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.