By Ratliff S.B. No. 174
76R691 JRD-D
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
1-16 in 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. (a) To ensure
3-6 that each position is properly classified, each employing state
3-7 entity subject to this chapter:
3-8 (1) shall review individual job assignments within the
3-9 entity by the beginning of each state fiscal year; and
3-10 (2) may perform a monthly review of job assignments.
3-11 (b) The entity shall report to the classification officer
3-12 the results of the reviews and the method used to comply with this
3-13 section. If the classification officer determines the method used
3-14 is inadequate, a classification compliance audit to determine
3-15 proper classification shall be undertaken.
3-16 Sec. 654.0156. RECLASSIFICATION. (a) An employing state
3-17 entity subject to this chapter may reclassify a position to another
3-18 title in the position classification plan:
3-19 (1) in response to a classification review; or
3-20 (2) as a result of a program reorganization by the
3-21 administrative head of the employing state entity.
3-22 (b) The sole purpose of a reclassification is to properly
3-23 classify a position and define its duties under this chapter based
3-24 on the duties currently performed by an employee holding the
3-25 reclassified position. A reclassification therefore does not
3-26 indicate that the employee's assigned duties should or will be
3-27 changed.
4-1 (c) A reclassification takes effect at the beginning of a
4-2 calendar month.
4-3 SECTION 5. Subchapter B, Chapter 656, Government Code, is
4-4 amended by adding Section 656.026 to read as follows:
4-5 Sec. 656.026. JOB NOTICE POSTING WAIVER. A state agency is
4-6 not required to comply with the requirements of this subchapter or
4-7 Subchapter A when the agency transfers or reassigns an employee as
4-8 part of a reorganization or merger mandated by the legislature if
4-9 the executive head of the agency certifies that the transfer or
4-10 reassignment is necessary for the proper implementation of the
4-11 reorganization or merger.
4-12 SECTION 6. Section 658.005(a), Government Code, is amended
4-13 to read as follows:
4-14 (a) Normal office hours of a state agency are from 8 a.m. to
4-15 5 p.m., Monday through Friday. These hours are the regular working
4-16 hours for a full-time state employee. The offices of a state
4-17 agency shall remain open during the noon hour each working day with
4-18 at least one person on duty to accept calls, receive visitors, or
4-19 transact business.
4-20 SECTION 7. Sections 658.001 and 658.006, Government Code,
4-21 are amended to read as follows:
4-22 Sec. 658.001. Definitions. In this chapter:
4-23 (1) "Full-time state employee" means a person employed
4-24 by a state agency who, if not participating in a voluntary work
4-25 reduction program under Section 658.003, is required to work for
4-26 the agency not less than 40 hours a week.
4-27 (2) "State agency" means:
5-1 (A) a board, commission, department,
5-2 institution, office, or other agency in the executive branch of
5-3 state government that is created by the constitution or a statute
5-4 of this state, including an institution of higher education as
5-5 defined by Section 61.003, Education Code; or
5-6 (B) the Supreme Court of Texas, the Texas Court
5-7 of Criminal Appeals, a court of appeals, or other agency in the
5-8 judicial branch.
5-9 Sec. 658.006. STAGGERED WORKING HOURS[; CAPITOL AREA IN
5-10 AUSTIN]. Normal working hours for employees of a state agency [in
5-11 the Capitol area in Austin] may be staggered [as authorized by the
5-12 General Appropriations Act] for traffic regulation or public
5-13 safety.
5-14 SECTION 8. Chapter 658, Government Code, is amended by
5-15 adding Sections 658.008, 658.009, and 658.010 to read as follows:
5-16 Sec. 658.008. MEMBERS OF NATIONAL GUARD OR RESERVE. To
5-17 facilitate participation in military duties by state employees,
5-18 each state agency shall adjust the work schedule of any employee
5-19 who is a member of the Texas National Guard or the United States
5-20 Armed Forces Reserve so that two of the employee's days off work
5-21 each month coincide with two days of military duty to be performed
5-22 by the employee.
5-23 Sec. 658.009. PART-TIME EMPLOYMENT. A state agency may fill
5-24 a regular full-time position with one or more part-time employees:
5-25 (1) without regard to whether the position is subject
5-26 to or exempt from the state's position classification plan; and
5-27 (2) subject to Section 659.019.
6-1 Sec. 658.010. PLACE WHERE WORK PERFORMED. (a) An employee
6-2 of a state agency shall, during normal office hours, conduct agency
6-3 business only at the employee's regular or assigned temporary place
6-4 of employment unless the employee:
6-5 (1) is travelling; or
6-6 (2) received prior written authorization from the
6-7 administrative head of the employing state agency to perform work
6-8 elsewhere.
6-9 (b) The employee's personal residence may not be considered
6-10 the employee's regular or assigned temporary place of employment
6-11 without prior written authorization from the administrative head of
6-12 the employing state agency.
6-13 SECTION 9. Section 659.002, Government Code, is amended by
6-14 adding Subsection (d) to read as follows:
6-15 (d) The state shall withhold money from salaries and wages
6-16 paid to state officers and employees in accordance with applicable
6-17 federal law, including federal law relating to withholding for
6-18 purposes of the federal income tax. The state shall make any
6-19 required employer contributions in accordance with applicable
6-20 federal law. The comptroller shall make payments in accordance
6-21 with this subsection.
6-22 SECTION 10. Subchapter A, Chapter 659, Government Code, is
6-23 amended by adding Sections 659.004, 659.005, and 659.006 to read as
6-24 follows:
6-25 Sec. 659.004. PAYROLL AND PERSONNEL REPORTING. (a) In this
6-26 section, "state agency" has the meaning assigned by Section
6-27 658.001.
7-1 (b) The comptroller, in consultation with the state auditor,
7-2 shall adopt rules that prescribe uniform procedures for payroll and
7-3 personnel reporting for all state agencies and that are designed
7-4 to:
7-5 (1) facilitate the auditing of payrolls;
7-6 (2) facilitate a classification compliance audit under
7-7 Chapter 654;
7-8 (3) assure conformity with this chapter and the
7-9 General Appropriations Act; and
7-10 (4) provide the legislative audit committee with
7-11 current information on employment and wage rate practices in state
7-12 government.
7-13 Sec. 659.005. WITNESS FEES; JURY SERVICE. (a) A deduction
7-14 may not be made from the salary or wages of a state employee
7-15 because the employee is called for jury service, including a
7-16 deduction for any fee or compensation the employee receives for the
7-17 jury service.
7-18 (b) A state officer or employee who appears as a witness in
7-19 an official capacity in a judicial proceeding or legislative
7-20 hearing may not accept or receive a witness fee for the
7-21 appearance.
7-22 (c) A state officer or employee who appears as a witness, in
7-23 a capacity other than as a state officer or employee, in a
7-24 judicial proceeding or legislative hearing to testify from personal
7-25 knowledge concerning matters related to the proceeding or hearing
7-26 is entitled to receive any customary witness fees for the
7-27 appearance.
8-1 (d) A state officer or employee who appears as an expert
8-2 witness in a judicial proceeding or legislative hearing may accept
8-3 compensation for the appearance only if the person is not also
8-4 compensated by the state for the person's time in making the
8-5 appearance and may accept reimbursement for travel expenses only if
8-6 the expenses are not reimbursed by the state. For purposes of this
8-7 subsection, paid leave is not considered time compensated by the
8-8 state.
8-9 (e) A state officer or employee may receive reimbursement
8-10 for travel and a per diem or reimbursement for expenses connected
8-11 to an appearance in an official capacity as a witness in a judicial
8-12 proceeding or legislative hearing only from the state or the
8-13 judicial body, but not from both the state and the judicial body.
8-14 Sec. 659.006. ADJUSTMENT FOR INACCURATE PAYMENT. The
8-15 comptroller by rule shall prescribe procedures for state agencies
8-16 to follow in making adjustments to payrolls for the pay period
8-17 immediately following the period in which an inaccurate payment or
8-18 deduction is made or in which other error occurs.
8-19 SECTION 11. The heading to Subchapter B, Chapter 659,
8-20 Government Code, is amended to read as follows:
8-21 SUBCHAPTER B. SALARY AMOUNTS; OVERTIME AND
8-22 COMPENSATORY TIME
8-23 SECTION 12. Subchapter B, Chapter 659, Government Code, is
8-24 amended by adding Sections 659.015, 659.016, 659.017, 659.018,
8-25 659.019, 659.020, and 659.021 to read as follows:
8-26 Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO
8-27 FAIR LABOR STANDARDS ACT. (a) This section applies only to a
9-1 state employee who is subject to the overtime provisions of the
9-2 federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
9-3 seq.) and who is not an employee of the legislature, including an
9-4 employee of the lieutenant governor, or of a legislative agency.
9-5 (b) The employee is entitled to compensation for overtime as
9-6 provided by federal law and this section. To the extent that this
9-7 section and federal law prescribe a different rule for the same
9-8 circumstance, federal law controls without regard to whether this
9-9 section or federal law prescribes a stricter rule.
9-10 (c) An employee who is required to work more than 40 hours
9-11 in a workweek is entitled to compensation for the overtime hours:
9-12 (1) by taking compensatory time off at the rate of
9-13 1-1/2 hours off for each hour of accrued overtime, if the employing
9-14 agency allows or requires the employee to do so; or
9-15 (2) by receiving pay for the overtime hours at the
9-16 rate of 1-1/2 times the employee's regular hourly rate of pay, if
9-17 the employing agency determines it is impractical for the employee
9-18 to take compensatory time off as compensation for the overtime.
9-19 (d) Holidays or other paid leave taken during a workweek are
9-20 not counted as hours worked in computing the number of overtime
9-21 hours under Subsection (c) or (e).
9-22 (e) An employee may not accumulate more than 240 hours of
9-23 overtime credit that may be taken as compensatory leave under
9-24 Subsection (c)(1), except that an employee engaged in a public
9-25 safety activity, an emergency response activity, or a seasonal
9-26 activity may accumulate, in accordance with 29 U.S.C. Section
9-27 207(o)(3)(A), not more than 480 hours of overtime credit that may
10-1 be taken as compensatory leave under Subsection (c)(1). An
10-2 employee must be paid at the rate prescribed by Subsection (c)(2)
10-3 for the number of overtime hours the employee works that cause the
10-4 employee to exceed the amount of overtime credit the employee may
10-5 accumulate. In this subsection, "overtime credit" means the number
10-6 of hours that is computed by multiplying the number of overtime
10-7 hours worked by 1-1/2.
10-8 (f) When an employee does not work more than 40 hours in a
10-9 workweek but the number of hours worked plus the number of hours of
10-10 holiday or other paid leave taken during the workweek exceeds 40
10-11 hours, the employee is entitled to compensatory time off at the
10-12 rate of one hour off for each of the excess hours. When an
10-13 employee does work 40 or more hours in a workweek and in addition
10-14 takes holiday or other paid leave during the workweek, and the
10-15 total number of hours worked still exceeds 40 after subtracting the
10-16 hours compensable under Subsections (c)-(e), the employee is
10-17 entitled to compensatory time off at the rate of one hour off for
10-18 each of the remaining hours in excess of 40. When an employee does
10-19 not work more than 40 hours in a workweek and the number of hours
10-20 worked plus the number of hours of holiday or other paid leave
10-21 taken during the week does not exceed 40 hours, the employee may
10-22 not accrue compensatory time for the week under this section.
