit to the governor the
55-2 commission's salary schedule, including the salaries of all exempt
55-3 positions, not later than the 45th day before the date of the
55-4 beginning of the commission's fiscal year. If the governor objects
55-5 to a commission's salary schedule or a portion of the schedule, the
55-6 portion of the schedule that the governor objects to may not go
55-7 into effect until revisions or explanations are given that are
55-8 satisfactory to the governor and the governor approves that portion
55-9 of the schedule.
55-10 (f) This section does not apply to a commission if the most
55-11 populous county that is a member of the commission has an actual
55-12 average weekly wage that exceeds the state actual average weekly
55-13 wage by 20 percent or more for the previous year as determined by
55-14 the Texas Workforce Commission in its County Employment and Wage
55-15 Information Report.
55-16 SECTION 27. This section provides, for information purposes
55-17 only, a derivation table for provisions of the General
55-18 Appropriations Act that are codified in general law by other
55-19 sections of this Act. The first column identifies the codified
55-20 law; all references are to the Government Code unless otherwise
55-21 expressly noted. The second column identifies for each codified
55-22 law the applicable source provision in Article IX of the General
55-23 Appropriations Act for the fiscal biennium ending August 31, 1999
55-24 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
55-25 1997).
56-1 Codified Law Source Provision
56-2 Sec. 651.005 Sec. 1.9
56-3 Sec. 654.0125 Sec. 1.15
56-4 Sec. 654.014 Sec. 1.16.a, 2nd sent.
56-5 Sec. 654.0155 Secs. 1.4.b, d
56-6 Sec. 654.0156 Sec. 1.4.a
56-7 Sec. 656.026 Sec. 157
56-8 Sec. 658.005(a) Sec. 8.1
56-9 Sec. 658.006 Sec. 8.2
56-10 Sec. 658.008 Sec. 8.6
56-11 Sec. 658.009 Sec. 1.12 (part)
56-12 Sec. 658.010 Sec. 8.3
56-13 Sec. 659.002(d) Sec. 3, 1st par., 1st 2
56-14 sent.
56-15 Sec. 659.004 Sec. 1.19
56-16 Sec. 659.005(a) Sec. 2.3
56-17 Secs. 659.005(b)-(e) Sec. 2.4
56-18 Sec. 659.006 Sec. 3, 1st par., last
56-19 sent.
56-20 Sec. 659.015 Secs. 2.6.a, 2.6.c
56-21 Sec. 659.016 Secs. 2.6.b, 2.6.c
56-22 Sec. 659.017 Sec. 2.6.e
56-23 Sec. 659.018 Sec. 2.6.d
56-24 Sec. 659.019 Sec. 1.12 (part)
56-25 Sec. 659.020 Sec. 1.14 (part)
57-1 Sec. 659.021 Sec. 1.16.a, 3rd sent.,
57-2 1st clause
57-3 Secs. 659.022, 659.023 Sec. 2.6
57-4 Secs. 659.081, 659.082 Sec. 2.1, 1st sent.
57-5 (part)
57-6 Sec. 659.085 Sec. 2.1, last 4 sent.
57-7 Secs. 659.251-659.253 Sec. 1.2
57-8 Sec. 659.254 Secs. 1.3, 1.4.c
57-9 Sec. 659.255 Sec. 1.5
57-10 Sec. 659.256 Sec. 1.6
57-11 Sec. 659.257 Sec. 1.7
57-12 Sec. 659.258 Sec. 1.8
57-13 Sec. 659.259 Sec. 1.10
57-14 Secs. 659.260(a), (b), (c), (e) Sec. 1.11
57-15 Sec. 659.260(d) Sec. 1.16.a, 3rd sent.,
57-16 last clause
57-17 Sec. 659.261 Sec. 1.16.b
57-18 Sec. 661.033(c) Sec. 9.6
57-19 Secs. 661.062(a), (b) Sec. 9.1, last 2 sent.
57-20 Sec. 661.062(f) Sec. 9.9 (part)
57-21 Sec. 661.151 Sec. 9.8
57-22 Sec. 661.152 Sec. 9.1, 1st 7 par.
57-23 Sec. 661.153 Sec. 9.5 (part)
57-24 Sec. 661.154 Sec. 9.9 (part)
57-25 Sec. 661.201(a) Sec. 9.9 (part)
58-1 Sec. 661.201(b) Sec. 9.3, last par.
58-2 (part)
58-3 Sec. 661.202 Sec. 9.2, except last
58-4 sent.
58-5 Sec. 661.203 Sec. 9.2, last sent.
58-6 Sec. 661.204 Sec. 9.5 (part)
58-7 Sec. 661.205 Sec. 9.10
58-8 Secs. 661.901(a), (b) Sec. 9.9 (part)
58-9 Sec. 661.901(c) Sec. 9.3, last par.
58-10 (part)
58-11 Sec. 661.902 Sec. 9.3, 1st par.
58-12 Sec. 661.903 Sec. 9.4, 1st par.
58-13 Sec. 661.904 Sec. 9.4, 3rd par.
58-14 Sec. 661.905 Sec. 9.4, 4th par.
58-15 Sec. 661.906 Sec. 9.4, 5th par.
58-16 Sec. 661.907 Sec. 9.4, 6th par.
58-17 Sec. 661.908 Sec. 9.7
58-18 Sec. 661.909 Sec. 9.11
58-19 Sec. 661.910 Sec. 9.12
58-20 Sec. 661.911 Sec. 9.13
58-21 Sec. 661.912 Sec. 9.14.a
58-22 Sec. 661.913 Sec. 9.14.b
58-23 Sec. 661.914 Sec. 8.5 (part)
58-24 Sec. 662.003(b) Sec. 8.5 (part)
58-25 Sec. 662.004(a) Sec. 8.4, 3rd par., 1st
58-26 sent.
59-1 Sec. 662.007 Sec. 8.4, 4th par. (part)
59-2 Sec. 662.0072 Sec. 8.4, 7th par.
59-3 Sec. 662.011(c) Sec. 8.4, 2nd par.
59-4 Sec. 666.001 Sec. 10.1, 1st par.
59-5 Secs. 666.002-666.003 Sec. 10.1.a
59-6 Sec. 666.004 Sec. 10.1.b
59-7 Sec. 666.005 Sec. 10.1.d
59-8 Sec. 666.006 Sec. 10.1.e
59-9 Sec. 666.007 Sec. 10.1.f
59-10 Sec. 666.008 Sec. 10.2
59-11 Sec. 666.009 Sec. 10.3
59-12 SECTION 28. This Act takes effect September 1, 1999.
59-13 SECTION 29. The importance of this legislation and the
59-14 crowded condition of the calendars in both houses create an
59-15 emergency and an imperative public necessity that the
59-16 constitutional rule requiring bills to be read on three several
59-17 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 174 passed the Senate on
March 11, 1999, by a viva-voce vote; and that the Senate concurred
in House amendments on May 11, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 174 passed the House, with
amendments, on May 6, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor