76R13522 JRD-F
By Ratliff S.B. No. 174
Substitute the following for S.B. No. 174:
By Junell C.S.S.B. No. 174
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to codification of certain state employment matters
1-3 currently prescribed by the General Appropriations Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 651, Government Code, is amended by
1-6 adding Section 651.005 to read as follows:
1-7 Sec. 651.005. REDUCTIONS IN FORCE. A state governmental
1-8 entity undergoing a reorganization mandated by statute may
1-9 institute a reduction in force as a direct result of the
1-10 reorganization, notwithstanding a rule, personnel handbook, or
1-11 policy of the entity to the contrary.
1-12 SECTION 2. Subchapter B, Chapter 654, Government Code, is
1-13 amended by adding Section 654.0125 to read as follows:
1-14 Sec. 654.0125. EXEMPTION OF POSITIONS BY GOVERNOR. (a)
1-15 Appropriated money may not be used to pay the salary of a person in
1-16 a position exempted from the position classification plan by the
1-17 governor under Section 654.012(8)(A) unless the position is a bona
1-18 fide new position established to accomplish duties related to
1-19 programs or functions that were not anticipated, and for that
1-20 reason not funded, under the General Appropriations Act.
1-21 (b) A new position may not be created under Section
1-22 654.012(8)(A) for the sole purpose of adjusting the salary of an
1-23 existing position.
1-24 (c) The governor's exemption of a position from the position
2-1 classification plan under Section 654.012(8)(A) must contain a
2-2 certification that the exemption is for a bona fide new position.
2-3 The comptroller may not pay compensation for the position until
2-4 formal notification of the action of the governor to exempt the
2-5 position is filed with the classification officer and the
2-6 Legislative Budget Board.
2-7 (d) A position exempted by the governor under Section
2-8 654.012(8)(A) in the first year of a state fiscal biennium may
2-9 continue into the second year. The salary rate established for the
2-10 position may be adjusted for the second year of the biennium by a
2-11 rate not to exceed the rate by which the salary schedule for
2-12 classified positions in the General Appropriations Act is adjusted
2-13 from the first to the second year of the biennium.
2-14 SECTION 3. Section 654.014, Government Code, is amended to
2-15 read as follows:
2-16 Sec. 654.014. APPOINTMENTS TO CONFORM WITH POSITION
2-17 CLASSIFICATION PLAN AND GENERAL APPROPRIATIONS ACT. (a) Each
2-18 employment to which this subchapter applies shall conform to:
2-19 (1) the classes of work described in the position
2-20 classification plan;
2-21 (2) the titles authorized by the plan; and
2-22 (3) the salary rates and provisions in the General
2-23 Appropriations Act.
2-24 (b) Each state agency or other state entity subject to this
2-25 chapter may determine, at the time an individual is initially
2-26 employed by the entity in a classified position, the individual's
2-27 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
3-27 not required to comply with the requirements of this subchapter or
4-1 Subchapter A when the agency transfers or reassigns an employee as
4-2 part of a reorganization or merger mandated by the legislature if
4-3 the executive head of the agency certifies that the transfer or
4-4 reassignment is necessary for the proper implementation of the
4-5 reorganization or merger.
4-6 SECTION 6. Subsection (a), Section 658.005, Government Code,
4-7 is amended to read as follows:
4-8 (a) Normal office hours of a state agency are from 8 a.m. to
4-9 5 p.m., Monday through Friday. These hours are the regular working
4-10 hours for a full-time state employee. The offices of a state
4-11 agency shall remain open during the noon hour each working day with
4-12 at least one person on duty to accept calls, receive visitors, or
4-13 transact business.
4-14 SECTION 7. Sections 658.001 and 658.006, Government Code,
4-15 are amended to read as follows:
4-16 Sec. 658.001. Definitions. In this chapter:
4-17 (1) "Full-time state employee" means a person employed
4-18 by a state agency who, if not participating in a voluntary work
4-19 reduction program under Section 658.003, is required to work for
4-20 the agency not less than 40 hours a week.
4-21 (2) "State agency" means:
4-22 (A) a board, commission, department,
4-23 institution, office, or other agency in the executive branch of
4-24 state government that is created by the constitution or a statute
4-25 of this state, including an institution of higher education as
4-26 defined by Section 61.003, Education Code; or
4-27 (B) the Supreme Court of Texas, the Texas Court
5-1 of Criminal Appeals, a court of appeals, or other agency in the
5-2 judicial branch.
5-3 Sec. 658.006. STAGGERED WORKING HOURS[; CAPITOL AREA IN
5-4 AUSTIN]. Normal working hours for employees of a state agency [in
5-5 the Capitol area in Austin] may be staggered [as authorized by the
5-6 General Appropriations Act] for traffic regulation or public
5-7 safety.
5-8 SECTION 8. Chapter 658, Government Code, is amended by
5-9 adding Sections 658.008, 658.009, and 658.010 to read as follows:
5-10 Sec. 658.008. MEMBERS OF NATIONAL GUARD OR RESERVE. To
5-11 facilitate participation in military duties by state employees,
5-12 each state agency shall adjust the work schedule of any employee
5-13 who is a member of the Texas National Guard or the United States
5-14 Armed Forces Reserve so that two of the employee's days off work
5-15 each month coincide with two days of military duty to be performed
5-16 by the employee.
5-17 Sec. 658.009. PART-TIME EMPLOYMENT. A state agency may fill
5-18 a regular full-time position with one or more part-time employees:
5-19 (1) without regard to whether the position is subject
5-20 to or exempt from the state's position classification plan; and
5-21 (2) subject to Section 659.019.
5-22 Sec. 658.010. PLACE WHERE WORK PERFORMED. (a) An employee
5-23 of a state agency shall, during normal office hours, conduct agency
5-24 business only at the employee's regular or assigned temporary place
5-25 of employment unless the employee:
5-26 (1) is travelling; or
5-27 (2) received prior written authorization from the
6-1 administrative head of the employing state agency to perform work
6-2 elsewhere.
6-3 (b) The employee's personal residence may not be considered
6-4 the employee's regular or assigned temporary place of employment
6-5 without prior written authorization from the administrative head of
6-6 the employing state agency.
6-7 SECTION 9. Section 659.002, Government Code, is amended by
6-8 adding Subsection (d) to read as follows:
6-9 (d) The state shall withhold money from salaries and wages
6-10 paid to state officers and employees in accordance with applicable
6-11 federal law, including federal law relating to withholding for
6-12 purposes of the federal income tax. The state shall make any
6-13 required employer contributions in accordance with applicable
6-14 federal law. The comptroller shall make payments in accordance
6-15 with this subsection.
6-16 SECTION 10. Subchapter A, Chapter 659, Government Code, is
6-17 amended by adding Sections 659.004, 659.005, and 659.006 to read as
6-18 follows:
6-19 Sec. 659.004. PAYROLL AND PERSONNEL REPORTING. (a) In this
6-20 section, "state agency" has the meaning assigned by Section
6-21 658.001.
6-22 (b) The comptroller, in consultation with the state auditor,
6-23 shall adopt rules that prescribe uniform procedures for payroll and
6-24 personnel reporting for all state agencies and that are designed
6-25 to:
6-26 (1) facilitate the auditing of payrolls;
6-27 (2) facilitate a classification compliance audit under
7-1 Chapter 654;
7-2 (3) assure conformity with this chapter and the
7-3 General Appropriations Act; and
7-4 (4) provide the legislative audit committee with
7-5 current information on employment and wage rate practices in state
7-6 government.
7-7 Sec. 659.005. WITNESS FEES; JURY SERVICE. (a) A deduction
7-8 may not be made from the salary or wages of a state employee
7-9 because the employee is called for jury service, including a
7-10 deduction for any fee or compensation the employee receives for the
7-11 jury service.
7-12 (b) A state officer or employee who appears as a witness in
7-13 an official capacity in a judicial proceeding or legislative
7-14 hearing may not accept or receive a witness fee for the appearance.
7-15 (c) A state officer or employee who appears as a witness, in
7-16 a capacity other than as a state officer or employee, in a judicial
7-17 proceeding or legislative hearing to testify from personal
7-18 knowledge concerning matters related to the proceeding or hearing
7-19 is entitled to receive any customary witness fees for the
7-20 appearance.
7-21 (d) A state officer or employee who appears as an expert
7-22 witness in a judicial proceeding or legislative hearing may accept
7-23 compensation for the appearance only if the person is not also
7-24 compensated by the state for the person's time in making the
7-25 appearance and may accept reimbursement for travel expenses only if
7-26 the expenses are not reimbursed by the state. For purposes of this
7-27 subsection, paid leave is not considered time compensated by the
8-1 state.
8-2 (e) A state officer or employee may receive reimbursement
8-3 for travel and a per diem or reimbursement for expenses connected
8-4 to an appearance in an official capacity as a witness in a judicial
8-5 proceeding or legislative hearing only from the state or the
8-6 judicial body, but not from both the state and the judicial body.
8-7 Sec. 659.006. ADJUSTMENT FOR INACCURATE PAYMENT. The
8-8 comptroller by rule shall prescribe procedures for state agencies
8-9 to follow in making adjustments to payrolls for the pay period
8-10 immediately following the period in which an inaccurate payment or
8-11 deduction is made or in which other error occurs.
8-12 SECTION 11. The heading to Subchapter B, Chapter 659,
8-13 Government Code, is amended to read as follows:
8-14 SUBCHAPTER B. SALARY AMOUNTS; OVERTIME AND
8-15 COMPENSATORY TIME
8-16 SECTION 12. Subchapter B, Chapter 659, Government Code, is
8-17 amended by adding Sections 659.015, 659.016, 659.017, 659.018,
8-18 659.019, 659.020, 659.021, 659.022, and 659.023 to read as follows:
8-19 Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO
8-20 FAIR LABOR STANDARDS ACT. (a) This section applies only to a
8-21 state employee who is subject to the overtime provisions of the
8-22 federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
8-23 seq.) and who is not an employee of the legislature, including an
8-24 employee of the lieutenant governor, or of a legislative agency.
8-25 (b) The employee is entitled to compensation for overtime as
8-26 provided by federal law and this section. To the extent that this
8-27 section and federal law prescribe a different rule for the same
9-1 circumstance, federal law controls without regard to whether this
9-2 section or federal law prescribes a stricter rule.
9-3 (c) An employee who is required to work hours in excess of
9-4 40 hours in a workweek is entitled to compensation for the excess
9-5 hours either by:
9-6 (1) the agency allowing or requiring the employee to
9-7 take compensatory time off at the rate of 1-1/2 hours off for each
9-8 hour of overtime; or
9-9 (2) at the discretion of the employing agency, in
9-10 cases in which granting compensatory time off is impractical, the
9-11 employee receiving pay for the overtime at the rate equal to 1-1/2
9-12 times the employee's regular rate of pay.
9-13 (d) Holidays or other paid leave taken during a workweek are
9-14 not counted as hours worked in computing the number of overtime
9-15 hours under Subsection (c) or (e).
9-16 (e) An employee may not accumulate more than 240 hours of
9-17 overtime credit that may be taken as compensatory leave under
9-18 Subsection (c)(1), except that an employee engaged in a public
9-19 safety activity, an emergency response activity, or a seasonal
9-20 activity may accumulate, in accordance with 29 U.S.C. Section
9-21 207(o)(3)(A), not more than 480 hours of overtime credit that may
9-22 be taken as compensatory leave under Subsection (c)(1). An
9-23 employee must be paid at the rate prescribed by Subsection (c)(2)
9-24 for the number of overtime hours the employee works that cause the
9-25 employee to exceed the amount of overtime credit the employee may
9-26 accumulate. In this subsection, "overtime credit" means the number
9-27 of hours that is computed by multiplying the number of overtime
10-1 hours worked by 1-1/2.
10-2 (f) When an employee does not work more than 40 hours in a
10-3 workweek but the number of hours worked plus the number of hours of
10-4 holiday or other paid leave taken during the workweek exceeds 40
10-5 hours, the employee is entitled to compensatory time off at the
10-6 rate of one hour off for each of the excess hours. When an
10-7 employee does work 40 or more hours in a workweek and in addition
10-8 takes holiday or other paid leave during the workweek, and the
10-9 total number of hours worked still exceeds 40 after subtracting the
10-10 hours compensable under Subsections (c)-(e), the employee is
10-11 entitled to compensatory time off at the rate of one hour off for
10-12 each of the remaining hours in excess of 40. When an employee does
10-13 not work more than 40 hours in a workweek and the number of hours
10-14 worked plus the number of hours of holiday or other paid leave
10-15 taken during the week does not exceed 40 hours, the employee may
10-16 not accrue compensatory time for the week under this section.
10-17 (g) Compensatory time off to which an employee is entitled
10-18 under Subsection (f) must be taken during the 12-month period
10-19 following the end of the workweek in which the compensatory time
10-20 was accrued or it lapses. An employee may not be paid for that
10-21 compensatory time. However, an employee of an institution of
10-22 higher education as defined by Section 61.003, Education Code, or
10-23 an employee engaged in a public safety activity, including highway
10-24 construction and maintenance or an emergency response activity, may
10-25 be paid at the employee's regular rate of pay for that compensatory
10-26 time if the employer determines that taking the compensatory time
10-27 off would disrupt normal teaching, research, or other critical
11-1 functions.
11-2 (h) Exceptions to the workweek overtime computation for
11-3 public safety, emergency response, or seasonal situations shall be
11-4 made in accordance with the federal Fair Labor Standards Act of
11-5 1938 (29 U.S.C. Section 201 et seq.).
11-6 Sec. 659.016. OVERTIME COMPENSATION FOR EMPLOYEES NOT
11-7 SUBJECT TO FAIR LABOR STANDARDS ACT; REDUCTIONS IN PAY. (a) This
11-8 section applies only to a state employee who is not subject to the
11-9 overtime provisions of the federal Fair Labor Standards Act of 1938
11-10 (29 U.S.C. Section 201 et seq.) and who is not an employee of the
11-11 legislature, including an employee of the lieutenant governor, or
11-12 of a legislative agency.
11-13 (b) When the sum of hours worked plus holiday or other paid
11-14 leave taken by a full-time employee during a workweek exceeds 40
11-15 hours, and not otherwise, the employee may be allowed to accrue
11-16 compensatory time for the number of hours that exceeds 40 hours.
11-17 When the sum of hours worked plus holiday or other paid leave taken
11-18 by a part-time employee during a workweek exceeds the number of
11-19 hours that the part-time employee is designated to work during the
11-20 workweek, and not otherwise, the employee may be allowed to accrue
11-21 compensatory time for the number of hours that exceeds the number
11-22 of hours that the employee is designated to work during the
11-23 workweek.
11-24 (c) An employee who is exempt as an executive, professional,
11-25 or administrative employee under 29 U.S.C. Section 213(a)(1) may be
11-26 allowed compensatory time off during the 12-month period following
11-27 the end of the workweek in which the time that exceeds 40 hours
12-1 under Subsection (b) was accrued, at a rate not to exceed one hour
12-2 of compensatory time off for each hour of time that exceeds 40
12-3 hours under Subsection (b) accrued.
12-4 (d) In accordance with 29 C.F.R. Section 541.118 and subject
12-5 to that section's exceptions as described by this section, an
12-6 employee who is exempt as an executive, professional, or
12-7 administrative employee under 29 U.S.C. Section 213(a)(1) is
12-8 entitled to receive full salary for any week in which the employee
12-9 performs work without regard to the number of days and hours
12-10 worked. This is also subject to the general rule that an employee
12-11 need not be paid for any workweek in which the employee performs no
12-12 work.
12-13 (e) A deduction may be made from the salary of an employee
12-14 who is exempt as an executive, professional, or administrative
12-15 employee under 29 U.S.C. Section 213(a)(1) if:
12-16 (1) the employee is not at work for a full day or
12-17 longer for personal reasons other than sickness, accident, jury
12-18 duty, attendance as a witness at a judicial proceeding, or
12-19 temporary military leave;
12-20 (2) the employee is not at work for a full day or
12-21 longer because of sickness or disability, including sickness or
12-22 disability covered by workers' compensation benefits, and the
12-23 employee's paid sick leave or workers' compensation benefits have
12-24 been exhausted;
12-25 (3) the deduction is a penalty imposed for a violation
12-26 of a significant safety rule relating to prevention of serious
12-27 danger in the workplace to other persons, including other
13-1 employees; or
13-2 (4) in accordance with the special provisions
13-3 applicable to executive, professional, or administrative employees
13-4 of public agencies set forth in 29 C.F.R. Section 541.5d, the
13-5 employee is not at work for less than one day for personal reasons
13-6 or because of illness or injury and accrued leave is not used by
13-7 the employee because:
13-8 (A) permission to use accrued leave was not
13-9 sought or was denied;
13-10 (B) accrued leave has been exhausted; or
13-11 (C) the employee chooses to use leave without
13-12 pay.
13-13 (f) In accordance with 29 C.F.R. Section 541.5d, a deduction
13-14 from the pay of an executive, professional, or administrative
13-15 employee because of an absence from work caused by a furlough
13-16 related to the budget does not affect the employee's status as an
13-17 employee paid on a salary basis, except for any workweek in which
13-18 the furlough occurs and for which the employee's pay is accordingly
13-19 reduced.
13-20 (g) If a deduction is made from an employee's salary in
13-21 violation of United States Department of Labor regulations, the
13-22 employee is entitled to reimbursement of the amount that should not
13-23 have been deducted.
13-24 (h) An employee who is not subject to the federal Fair Labor
13-25 Standards Act of 1938 under 29 U.S.C. Section 203(e)(2)(C) because
13-26 the employee is a staff member, appointee, or immediate adviser of
13-27 an elected officeholder may be allowed compensatory time off under
14-1 the terms and conditions determined by the officeholder.
14-2 (i) An employee covered by this section may not be paid for
14-3 any unused compensatory time.
14-4 Sec. 659.017. OVERTIME COMPENSATION FOR LEGISLATIVE
14-5 EMPLOYEES. Consistent with the requirements of the federal Fair
14-6 Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
14-7 overtime pay and compensatory time off for employees of the
14-8 legislative branch, including employees of the lieutenant governor,
14-9 are determined:
14-10 (1) for employees of the house of representatives or
14-11 the senate, by the presiding officer of the appropriate house of
14-12 the legislature;
14-13 (2) for employees of an elected officeholder, by the
14-14 employing officeholder; and
14-15 (3) for employees of a legislative agency, by the
14-16 administrative head of the agency.
14-17 Sec. 659.018. COMPENSATORY TIME: PLACE WHERE WORK
14-18 PERFORMED. Except under circumstances specified in the General
14-19 Appropriations Act, an employee of a state agency as defined by
14-20 Section 658.001 may not, for hours worked during any calendar week,
14-21 accumulate compensatory time off under Section 659.015(f) or
14-22 659.016 to the extent that the hours are attributable to work
14-23 performed at a location other than the employee's regular or
14-24 temporarily assigned place of employment. The employee's personal
14-25 residence may not be considered the employee's regular or
14-26 temporarily assigned place of employment.
14-27 Sec. 659.019. PART-TIME AND HOURLY EMPLOYMENT. (a) In
15-1 computing the salary of a part-time or hourly employee, the rate of
15-2 pay must be proportional to the rate authorized by the General
15-3 Appropriations Act for full-time employment in the same classified
15-4 position, or if the position is not under the state's position
15-5 classification plan, for full-time employment in the applicable
15-6 exempt position.
15-7 (b) A part-time employee is subject to Subchapter K and to
15-8 the leave without pay provisions of Section 659.085.
15-9 (c) The comptroller may adopt rules to determine the hourly
15-10 rate of an employee paid on an hourly basis.
15-11 Sec. 659.020. SALARY SUPPLEMENTATION. A state employee
15-12 employed by a state agency as defined by Section 658.001 whose
15-13 position is classified under Chapter 654 or whose exempt position
15-14 is funded by the General Appropriations Act may not receive a
15-15 salary supplement from any source unless a specific grant of
15-16 authority to do so is provided by the General Appropriations Act or
15-17 other law.
15-18 Sec. 659.021. ADMINISTRATIVE HEAD OF AGENCY. The
15-19 administrative head of a state agency as defined by Section 658.001
15-20 whose salary as administrative head is established by the General
15-21 Appropriations Act may not receive a salary higher than that
15-22 established salary, even if the administrative head performs duties
15-23 assigned to a position title classified in the state's position
15-24 classification plan that is assigned to a salary group that would
15-25 pay a higher salary, unless the General Appropriations Act
15-26 specifically provides that a higher salary may be received.
15-27 Sec. 659.022. USE OF COMPENSATORY TIME BEFORE LAPSING. (a)
16-1 If an employee of a state agency as defined by Section 658.001 who
16-2 wishes to use accrued compensatory time that is subject to lapsing
16-3 submits a written request for permission to use the accrued
16-4 compensatory time to the employing state agency not later than the
16-5 90th day before the date on which the accrued compensatory time
16-6 will lapse, the employing state agency shall:
16-7 (1) approve in writing the employee's request; or
16-8 (2) provide the employee with an alternate date on
16-9 which the employee may use the compensatory time.
16-10 (b) The employee may request permission to use the accrued
16-11 compensatory time within 90 days of the date on which it will
16-12 lapse, and the employing agency is encouraged to reasonably
16-13 accomodate the employee's use of the accrued compensatory time
16-14 before it lapses.
16-15 Sec. 659.023. COMPENSATORY TIME POLICY. (a) A state agency
16-16 shall notify its employees annually of the state's policy on
16-17 compensatory time.
16-18 (b) A state agency shall accomodate to the extent
16-19 practicable an employee's request to use accrued compensatory time.
16-20 SECTION 13. Section 659.081, Government Code, is amended to
16-21 read as follows:
16-22 Sec. 659.081. PAYMENT ONCE A MONTH. Except as provided by
16-23 this subchapter or the General Appropriations Act, annual salaries
16-24 for state officers and employees shall be paid once a month.
16-25 SECTION 14. Section 659.082, Government Code, is amended to
16-26 read as follows:
16-27 Sec. 659.082. Payment Twice a Month. (a) An employee is
17-1 entitled to be paid employment compensation twice a month if:
17-2 (1) the employee is employed by:
17-3 (A) the Texas Department of Mental Health and
17-4 Mental Retardation;
17-5 (B) the Texas Department of Transportation;
17-6 (C) the Texas Department of Human Services;
17-7 (D) the Texas Workforce Commission;
17-8 (E) the Department of Public Safety; or
17-9 (F) any other state agency designated by the
17-10 comptroller;
17-11 (2) the employee holds a classified position under the
17-12 state's position classification plan;
17-13 (3) the employee's position is classified below salary
17-14 group A12 [12] under [the] classification salary Schedule A
17-15 [schedule] in the General Appropriations Act;
17-16 (4) the employing state agency satisfies the
17-17 comptroller's requirements relating to the payment of compensation
17-18 twice a month; and
17-19 (5) at least 30 percent of the eligible employees of
17-20 the agency choose to be paid twice a month.
17-21 (b) Employees of an institution of higher education as
17-22 defined by Section 61.003, Education Code, may be paid twice a
17-23 month at the election of the employing institution of higher
17-24 education.
17-25 SECTION 15. Subchapter F, Chapter 659, Government Code, is
17-26 amended by adding Section 659.085 to read as follows:
17-27 Sec. 659.085. DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;
18-1 PROPORTIONATE REQUIREMENT FOR PART-TIME PAY. (a) The amount of
18-2 monthly salary for an annual employee who maintains a 40-hour
18-3 workweek and is covered under Chapter 658 is computed in accordance
18-4 with the General Appropriations Act and equitable rules adopted by
18-5 the comptroller.
18-6 (b) For purposes of partial payment or other applicable
18-7 situations, an employee's equivalent hourly rate of pay for a given
18-8 month is computed in accordance with the General Appropriations Act
18-9 and equitable rules adopted by the comptroller. Alternatively, an
18-10 institution of higher education as defined by Section 61.003,
18-11 Education Code, may compute an employee's equivalent hourly rate of
18-12 pay for a given month by dividing the employee's annual salary by
18-13 2080, which is the number of working hours in the standard work
18-14 year. This subsection applies only to full-time employees
18-15 described by Subsection (a) and to part-time salaried employees.
18-16 (c) When an employee is on leave without pay, compensation
18-17 for the pay period will be reduced by an amount computed in
18-18 accordance with the General Appropriations Act and equitable rules
18-19 adopted by the comptroller.
18-20 (d) An agency that may contract with its employees for
18-21 employment for less than a 12-month period may make equal monthly
18-22 salary payments under the contract during the contract period or
18-23 during the fiscal year in accordance with the General
18-24 Appropriations Act and equitable rules adopted by the comptroller.
18-25 SECTION 16. Chapter 659, Government Code, is amended by
18-26 adding Subchapter K to read as follows:
19-1 SUBCHAPTER K. PROMOTIONS, RECLASSIFICATIONS, AND OTHER
19-2 ADJUSTMENTS TO SALARY
19-3 Sec. 659.251. APPLICABILITY. (a) This subchapter applies
19-4 only to a state employee employed in the executive or judicial
19-5 branch of state government.
19-6 (b) The policies for promotions, demotions, and other
19-7 adjustments to salary for employees of the legislative branch,
19-8 including employees of the lieutenant governor, are determined as
19-9 follows:
19-10 (1) for employees of either house of the legislature,
19-11 a member of the legislature, or the lieutenant governor, by the
19-12 presiding officer of the appropriate house of the legislature; and
19-13 (2) for employees of a legislative agency, by the
19-14 administrative head of the agency.
19-15 Sec. 659.252. DEFINITION. In this subchapter, "state
19-16 agency" means the state department, institution, entity, or other
19-17 agency in the executive or judicial branch of state government that
19-18 employs a state employee.
19-19 Sec. 659.253. TRANSFER WITHIN AGENCY FROM EXEMPT TO
19-20 CLASSIFIED POSITION. A state employee who moves within a state
19-21 agency from a position exempt from the state's position
19-22 classification plan to a classified position will receive an annual
19-23 salary in the proper salary group not to exceed:
19-24 (1) the rate for the salary step equal to the
19-25 employee's current exempt salary or the rate for the next higher
19-26 salary step, if moving to a position in a salary group that is
19-27 divided into steps; or
20-1 (2) the employee's current exempt salary or the
20-2 maximum rate of the new salary group, whichever is lower, if moving
20-3 to a position in a salary group that is not divided into steps.
20-4 Sec. 659.254. CLASSIFIED POSITION REALLOCATED OR
20-5 RECLASSIFIED TO DIFFERENT SALARY GROUP. (a) This section applies
20-6 only to positions classified under the state's position
20-7 classification plan.
20-8 (b) In this section:
20-9 (1) "higher salary group" means a salary group with a
20-10 higher minimum salary rate; and
20-11 (2) "lower salary group" means a salary group with a
20-12 lower minimum salary rate.
20-13 (c) An employee whose classified position is reallocated by
20-14 the General Appropriations Act or reclassified under Chapter 654 to
20-15 a higher salary group will be paid at the minimum salary rate in
20-16 the higher salary group or at the salary rate the employee would
20-17 have received without the reallocation or reclassification,
20-18 whichever rate is higher, except:
20-19 (1) to maintain desirable salary relationships among
20-20 employees in the affected positions, the salary may be adjusted not
20-21 more than:
20-22 (A) two steps higher, if the employee's salary
20-23 group is divided into steps by the General Appropriations Act; or
20-24 (B) 6.8 percent higher, if the employee's salary
20-25 group is not divided into steps by the General Appropriations Act;
20-26 and
20-27 (2) the employee may not advance to a step number in
21-1 the new salary group higher than the step number rate held before
21-2 the reallocation or reclassification, if the employee's salary
21-3 group is divided into steps by the General Appropriations Act.
21-4 (d) An employee whose classified position is reallocated by
21-5 the General Appropriations Act or reclassified under Chapter 654 to
21-6 a lower salary group will be paid at the salary rate that the
21-7 employee would have received had the position not been reallocated
21-8 or reclassified, not to exceed the maximum rate of the lower salary
21-9 group.
21-10 Sec. 659.255. MERIT SALARY INCREASES; ONE-TIME MERIT
21-11 PAYMENTS. (a) This section applies only to positions classified
21-12 under the state's position classification plan.
21-13 (b) A state agency administrator may grant merit salary
21-14 increases including one-time merit payments to employees
21-15 compensated under Salary Schedules A and B of the General
21-16 Appropriations Act whose job performance and productivity are
21-17 consistently above that normally expected or required. For
21-18 classified employees compensated under Salary Schedule A of the
21-19 General Appropriations Act, a merit increase involves an increase
21-20 in an employee's salary to a higher step rate in the same salary
21-21 group. For classified employees compensated under Salary Schedule
21-22 B of the General Appropriations Act, a merit increase involves an
21-23 increase in an employee's salary to a higher rate within the range
21-24 of the same salary group. Merit increases including one-time merit
21-25 payments are subject to the restrictions prescribed by Subsections
21-26 (c)-(e).
21-27 (c) The comptroller shall prescribe accounting and reporting
22-1 procedures as necessary to ensure the availability of information
22-2 reflecting each state agency's use of merit salary increases,
22-3 including one-time merit payments.
22-4 (d) Merit salary increases including one-time merit payments
22-5 shall be applied throughout the range of classified salary groups
22-6 used by each state agency.
22-7 (e) For an employee to be eligible for a merit salary
22-8 increase or a one-time merit payment, the following additional
22-9 criteria must be met:
22-10 (1) the employee must have been employed by the state
22-11 agency for at least six continuous months prior to the award of the
22-12 increase or payment;
22-13 (2) at least six months must have elapsed since the
22-14 employee's last promotion, enhanced compensation award authorized
22-15 by the General Appropriations Act, one-time merit payment, or merit
22-16 salary increase at the agency; and
22-17 (3) agency criteria for granting merit salary
22-18 increases or one-time merit payments must include specific criteria
22-19 and documentation to substantiate the granting of a merit increase
22-20 or one-time merit payment.
22-21 Sec. 659.256. PROMOTIONS. (a) This section applies only to
22-22 positions classified under the state's position classification
22-23 plan.
22-24 (b) A promotion is an employee's change in duty assignment
22-25 within a state agency from one classified position to another
22-26 classified position that:
22-27 (1) is in a salary group with a higher minimum salary
23-1 rate;
23-2 (2) requires higher qualifications, such as greater
23-3 skill or longer experience; and
23-4 (3) involves a higher level of responsibility.
23-5 (c) When an employee is promoted to a position in a higher
23-6 salary group in Salary Schedule A of the General Appropriations
23-7 Act, the employee shall receive a salary rate at least one step
23-8 higher than the employee's salary rate before promotion or the
23-9 minimum rate of the new salary range, whichever is higher, and may,
23-10 at the discretion of the state agency administrator, receive an
23-11 annual salary rate up to and including the maximum rate of the new
23-12 salary range. When an employee is promoted from a position in
23-13 Salary Schedule B or C of the General Appropriations Act to a
23-14 position in Salary Schedule A of the General Appropriations Act,
23-15 the employee shall receive a step rate that is at least one step
23-16 above the rate the employee received before promotion or the
23-17 minimum rate of the new salary range, whichever is higher, and may,
23-18 at the discretion of the state agency administrator, receive an
23-19 annual rate up to and including the maximum rate of the new salary
23-20 range.
23-21 (d) When an employee is promoted in Salary Schedule B of the
23-22 General Appropriations Act or from Salary Schedule A or C of the
23-23 General Appropriations Act to Salary Schedule B of the General
23-24 Appropriations Act, the employee shall receive a salary rate that
23-25 is at least 3.4 percent higher than the employee's salary before
23-26 promotion or the minimum rate of the new salary range, whichever is
23-27 higher, and may, at the discretion of the state agency
24-1 administrator, receive an annual rate up to and including the
24-2 maximum rate of the new salary range.
24-3 (e) When an employee is promoted in Salary Schedule C of the
24-4 General Appropriations Act or from Salary Schedule A or B of the
24-5 General Appropriations Act to Salary Schedule C of the General
24-6 Appropriations Act, the employee shall receive the rate set in the
24-7 schedule for that salary group.
24-8 (f) Notwithstanding the other provisions of this section, an
24-9 employee whose salary prior to promotion exceeds the maximum rate
24-10 of the employee's assigned salary group may not receive more than
24-11 the maximum rate of the new salary group, even if the increase is
24-12 less than one step in Salary Schedule A of the General
24-13 Appropriations Act or 3.4 percent in Salary Schedule B of the
24-14 General Appropriations Act.
24-15 Sec. 659.257. DEMOTIONS. (a) This section applies only to
24-16 positions classified under the state's position classification
24-17 plan.
24-18 (b) A demotion is an employee's change in duty assignment
24-19 within a state agency from one classified position to another
24-20 classified position that is in a salary group with a lower minimum
24-21 salary rate.
24-22 (c) When an employee is demoted to a position in a lower
24-23 salary group in Salary Schedule A of the General Appropriations
24-24 Act, the employee will receive a salary rate at least one step
24-25 below the rate the employee received before demotion. When an
24-26 employee is demoted from a position in Salary Schedule B or C of
24-27 the General Appropriations Act to a position in Salary Schedule A
25-1 of the General Appropriations Act, the employee shall receive a
25-2 step rate that is at least 3.4 percent below the rate the employee
25-3 received before demotion.
25-4 (d) When an employee is demoted within Salary Schedule B of
25-5 the General Appropriations Act or from Salary Schedule A or C of
25-6 the General Appropriations Act to Salary Schedule B of the General
25-7 Appropriations Act, the employee will receive a salary rate of at
25-8 least 3.4 percent below the rate the employee received before
25-9 demotion.
25-10 (e) When an employee is demoted to a position in a lower
25-11 salary group in Salary Schedule C of the General Appropriations Act
25-12 or from Salary Schedule A or B of the General Appropriations Act to
25-13 Salary Schedule C of the General Appropriations Act, the employee
25-14 will receive the rate set in the schedule for that salary group.
25-15 (f) As exceptions to the other provisions in this section,
25-16 an agency is not required to reduce an employee's salary if:
25-17 (1) the employee accepts a position in another
25-18 classification in a lower salary group in lieu of a layoff under a
25-19 reduction in force; or
25-20 (2) the employee is selected for another position in a
25-21 classification in a lower salary group as a result of applying for
25-22 the position.
25-23 (g) An employee demoted in the manner described by
25-24 Subsection (f) may not receive a salary rate that exceeds the
25-25 maximum rate of the lower salary group. In addition, an employee
25-26 demoted as described by Subsection (f)(1) may not receive a salary
25-27 rate that exceeds the employee's salary rate before the demotion.
26-1 Sec. 659.258. SALARY REDUCTION FOR DISCIPLINARY REASONS.
26-2 (a) This section applies only to positions classified under the
26-3 state's position classification plan.
26-4 (b) The administrative head of a state agency may reduce an
26-5 employee's salary for disciplinary reasons, if warranted by the
26-6 employee's performance, to a rate in the employee's designated
26-7 salary group not lower than the minimum rate. The agency may, as
26-8 the employee's performance improves, restore the employee's pay to
26-9 any rate that does not exceed the employee's prior salary rate
26-10 without accounting for the restoration as a merit salary increase.
26-11 Sec. 659.259. SALARY LIMITED TO MAXIMUM GROUP RATE. (a)
26-12 This section applies only to positions classified under the state's
26-13 position classification plan.
26-14 (b) A salary adjustment authorized by this subchapter may
26-15 not result in an employee's receiving an annual salary that exceeds
26-16 the maximum rate of the salary group to which the employee's
26-17 position is allocated.
26-18 (c) Employees who are paid above the maximum of their job
26-19 class' designated salary group on August 1, 1999, will be allowed
26-20 to maintain their salaries. However, in no case may they be
26-21 allowed to receive additional salary increases, including
26-22 across-the-board increases and merit increases, including one-time
26-23 merit payments, until the salary maximum for their designated
26-24 salary group encompasses their salary. These employees must be
26-25 paid in the salary range if they are promoted, demoted, or
26-26 reclassified.
26-27 Sec. 659.260. TEMPORARY ASSIGNMENT. (a) This section
27-1 applies only to an employee whose permanent position is classified
27-2 under the state's position classification plan.
27-3 (b) To facilitate a state agency's work during an emergency
27-4 or other special circumstance, an employee may:
27-5 (1) be temporarily assigned to other duties for a
27-6 period not to exceed six months; and
27-7 (2) receive during the period of reassignment the
27-8 appropriate rate of pay for the temporary position if the temporary
27-9 position is classified in a salary group with a higher minimum
27-10 salary rate.
27-11 (c) An employee may not be assigned temporary duties under
27-12 this section for more than six months during a twelve-month period.
27-13 (d) An employee temporarily designated to act as the
27-14 administrative head of a state agency may continue to receive a
27-15 salary for a classified position in an amount not to exceed the
27-16 amount established by the General Appropriations Act for the
27-17 administrative head of the agency.
27-18 (e) While the employee is temporarily assigned under this
27-19 section, the state agency may not:
27-20 (1) award a merit salary increase to the employee;
27-21 (2) promote or demote the employee; or
27-22 (3) reduce the employee's salary.
27-23 Sec. 659.261. SALARY CAP. (a) The maximum amount a state
27-24 agency spends for merit salary increases in and promotions to
27-25 classified positions during a fiscal year may not exceed, without
27-26 the written approval of the budget division of the governor's
27-27 office and the Legislative Budget Board, the amount computed by
28-1 multiplying the total amount spent by the agency in the preceding
28-2 fiscal year for classified salaries times the percentage set by the
28-3 General Appropriations Act for purposes of this computation.
28-4 (b) The maximum amount that may be spent for merit salary
28-5 increases in and promotions to classified positions shall be
28-6 computed separately for each year of the state fiscal biennium.
28-7 Merit salary increases and promotions awarded in the first fiscal
28-8 year of a biennium do not count against the maximum amount that may
28-9 be spent for those increases in the second fiscal year of that
28-10 biennium.
28-11 (c) Money spent to pay a salary increase for an employee who
28-12 is promoted to a classified position title counts against the
28-13 limitation prescribed by this section only if, as a result of the
28-14 promotion, the number of agency employees in that position title
28-15 exceeds the maximum number of agency employees who have been in
28-16 that position title at any time during the preceding six-month
28-17 period.
28-18 (d) A request to exceed the limitation prescribed by this
28-19 section must be submitted by the governing body of the agency, or
28-20 by the head of the agency if the agency is not governed by a
28-21 multimember governing body, and must include at least:
28-22 (1) the date on which the governing body or the head
28-23 of the agency approved the request;
28-24 (2) a statement justifying the need to exceed the
28-25 limitation; and
28-26 (3) the source of funds to be used to pay the salary
28-27 increases.
29-1 (e) The comptroller shall prescribe accounting and reporting
29-2 procedures necessary to ensure that the amount spent for merit
29-3 salary increases and promotions does not exceed the limitations
29-4 established by this section.
29-5 SECTION 17. Subsection (c), Section 661.033, Government
29-6 Code, is amended to read as follows:
29-7 (c) Payment under this section may not be for more than:
29-8 (1) all of the state employee's accumulated vacation
29-9 leave; and
29-10 (2) one-half of the state employee's accumulated sick
29-11 leave or 336 hours of sick leave, whichever is less.
29-12 SECTION 18. Section 661.062, Government Code, is amended by
29-13 amending Subsections (a) and (b) and adding Subsection (f) to read
29-14 as follows:
29-15 (a) A state employee who, at any time during the employee's
29-16 lifetime, has accrued six months of continuous state employment and
29-17 who resigns, is dismissed, or otherwise [for any reason] separates
29-18 from state employment is entitled to be paid for the accrued
29-19 balance of the employee's vacation time as of the date of
29-20 separation, if the individual is not reemployed by the state in a
29-21 position under which the employee accrues vacation leave during the
29-22 30-day period immediately following the date of separation from
29-23 state employment.
29-24 (b) A separation from state employment includes a separation
29-25 in which the employee:
29-26 (1) leaves one state agency to begin working for
29-27 another state agency, if one or more workdays occur between the two
30-1 employments and the individual is not reemployed by the state in a
30-2 position under which the employee accrues vacation leave during the
30-3 30-day period immediately following the date of separation from
30-4 state employment;
30-5 (2) moves from a position in a state agency that
30-6 accrues vacation time to a position in that agency that does not
30-7 accrue vacation time, if the agency agrees to pay the employee for
30-8 the accrued balance of the employee's vacation time;
30-9 (3) moves from a position in a state agency that
30-10 accrues vacation time to a position in another state agency that
30-11 does not accrue vacation time, if the other state agency refuses to
30-12 credit the employee for the balance of the employee's vacation time
30-13 as of the date of the move;
30-14 (4) moves from a position in a state agency that does
30-15 not accrue vacation time to a position in another state agency that
30-16 does not accrue vacation time, if the other state agency is not
30-17 authorized or refuses to credit the employee for the balance of the
30-18 employee's vacation time as of the date of the move; or
30-19 (5) holds two or more positions, and separates from
30-20 one that accrues vacation time.
30-21 (f) Payment for accrued vacation leave for employees of the
30-22 legislative branch, including employees of the lieutenant governor,
30-23 is determined as follows:
30-24 (1) for employees of either house of the legislature,
30-25 a member of the legislature, or the lieutenant governor, by the
30-26 presiding officer of the appropriate house of the legislature; and
30-27 (2) for employees of a legislative agency, by the
31-1 administrative head of the agency.
31-2 SECTION 19. Chapter 661, Government Code, is amended by
31-3 amending Subchapter F and adding Subchapters G and Z to read as
31-4 follows:
31-5 SUBCHAPTER F. GENERAL PROVISIONS FOR VACATION [OTHER CATEGORIES
31-6 OF] LEAVE FOR STATE EMPLOYEES
31-7 Sec. 661.151. STATE AUDITOR INTERPRETATION. (a) The state
31-8 auditor shall provide a uniform interpretation of this subchapter
31-9 and Subchapters G and Z.
31-10 (b) The state auditor shall report to the governor and the
31-11 legislature any state agency or institution of higher education
31-12 that practices exceptions to those laws.
31-13 Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. (a) A
31-14 state employee is entitled to a vacation in each fiscal year
31-15 without a deduction in salary, except for a state employee who is:
31-16 (1) an employee of an institution of higher education
31-17 as defined by Section 61.003, Education Code, who:
31-18 (A) is not employed to work at least 20 hours
31-19 per week for a period of at least four and one-half months; or
31-20 (B) is employed in a position for which the
31-21 employee is required to be a student as a condition of the
31-22 employment;
31-23 (2) a faculty member employed for a period of fewer
31-24 than 12 months by an institution of higher education as defined by
31-25 Section 61.003, Education Code; or
31-26 (3) an instructional employee employed for a period of
31-27 fewer than 12 months by the Texas School for the Blind and Visually
32-1 Impaired, the Texas School for the Deaf, or the Texas Youth
32-2 Commission.
32-3 (b) The amount of vacation accrues and may be taken in
32-4 accordance with this subchapter.
32-5 (c) A part-time employee accrues vacation leave on a
32-6 proportionate basis. The maximum amount of vacation leave a
32-7 part-time employee may carry forward from one fiscal year to the
32-8 next is also on a proportionate basis.
32-9 (d) An employee accrues vacation leave and may carry
32-10 vacation leave forward from one fiscal year to the next in
32-11 accordance with the following schedule:
32-12 Maximum Hours
32-13 Carried Forward
32-14 Hours Accrued From One Fiscal
32-15 Per Month for Year to the Next
32-16 Employees With Total Full-time for a Full-time
32-17 State Employment of: Employment Employee
32-18 less than 2 years 7 168
32-19 at least 2 but less than 5 years 8 232
32-20 at least 5 but less than 10 years 9 256
32-21 at least 10 but less than 15 years 10 280
32-22 at least 15 but less than 20 years 12 328
32-23 at least 20 but less than 25 years 14 376
32-24 at least 25 but less than 30 years 16 424
32-25 at least 30 but less than 35 years 18 472
32-26 at least 35 years or more 20 520
32-27 (e) An employee accrues vacation leave at the applicable
33-1 rate beginning on the first day of state employment and ending on
33-2 the last day of state employment. An employee accrues and is
33-3 entitled to be credited for one month's vacation leave for each
33-4 month of employment with the state beginning on the first day of
33-5 employment with the state and on the first calendar day of each
33-6 succeeding month of state employment. An employee who is employed
33-7 by the state during any part of a calendar month accrues vacation
33-8 leave entitlement for the entire calendar month.
33-9 (f) An employee may not take vacation leave until the
33-10 employee has six months of continuous employment with the state,
33-11 although the employee accrues vacation leave during that period.
33-12 (g) If an employee's state employment anniversary date
33-13 occurs on the first calendar day of a month, the employee begins to
33-14 accrue vacation leave at a higher rate in accordance with
33-15 Subsection (d) on the first calendar day of the appropriate month.
33-16 Otherwise, the employee begins to accrue vacation leave at the
33-17 higher rate on the first calendar day of the month following the
33-18 anniversary date. An employee who begins working on the first
33-19 workday of a month in a position that accrues vacation leave is
33-20 considered to have begun working on the first calendar day of the
33-21 month for purposes of this subsection.
33-22 (h) An employee is entitled to carry forward from one fiscal
33-23 year to the next the net balance of unused accumulated vacation
33-24 leave that does not exceed the maximum number of hours allowed
33-25 under Subsection (d). All hours of unused accumulated vacation
33-26 leave that may not be carried forward at the end of a fiscal year
33-27 under this subsection and Subsection (d) shall be credited to the
34-1 employee's sick leave balance on the first day of the next fiscal
34-2 year.
34-3 (i) In computing the amount of vacation leave taken, time
34-4 during which an employee is excused from work because of a holiday
34-5 is not charged against the employee's vacation leave.
34-6 (j) An employee who is on paid leave on the first workday of
34-7 a month may not take vacation leave accrued for that month until
34-8 the employee has returned to duty.
34-9 (k) An individual who is reemployed by any state agency in a
34-10 position under which the employee accrues vacation leave within 30
34-11 days after the individual's date of separation from state
34-12 employment is entitled to reinstatement of the unused balance of
34-13 the employee's previously accrued vacation leave.
34-14 Sec. 661.153. TRANSFER OF VACATION LEAVE BALANCE. A state
34-15 employee who transfers directly from one state agency to another is
34-16 entitled to credit by the agency to which the employee transfers
34-17 for the unused balance of the employee's accumulated vacation
34-18 leave, if the employee's employment with the state is uninterrupted
34-19 and if the employee is not paid for the leave under Section
34-20 661.062.
34-21 Sec. 661.154. VACATION LEAVE FOR LEGISLATIVE EMPLOYEES.
34-22 Vacation leave for employees of the legislative branch, including
34-23 employees of the lieutenant governor, is determined as follows:
34-24 (1) for employees of either house of the legislature,
34-25 a member of the legislature, or the lieutenant governor, by the
34-26 presiding officer of the appropriate house of the legislature; and
34-27 (2) for employees of a legislative agency, by the
35-1 administrative head of the agency.
35-2 (Sections 661.155 to 661.200 reserved for expansion
35-3 SUBCHAPTER G. GENERAL PROVISIONS FOR SICK LEAVE FOR STATE
35-4 EMPLOYEES
35-5 Sec. 661.201. APPLICABILITY. (a) Sick leave for employees
35-6 of the legislative branch, including employees of the lieutenant
35-7 governor, is determined as follows:
35-8 (1) for employees of either house of the legislature,
35-9 a member of the legislature, or the lieutenant governor, by the
35-10 presiding officer of the appropriate house of the legislature; and
35-11 (2) for employees of a legislative agency, by the
35-12 administrative head of the agency.
35-13 (b) An employee of an institution of higher education as
35-14 defined by Section 61.003, Education Code, is eligible to accrue or
35-15 take paid sick leave under this subchapter only if the employee:
35-16 (1) is employed to work at least 20 hours per week for
35-17 a period of at least four and one-half months; and
35-18 (2) is not employed in a position for which the
35-19 employee is required to be a student as a condition of the
35-20 employment.
35-21 Sec. 661.202. ENTITLEMENT TO SICK LEAVE; GENERAL PROVISIONS
35-22 AND PROCEDURES. (a) A state employee is entitled to sick leave
35-23 without a deduction in salary in accordance with this subchapter.
35-24 (b) An employee accrues sick leave beginning on the first
35-25 day of state employment and ending on the last day of state
35-26 employment. An employee is entitled to be credited for one month's
35-27 accrual of sick leave at the rate specified by Subsection (c) for
36-1 each month of employment with the state beginning on the first day
36-2 of employment with the state and on the first calendar day of each
36-3 succeeding month of state employment.
36-4 (c) Sick leave entitlement for a full-time employee accrues
36-5 at the rate of eight hours for each month of state employment. A
36-6 part-time employee accrues sick leave on a proportionate basis. An
36-7 employee who is employed by the state during any part of a calendar
36-8 month accrues sick leave entitlement for the entire calendar month.
36-9 Sick leave accumulates with the unused amount of sick leave carried
36-10 forward each month.
36-11 (d) Sick leave with pay may be taken when sickness, injury,
36-12 or pregnancy and confinement prevent the employee's performance of
36-13 duty or when the employee is needed to care for and assist a member
36-14 of the employee's immediate family who is sick. For purposes of
36-15 taking regular sick leave with pay, the following persons are
36-16 considered to be members of the employee's immediate family:
36-17 (1) an individual who resides in the same household as
36-18 the employee and is related to the employee by kinship, adoption,
36-19 or marriage;
36-20 (2) a foster child of the employee who resides in the
36-21 same household as the employee and who is under the conservatorship
36-22 of the Department of Protective and Regulatory Services; and
36-23 (3) a minor child of the employee, regardless of
36-24 whether the child lives in the same household.
36-25 (e) An employee's use of sick leave to care for and assist
36-26 members of the employee's family who are not described by
36-27 Subsection (d) is strictly limited to the time necessary to provide
37-1 care and assistance to a spouse, child, or parent of the employee
37-2 who needs the care and assistance as a direct result of a
37-3 documented medical condition.
37-4 (f) An employee who must be absent from duty because of
37-5 sickness, injury, or pregnancy and confinement shall notify the
37-6 employee's supervisor or have the supervisor notified of that fact
37-7 at the earliest practicable time.
37-8 (g) To be eligible to take accumulated sick leave without a
37-9 deduction in salary during a continuous period of more than three
37-10 working days, an employee absent due to sickness, injury, or
37-11 pregnancy and confinement shall send to the administrative head of
37-12 the employing agency a doctor's certificate showing the cause or
37-13 nature of the condition or another written statement of the facts
37-14 concerning the condition that is acceptable to the administrative
37-15 head. The administrative head of an agency may require a doctor's
37-16 certificate or other written statement of the facts for sick leave
37-17 without a deduction in salary taken during a continuous period of
37-18 three or fewer working days.
37-19 (h) On returning to duty after taking sick leave, the
37-20 employee shall without delay complete the prescribed application
37-21 for sick leave and send the application in the manner prescribed by
37-22 the agency to the appropriate authority for approving the
37-23 application.
37-24 (i) The administrative head of an agency that is in
37-25 compliance with Subsection (j) may authorize an exception to the
37-26 amount of sick leave an employee may take after a review of the
37-27 individual's particular circumstances. A statement of all
38-1 authorized exceptions and the reasons for the exceptions shall be
38-2 attached to the state agency's duplicate payroll voucher for the
38-3 payroll period affected by the authorized exceptions.
38-4 (j) A state agency shall file a written statement with the
38-5 state auditor covering the policies and procedures for an extension
38-6 of leave under Subsection (i) and shall make the statement
38-7 available to all agency employees.
38-8 (k) An employee who is on leave on the first day of a month
38-9 may not use the sick leave that the employee accrues for that month
38-10 until after the employee returns to duty.
38-11 Sec. 661.203. FACULTY AT INSTITUTIONS OF HIGHER EDUCATION.
38-12 A faculty member at an institution of higher education as defined
38-13 by Section 61.003, Education Code, must submit prescribed leave
38-14 forms for all sick leave the faculty member takes if the absence
38-15 occurs during the normal workday for regular employees, even if no
38-16 classes are missed.
38-17 Sec. 661.204. TRANSFER OF SICK LEAVE BALANCE. A state
38-18 employee who transfers directly from one state agency to another is
38-19 entitled to credit by the agency to which the employee transfers
38-20 for the unused balance of the employee's accumulated sick leave, if
38-21 the employee's employment with the state is uninterrupted.
38-22 Sec. 661.205. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN
38-23 CERTAIN CIRCUMSTANCES. (a) An employee who separates from
38-24 employment with the state under a formal reduction in force is
38-25 entitled to have the employee's sick leave balance restored if the
38-26 employee is reemployed by the state within 12 months after the end
38-27 of the month in which the employee separates from state employment.
39-1 (b) An employee who separates from employment with the state
39-2 for a reason other than that described by Subsection (a) is
39-3 entitled to have the employee's sick leave balance restored if:
39-4 (1) the employee is reemployed by the same state
39-5 agency or institution of higher education within 12 months after
39-6 the end of the month in which the employee separates from state
39-7 employment, but only if there has been a break in employment with
39-8 the state of at least 30 calendar days; or
39-9 (2) the employee is reemployed by a different state
39-10 agency or institution of higher education within 12 months after
39-11 the end of the month in which the employee separates from state
39-12 employment.
39-13 Sec. 661.206. PARENT-TEACHER CONFERENCE: USE OF SICK LEAVE.
39-14 (a) This section applies to an employee who is a parent of a child
39-15 who is a student attending a grade from prekindergarten through
39-16 12th grade.
39-17 (b) An employee may use up to eight hours of sick leave each
39-18 calendar year to attend parent-teacher conference sessions for the
39-19 employee's children.
39-20 (c) An employee shall give reasonable advance notice of the
39-21 employee's intention to use the sick leave to attend a
39-22 parent-teacher conference.
39-23 (d) In this section:
39-24 (1) "Employee" has the meaning assigned by Section
39-25 661.001.
39-26 (2) "Parent" means a person standing in parental
39-27 relation.
40-1 (Sections 661.207 to 661.900 reserved for expansion
40-2 SUBCHAPTER Z. MISCELLANEOUS LEAVE PROVISIONS FOR STATE EMPLOYEES
40-3 Sec. 661.901. APPLICABILITY. (a) This subchapter applies
40-4 only to a state employee employed in the executive or judicial
40-5 branch of state government.
40-6 (b) The leave policies for employees of the legislative
40-7 branch, including employees of the lieutenant governor, are
40-8 determined as follows:
40-9 (1) for employees of either house of the legislature,
40-10 a member of the legislature, or the lieutenant governor, by the
40-11 presiding officer of the appropriate house of the legislature; and
40-12 (2) for employees of a legislative agency, by the
40-13 administrative head of the agency.
40-14 (c) An employee of an institution of higher education as
40-15 defined by Section 61.003, Education Code, is eligible to accrue or
40-16 take paid leave under this subchapter only if the employee:
40-17 (1) is employed to work at least 20 hours per week for
40-18 a period of at least four and one-half months; and
40-19 (2) is not employed in a position for which the
40-20 employee is required to be a student as a condition of the
40-21 employment.
40-22 Sec. 661.902. EMERGENCY LEAVE. (a) A state employee is
40-23 entitled to emergency leave without a deduction in salary because
40-24 of a death in the employee's family. The death of the employee's
40-25 spouse or of a parent, brother, sister, grandparent, grandchild, or
40-26 child of the employee or of the employee's spouse is considered to
40-27 be a death in the employee's family for purposes of this
41-1 subsection.
41-2 (b) The administrative head of an agency may determine that
41-3 a reason other than that described by Subsection (a) is sufficient
41-4 for granting emergency leave and shall grant an emergency leave to
41-5 an employee who the administrative head determines has shown good
41-6 cause for taking emergency leave.
41-7 Sec. 661.903. NATIONAL GUARD EMERGENCY. A state employee
41-8 who is called to active duty as a member of the Texas National
41-9 Guard by the governor because of an emergency is entitled to a
41-10 leave of absence without a deduction in salary in accordance with
41-11 Section 431.0825.
41-12 Sec. 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY.
41-13 (a) An employee called to active duty during a national emergency
41-14 to serve in a reserve component of the armed forces of the United
41-15 States is entitled to an unpaid leave of absence.
41-16 (b) The employee continues to accrue state service credit
41-17 for purposes of longevity pay while on military duty described by
41-18 Subsection (a) but does not accrue vacation or sick leave during
41-19 that time.
41-20 (c) The employee retains any accrued vacation or sick leave
41-21 and is entitled to be credited with those balances on return to
41-22 state employment from military duty described by Subsection (a).
41-23 Sec. 661.905. VOLUNTEER FIREFIGHTERS. (a) A state employee
41-24 who is a volunteer firefighter is entitled to a leave of absence
41-25 without a deduction in salary to attend fire service training
41-26 conducted by a state agency or institution of higher education.
41-27 Leave without a deduction in salary under this subsection may not
42-1 exceed five working days in a fiscal year.
42-2 (b) A state agency or institution of higher education may
42-3 grant leave without a deduction in salary to a volunteer
42-4 firefighter for the purpose of allowing the firefighter to respond
42-5 to emergency fire situations if the agency or institution has an
42-6 established policy for granting that leave.
42-7 Sec. 661.906. FOSTER PARENTS. A state employee who is a
42-8 foster parent to a child under the conservatorship of the
42-9 Department of Protective and Regulatory Services is entitled to a
42-10 leave of absence without a deduction in salary for the purpose of
42-11 attending:
42-12 (1) meetings held by the Department of Protective and
42-13 Regulatory Services regarding the child under the foster care of
42-14 the employee; or
42-15 (2) an admission, review, and dismissal meeting held
42-16 by a school district regarding the child under the foster care of
42-17 the employee.
42-18 Sec. 661.907. RED CROSS DISASTER SERVICE VOLUNTEER. (a) A
42-19 state employee who is a certified disaster service volunteer of the
42-20 American Red Cross or who is in training to become such a volunteer
42-21 may be granted leave not to exceed 10 days each fiscal year to
42-22 participate in specialized disaster relief services for the
42-23 American Red Cross without a deduction in salary or loss of
42-24 vacation time, sick leave, earned overtime credit, or state
42-25 compensatory time if the leave is taken:
42-26 (1) on the request of the American Red Cross;
42-27 (2) with the authorization of the employee's
43-1 supervisor; and
43-2 (3) with the approval of the governor.
43-3 (b) The number of certified disaster service volunteers who
43-4 are eligible for leave under this section may not exceed 350 state
43-5 employees at any one time during a fiscal year. The division of
43-6 emergency management in the governor's office shall coordinate the
43-7 establishment and maintenance of the list of eligible employees.
43-8 (c) Not later than the 60th day after the date the American
43-9 Red Cross makes a request under Subsection (a)(1), the American Red
43-10 Cross shall prepare a report for the Legislative Budget Board
43-11 stating the reasons for the request.
43-12 Sec. 661.908. LEAVE RECORDS; TIME AND ATTENDANCE RECORDS.
43-13 The administrative head or governing body of each state agency
43-14 shall require for each employee:
43-15 (1) time and attendance records;
43-16 (2) a record of the accrual and taking of vacation and
43-17 sick leave;
43-18 (3) a record of the reason an employee takes leave if
43-19 other law requires the employee to inform the agency of the reason;
43-20 and
43-21 (4) a record that shows whether any leave taken is
43-22 accounted for as sick leave, vacation leave, other paid leave,
43-23 leave without pay, or other absence.
43-24 Sec. 661.909. LEAVE WITHOUT PAY; LEAVE OF ABSENCE. (a) A
43-25 state agency or institution of higher education may grant employees
43-26 leave without pay, including a leave of absence without pay, in
43-27 accordance with this section.
44-1 (b) The duration of the leave may not exceed 12 months.
44-2 (c) Except for disciplinary suspensions, active military
44-3 duty, and leave covered by workers' compensation benefits, all
44-4 accumulated paid leave entitlements must be used before going on
44-5 leave without pay status. Sick leave must first be used only if
44-6 the employee is taking leave for a reason for which the employee is
44-7 eligible to take sick leave under Subchapter G.
44-8 (d) Subject to fiscal constraints, approval of the leave
44-9 constitutes a guarantee of employment at the conclusion of the
44-10 specified leave period.
44-11 (e) The administrative head of a state agency or institution
44-12 of higher education may grant exceptions to the limitations of this
44-13 section if the employee is taking the leave for a reason such as:
44-14 (1) to work for another state governmental entity
44-15 under an interagency agreement; or
44-16 (2) educational purposes.
44-17 (f) Except for an employee who returns to state employment
44-18 from military leave without pay under Section 661.904, a full
44-19 calendar month during which an employee is on leave without pay is
44-20 not counted in computing:
44-21 (1) total state service for purposes related to
44-22 longevity pay or to the rate of accrual of vacation leave; or
44-23 (2) continuous state service for purposes related to
44-24 merit salary provisions or vacation leave.
44-25 (g) An employee does not accrue vacation or sick leave for a
44-26 full calendar month during which the employee is on leave without
44-27 pay.
45-1 (h) A full or partial calendar month during which an
45-2 employee is on leave without pay does not constitute a break in
45-3 continuity of employment.
45-4 Sec. 661.910. ASSISTANCE DOG TRAINING FOR EMPLOYEES WITH A
45-5 DISABILITY. (a) A state employee who is a person with a
45-6 disability, as defined by Section 121.002, Human Resources Code, is
45-7 entitled to a leave of absence without a deduction in salary for
45-8 the purpose of attending a training program to acquaint the
45-9 employee with an assistance dog to be used by the employee.
45-10 (b) The leave of absence provided by this section may not
45-11 exceed 10 working days in a fiscal year.
45-12 Sec. 661.911. ADMINISTRATIVE LEAVE WITH PAY. (a) In
45-13 addition to employee leave authorized elsewhere in this chapter,
45-14 the administrative head of an agency may grant administrative leave
45-15 without a deduction in salary to an employee as a reward for
45-16 outstanding performance as documented by employee performance
45-17 appraisals.
45-18 (b) The total amount of administrative leave an employee may
45-19 be granted under this section may not exceed 32 hours during a
45-20 fiscal year.
45-21 Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) To the
45-22 extent required by federal law, a state employee who has a total of
45-23 at least 12 months of state service and who has worked at least
45-24 1,250 hours during the 12-month period preceding the beginning of
45-25 leave under this section is entitled to leave under the federal
45-26 Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
45-27 seq.).
46-1 (b) The employee must first use all available and applicable
46-2 paid vacation and sick leave while taking leave under this section,
46-3 except that an employee who is receiving temporary disability
46-4 benefits or workers' compensation benefits is not required to first
46-5 use applicable paid vacation or sick leave while receiving those
46-6 benefits.
46-7 Sec. 661.913. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. (a) A
46-8 state employee who has been employed for fewer than 12 months by
46-9 the state or who worked fewer than 1,250 hours during the 12-month
46-10 period preceding the beginning of leave under this section is
46-11 eligible to take a parental leave of absence not to exceed 12 weeks
46-12 in accordance with this section.
46-13 (b) The employee must first use all available and applicable
46-14 paid vacation and sick leave while taking the leave, and the
46-15 remainder of the leave is unpaid.
46-16 (c) The leave authorized by this section is limited to, and
46-17 begins on the date of, the birth of a natural child of the employee
46-18 or the adoption by or foster care placement with the employee of a
46-19 child younger than three years of age.
46-20 Sec. 661.914. VOTING BY STATE EMPLOYEES. A state agency
46-21 shall allow each agency employee sufficient time off, without a
46-22 deduction in salary or accrued leave, to vote in each national,
46-23 state, or local election.
46-24 SECTION 20. Subsection (b), Section 662.003, Government
46-25 Code, is amended to read as follows:
46-26 (b) A state holiday includes only the following days:
46-27 (1) the 19th day of January, "Confederate Heroes Day,"
47-1 in honor of Jefferson Davis, Robert E. Lee, and other Confederate
47-2 heroes;
47-3 (2) the second day of March, "Texas Independence Day";
47-4 (3) the 21st day of April, "San Jacinto Day";
47-5 (4) the 19th day of June, "Emancipation Day in Texas,"
47-6 in honor of the emancipation of the slaves in Texas in 1865;
47-7 (5) the 27th day of August, "Lyndon Baines Johnson
47-8 Day," in observance of the birthday of Lyndon Baines Johnson;
47-9 (6) [every day on which an election is held throughout
47-10 the state;]
47-11 [(7)] the Friday after Thanksgiving Day;
47-12 (7) [(8)] the 24th day of December; and
47-13 (8) [(9)] the 26th day of December.
47-14 SECTION 21. Subsection (a), Section 662.004, Government
47-15 Code, is amended to read as follows:
47-16 (a) A state agency and an institution of higher education as
47-17 defined by Section 61.003, Education Code, shall have enough
47-18 employees on duty during a state holiday to conduct the public
47-19 business of the agency or institution.
47-20 SECTION 22. Section 662.007, Government Code, is amended by
47-21 adding Subsection (c) to read as follows:
47-22 (c) An institution of higher education as defined by Section
47-23 61.003, Education Code, may allow an employee who is required to
47-24 work on a national or state holiday that does not fall on a
47-25 Saturday or Sunday to take compensatory time off in accordance with
47-26 this section or may instead pay the employee at the employee's
47-27 regular rate of pay for that time if the institution determines
48-1 that allowing compensatory time off would disrupt normal teaching,
48-2 research, or other critical functions.
48-3 SECTION 23. Subchapter A, Chapter 662, Government Code, is
48-4 amended by adding Section 662.0072 to read as follows:
48-5 Sec. 662.0072. TRANSFERRING EMPLOYEE: PAYMENT FOR HOLIDAY.
48-6 If a state or national holiday occurs between the dates that a
48-7 state employee separates from one state agency and begins
48-8 employment with another state agency or an institution of higher
48-9 education without a break in service, the agency or institution of
48-10 higher education to which the employee transfers is responsible for
48-11 paying the employee for the holiday regardless of whether the
48-12 agency or institution of higher education that receives the new
48-13 employee recognizes the holiday.
48-14 SECTION 24. Section 662.011, Government Code, is amended by
48-15 amending Subsection (a) and adding Subsection (c) to read as
48-16 follows:
48-17 (a) The governing body of an institution of higher
48-18 education, as defined by Section 61.003, Education Code, other than
48-19 a public junior college as defined by that section, may establish
48-20 the holiday schedule for the institution, subject to any applicable
48-21 limitation on the observance of holidays prescribed by the General
48-22 Appropriations Act.
48-23 (c) An employee of the institution is eligible to take paid
48-24 holiday leave only if the employee:
48-25 (1) is scheduled to work at least 20 hours per week
48-26 for a period of at least four and one-half months; and
48-27 (2) is not employed in a position for which the
49-1 employee is required to be a student as a condition of the
49-2 employment.