10-23 (g) Compensatory time off to which an employee is entitled
10-24 under Subsection (f) must be taken during the 12-month period
10-25 following the end of the workweek in which the compensatory time is
10-26 accrued or it lapses. An employee may not be paid for that
10-27 compensatory time. However, an employee of an institution of
11-1 higher education as defined by Section 61.003, Education Code, or
11-2 an employee engaged in a public safety activity, including highway
11-3 construction and maintenance or an emergency response activity, may
11-4 be paid at the employee's regular rate of pay for that compensatory
11-5 time if the employer determines that taking the compensatory time
11-6 off would disrupt normal teaching, research, or other critical
11-7 functions.
11-8 (h) Hospital, fire protection, and law enforcement
11-9 personnel, including security personnel in correctional
11-10 institutions, are governed by the federal Fair Labor Standards Act
11-11 of 1938 (29 U.S.C. Section 201 et seq.) provisions applicable to
11-12 those employees, including the exceptions to the standard overtime
11-13 computation for a workweek.
11-14 Sec. 659.016. OVERTIME COMPENSATION FOR EMPLOYEES NOT
11-15 SUBJECT TO FAIR LABOR STANDARDS ACT; REDUCTIONS IN PAY. (a) This
11-16 section applies only to a state employee who is not subject to the
11-17 overtime provisions of the federal Fair Labor Standards Act of 1938
11-18 (29 U.S.C. Section 201 et seq.) and who is not an employee of the
11-19 legislature, including an employee of the lieutenant governor, or
11-20 of a legislative agency.
11-21 (b) When the sum of hours worked plus holiday or other paid
11-22 leave taken by an employee during a workweek exceeds 40 hours, and
11-23 not otherwise, the employee may be allowed to accrue compensatory
11-24 time for the number of hours that exceeds 40 hours.
11-25 (c) An employee who is exempt as an executive, professional,
11-26 or administrative employee under 29 U.S.C. Section 213(a)(1) may be
11-27 allowed compensatory time off during the 12-month period following
12-1 the end of the workweek in which the time that exceeds 40 hours
12-2 under Subsection (b) was accrued, at a rate not to exceed one hour
12-3 of compensatory time off for each hour of time that exceeds 40
12-4 hours under Subsection (b) accrued.
12-5 (d) In accordance with 29 C.F.R. Section 541.118 and subject
12-6 to that section's exceptions as described by this section, an
12-7 employee who is exempt as an executive, professional, or
12-8 administrative employee under 29 U.S.C. Section 213(a)(1) is
12-9 entitled to receive full salary for any week in which the employee
12-10 performs work without regard to the number of days and hours
12-11 worked. This is also subject to the general rule that an employee
12-12 need not be paid for any workweek in which the employee performs no
12-13 work.
12-14 (e) A deduction may be made from the salary of an employee
12-15 who is exempt as an executive, professional, or administrative
12-16 employee under 29 U.S.C. Section 213(a)(1) if:
12-17 (1) the employee is not at work for a full day or
12-18 longer for personal reasons other than sickness, accident, jury
12-19 duty, attendance as a witness at a judicial proceeding, or
12-20 temporary military leave;
12-21 (2) the employee is not at work for a full day or
12-22 longer because of sickness or disability, including sickness or
12-23 disability covered by workers' compensation benefits, and the
12-24 employee's paid sick leave or workers' compensation benefits have
12-25 been exhausted;
12-26 (3) the deduction is a penalty imposed for a violation
12-27 of a significant safety rule relating to prevention of serious
13-1 danger in the workplace to other persons, including other
13-2 employees; or
13-3 (4) in accordance with the special provisions
13-4 applicable to executive, professional, or administrative employees
13-5 of public agencies set forth in 29 C.F.R. Section 541.5d, the
13-6 employee is not at work for less than one day for personal reasons
13-7 or because of illness or injury and accrued leave is not used by
13-8 the employee because:
13-9 (A) permission to use accrued leave was not
13-10 sought or was denied;
13-11 (B) accrued leave has been exhausted; or
13-12 (C) the employee chooses to use leave without
13-13 pay.
13-14 (f) In accordance with 29 C.F.R. Section 541.5d, a deduction
13-15 from the pay of an executive, professional, or administrative
13-16 employee because of an absence from work caused by a furlough
13-17 related to the budget does not affect the employee's status as an
13-18 employee paid on a salary basis, except for any workweek in which
13-19 the furlough occurs and for which the employee's pay is accordingly
13-20 reduced.
13-21 (g) If a deduction is made from an employee's salary in
13-22 violation of United States Department of Labor regulations, the
13-23 employee is entitled to reimbursement of the amount that should not
13-24 have been deducted.
13-25 (h) An employee who is not subject to the federal Fair Labor
13-26 Standards Act of 1938 under 29 U.S.C. Section 203(e)(2)(C) because
13-27 the employee is a staff member, appointee, or immediate adviser of
14-1 an elected officeholder may be allowed compensatory time off under
14-2 the terms and conditions determined by the officeholder.
14-3 (i) An employee covered by this section may not be paid for
14-4 any unused compensatory time.
14-5 Sec. 659.017. OVERTIME COMPENSATION FOR LEGISLATIVE
14-6 EMPLOYEES. Consistent with the requirements of the federal Fair
14-7 Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
14-8 overtime pay and compensatory time off for employees of the
14-9 legislative branch, including employees of the lieutenant governor,
14-10 are determined:
14-11 (1) for employees of the house of representatives or
14-12 the senate, by the presiding officer of the appropriate house of
14-13 the legislature;
14-14 (2) for employees of an elected officeholder, by the
14-15 employing officeholder; and
14-16 (3) for employees of a legislative agency, by the
14-17 administrative head of the agency.
14-18 Sec. 659.018. COMPENSATORY TIME: PLACE WHERE WORK PERFORMED.
14-19 Except under circumstances specified in the General Appropriations
14-20 Act, an employee of a state agency as defined by Section 658.001
14-21 may not, for hours worked during any calendar week, accumulate
14-22 compensatory time off under Section 659.015(f) or 659.016 to the
14-23 extent that the hours are attributable to work performed at a
14-24 location other than the employee's regular or temporarily assigned
14-25 place of employment. The employee's personal residence may not be
14-26 considered the employee's regular or temporarily assigned place of
14-27 employment for purposes of this section.
15-1 Sec. 659.019. PART-TIME AND HOURLY EMPLOYMENT. (a) In
15-2 computing the salary of a part-time or hourly employee, the rate of
15-3 pay must be proportional to the rate authorized by the General
15-4 Appropriations Act for full-time employment in the same classified
15-5 position, or if the position is not under the state's position
15-6 classification plan, for full-time employment in the applicable
15-7 exempt position.
15-8 (b) A part-time employee is subject to Subchapter K and to
15-9 the leave without pay provisions of Section 659.085.
15-10 (c) The comptroller may adopt rules to determine the hourly
15-11 rate of an employee paid on an hourly basis.
15-12 Sec. 659.020. SALARY SUPPLEMENTATION. A state employee
15-13 employed by a state agency as defined by Section 658.001 whose
15-14 position is classified under Chapter 654 or whose exempt position
15-15 is funded by the General Appropriations Act may not receive a
15-16 salary supplement from any source unless a specific grant of
15-17 authority to do so is provided by the General Appropriations Act or
15-18 other law.
15-19 Sec. 659.021. ADMINISTRATIVE HEAD OF AGENCY. The
15-20 administrative head of a state agency as defined by Section 658.001
15-21 whose salary as administrative head is established by the General
15-22 Appropriations Act may not receive a salary higher than that
15-23 established salary, even if the administrative head performs duties
15-24 assigned to a position title classified in the state's position
15-25 classification plan that is assigned to a salary group that would
15-26 pay a higher salary, unless the General Appropriations Act
15-27 specifically provides that a higher salary may be received.