49-3 SECTION 25. Subtitle B, Title 6, Government Code, is amended
49-4 by adding Chapter 666 to read as follows:
49-5 CHAPTER 666. MULTIPLE EMPLOYMENTS WITH STATE
49-6 Sec. 666.001. GENERAL PROVISIONS. (a) This chapter applies
49-7 to a person who is or may become employed by more than one state
49-8 agency or institution of higher education.
49-9 (b) A person who is employed by more than one state agency
49-10 or institution of higher education may not receive benefits from
49-11 the state that exceed the benefits provided for one full-time
49-12 employee.
49-13 (c) The person must be informed of the requirements of this
49-14 chapter before the person is employed by more than one agency or
49-15 institution.
49-16 Sec. 666.002. SEPARATE RECORDS REQUIRED. Separate vacation
49-17 and sick leave records must be maintained for each employment.
49-18 Sec. 666.003. TRANSFER OF LEAVE BALANCES PROHIBITED. If the
49-19 person separates from one employment, the person's leave balances
49-20 that were accrued under that employment may not be transferred to
49-21 the remaining employments.
49-22 Sec. 666.004. ACCRUAL OF STATE SERVICE CREDIT. The person
49-23 accrues state service credit for all purposes as if the person had
49-24 only one employment.
49-25 Sec. 666.005. GROUP INSURANCE CONTRIBUTION. The total state
49-26 contribution toward the person's group insurance is limited to the
49-27 amount specified in the General Appropriations Act for a full-time
50-1 active employee.
50-2 Sec. 666.006. OVERTIME COMPENSATION. (a) Overtime
50-3 compensation accrues for each employment independently of every
50-4 other employment, except as provided by Subsection (b).
50-5 (b) If the person is subject to the overtime provisions of
50-6 the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
50-7 et seq.) in an employment, the employing agencies and institutions
50-8 of higher education shall ensure that the person is compensated for
50-9 all combined time actually worked that exceeds 40 hours per week in
50-10 accordance with the overtime provisions of the federal law. The
50-11 agencies and institutions shall cooperate to determine which agency
50-12 or institution is responsible for ensuring that the employee is
50-13 properly compensated according to those provisions.
50-14 (c) An employing agency or institution may not use multiple
50-15 employments of an employee within the same agency or institution
50-16 for the purpose of:
50-17 (1) paying the employee for working more than 40 hours
50-18 in a week instead of earning compensatory time in accordance with
50-19 state law; or
50-20 (2) paying the employee a greater salary than is
50-21 allowed for either of the employee's positions.
50-22 Sec. 666.007. INFORMING EMPLOYER ABOUT MULTIPLE EMPLOYMENT.
50-23 The person must inform the person's employing state agencies or
50-24 institutions of higher education before accepting an additional
50-25 employment with another agency or institution.
50-26 Sec. 666.008. SPECIAL PROVISIONS FOR LEGISLATIVE AGENCIES.
50-27 If a person's multiple employment involves only legislative
51-1 agencies and all employments are less than full-time, the person
51-2 may use paid leave from leave balances in all employments, and on
51-3 separating from one employment, leave balances accrued under that
51-4 employment will be transferred to the remaining employments.
51-5 Sec. 666.009. SPECIAL PROVISIONS FOR UNIVERSITY SYSTEMS.
51-6 (a) A university system as defined by Section 61.003, Education
51-7 Code, may establish a policy that defines a person's employment as
51-8 the total hours the person is assigned:
51-9 (1) to one component of the system; or
51-10 (2) to all components of the system.
51-11 (b) The policy may apply to a person only if the person is
51-12 employed by more than one institution of higher education and all
51-13 the employing institutions are within the same university system.
51-14 SECTION 26. This section provides, for information purposes
51-15 only, a derivation table for provisions of the General
51-16 Appropriations Act that are codified in general law by other
51-17 sections of this Act. The first column identifies the codified
51-18 law; all references are to the Government Code unless otherwise
51-19 expressly noted. The second column identifies for each codified
51-20 law the applicable source provision in Article IX of the General
51-21 Appropriations Act for the fiscal biennium ending August 31, 1999
51-22 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
51-23 1997).
51-24 Codified Law Source Provision
51-25 Sec. 651.005 Sec. 1.9
51-26 Sec. 654.0125 Sec. 1.15
51-27 Sec. 654.014 Sec. 1.16.a, 2nd sent.
52-1 Sec. 654.0155 Secs. 1.4.b, d
52-2 Sec. 654.0156 Sec. 1.4.a
52-3 Sec. 656.026 Sec. 157
52-4 Sec. 658.005(a) Sec. 8.1
52-5 Sec. 658.006 Sec. 8.2
52-6 Sec. 658.008 Sec. 8.6
52-7 Sec. 658.009 Sec. 1.12 (part)
52-8 Sec. 658.010 Sec. 8.3
52-9 Sec. 659.002(d) Sec. 3, 1st par., 1st 2
52-10 sent.
52-11 Sec. 659.004 Sec. 1.19
52-12 Sec. 659.005(a) Sec. 2.3
52-13 Secs. 659.005(b)-(e) Sec. 2.4
52-14 Sec. 659.006 Sec. 3, 1st par., last
52-15 sent.
52-16 Sec. 659.015 Secs. 2.6.a, 2.6.c
52-17 Sec. 659.016 Secs. 2.6.b, 2.6.c
52-18 Sec. 659.017 Sec. 2.6.e
52-19 Sec. 659.018 Sec. 2.6.d
52-20 Sec. 659.019 Sec. 1.12 (part)
52-21 Sec. 659.020 Sec. 1.14 (part)
52-22 Sec. 659.021 Sec. 1.16.a, 3rd sent.,
52-23 1st clause
52-24 Secs. 659.022, 659.023 Sec. 2.6
52-25 Secs. 659.081, 659.082 Sec. 2.1, 1st sent.
52-26 (part)
52-27 Sec. 659.085 Sec. 2.1, last 4 sent.
53-1 Secs. 659.251-659.253 Sec. 1.2
53-2 Sec. 659.254 Secs. 1.3, 1.4.c
53-3 Sec. 659.255 Sec. 1.5
53-4 Sec. 659.256 Sec. 1.6
53-5 Sec. 659.257 Sec. 1.7
53-6 Sec. 659.258 Sec. 1.8
53-7 Sec. 659.259 Sec. 1.10
53-8 Secs. 659.260(a), (b), (c), (e) Sec. 1.11
53-9 Sec. 659.260(d) Sec. 1.16.a, 3rd sent.,
53-10 last clause
53-11 Sec. 659.261 Sec. 1.16.b
53-12 Sec. 661.033(c) Sec. 9.6
53-13 Secs. 661.062(a), (b) Sec. 9.1, last 2 sent.
53-14 Sec. 661.062(f) Sec. 9.9 (part)
53-15 Sec. 661.151 Sec. 9.8
53-16 Sec. 661.152 Sec. 9.1, 1st 7 par.
53-17 Sec. 661.153 Sec. 9.5 (part)
53-18 Sec. 661.154 Sec. 9.9 (part)
53-19 Sec. 661.201(a) Sec. 9.9 (part)
53-20 Sec. 661.201(b) Sec. 9.3, last par.
53-21 (part)
53-22 Sec. 661.202 Sec. 9.2, except last
53-23 sent.
53-24 Sec. 661.203 Sec. 9.2, last sent.
53-25 Sec. 661.204 Sec. 9.5 (part)
53-26 Sec. 661.205 Sec. 9.10
53-27 Secs. 661.901(a), (b) Sec. 9.9 (part)
54-1 Sec. 661.901(c) Sec. 9.3, last par.
54-2 (part)
54-3 Sec. 661.902 Sec. 9.3, 1st par.
54-4 Sec. 661.903 Sec. 9.4, 1st par.
54-5 Sec. 661.904 Sec. 9.4, 3rd par.
54-6 Sec. 661.905 Sec. 9.4, 4th par.
54-7 Sec. 661.906 Sec. 9.4, 5th par.
54-8 Sec. 661.907 Sec. 9.4, 6th par.
54-9 Sec. 661.908 Sec. 9.7
54-10 Sec. 661.909 Sec. 9.11
54-11 Sec. 661.910 Sec. 9.12
54-12 Sec. 661.911 Sec. 9.13
54-13 Sec. 661.912 Sec. 9.14.a
54-14 Sec. 661.913 Sec. 9.14.b
54-15 Sec. 661.914 Sec. 8.5 (part)
54-16 Sec. 662.003(b) Sec. 8.5 (part)
54-17 Sec. 662.004(a) Sec. 8.4, 3rd par., 1st
54-18 sent.
54-19 Sec. 662.007 Sec. 8.4, 4th par. (part)
54-20 Sec. 662.0072 Sec. 8.4, 7th par.
54-21 Sec. 662.011(c) Sec. 8.4, 2nd par.
54-22 Sec. 666.001 Sec. 10.1, 1st par.
54-23 Secs. 666.002-666.003 Sec. 10.1.a
54-24 Sec. 666.004 Sec. 10.1.b
54-25 Sec. 666.005 Sec. 10.1.d
54-26 Sec. 666.006 Sec. 10.1.e
54-27 Sec. 666.007 Sec. 10.1.f
55-1 Sec. 666.008 Sec. 10.2
55-2 Sec. 666.009 Sec. 10.3
55-3 SECTION 27. This Act takes effect September 1, 1999.
55-4 SECTION 28. The importance of this legislation and the
55-5 crowded condition of the calendars in both houses create an
55-6 emergency and an imperative public necessity that the
55-7 constitutional rule requiring bills to be read on three several
55-8 days in each house be suspended, and this rule is hereby suspended.