16-1 SECTION 13. Section 659.081, Government Code, is amended to
16-2 read as follows:
16-3 Sec. 659.081. PAYMENT ONCE A MONTH. Except as provided by
16-4 this subchapter or the General Appropriations Act, annual salaries
16-5 for state officers and employees shall be paid once a month.
16-6 SECTION 14. Section 659.082, Government Code, is amended to
16-7 read as follows:
16-8 Sec. 659.082. Payment Twice a Month. An employee is
16-9 entitled to be paid employment compensation twice a month if:
16-10 (1) the employee is employed by:
16-11 (A) the Texas Department of Mental Health and
16-12 Mental Retardation;
16-13 (B) the Texas Department of Transportation;
16-14 (C) the Texas Department of Human Services;
16-15 (D) the Texas Workforce Commission;
16-16 (E) the Department of Public Safety; or
16-17 (F) any other state agency designated by the
16-18 comptroller;
16-19 (2) the employee holds a classified position under the
16-20 state's position classification plan;
16-21 (3) the employee's position is classified below salary
16-22 group 12 under a [the] classification salary schedule in the
16-23 General Appropriations Act in which salary groups are divided into
16-24 steps;
16-25 (4) the employing state agency satisfies the
16-26 comptroller's requirements relating to the payment of compensation
16-27 twice a month; and
17-1 (5) at least 30 percent of the eligible employees of
17-2 the agency choose to be paid twice a month.
17-3 SECTION 15. Subchapter F, Chapter 659, Government Code, is
17-4 amended by adding Section 659.085 to read as follows:
17-5 Sec. 659.085. DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;
17-6 PROPORTIONATE REQUIREMENT FOR PART-TIME PAY. (a) The amount of
17-7 monthly salary for an annual employee who maintains a 40-hour
17-8 workweek and is covered under Chapter 658 is computed by dividing
17-9 the annual salary for the person's position set in or in accordance
17-10 with the General Appropriations Act by 12. If the annual salary is
17-11 not evenly divisible by 12, the resulting monthly salary multiplied
17-12 by 12 may not exceed the annual salary for the person's position
17-13 set in or in accordance with the General Appropriations Act.
17-14 (b) For purposes of partial payment or other applicable
17-15 situations, an employee's equivalent hourly rate of pay for a given
17-16 month is computed by dividing the employee's monthly salary by the
17-17 number of working hours in the month. This subsection applies only
17-18 to full-time employees described by Subsection (a) and to
17-19 part-time, salaried employees.
17-20 (c) When an employee is on leave without pay, compensation
17-21 for the pay period will be reduced by an amount computed by
17-22 multiplying the employee's equivalent hourly rate of pay times the
17-23 number of hours the employee was on leave without pay.
17-24 (d) An agency that may contract with its employees for
17-25 employment for less than a 12-month period may make equal monthly
17-26 salary payments under the contract during the contract period or
17-27 during the fiscal year.
18-1 SECTION 16. Chapter 659, Government Code, is amended by
18-2 adding Subchapter K to read as follows:
18-3 SUBCHAPTER K. PROMOTIONS, RECLASSIFICATIONS, AND OTHER
18-4 ADJUSTMENTS TO SALARY
18-5 Sec. 659.251. APPLICABILITY. (a) This subchapter applies
18-6 only to a state employee employed in the executive or judicial
18-7 branch of state government.
18-8 (b) The policies for promotions, demotions, and other
18-9 adjustments to salary for employees of the legislative branch,
18-10 including employees of the lieutenant governor, are determined as
18-11 follows:
18-12 (1) for employees of either house of the legislature,
18-13 a member of the legislature, or the lieutenant governor, by the
18-14 presiding officer of the appropriate house of the legislature; and
18-15 (2) for employees of a legislative agency, by the
18-16 administrative head of the agency.
18-17 Sec. 659.252. DEFINITION. In this subchapter, "state
18-18 agency" means the state department, institution, entity, or other
18-19 agency in the executive or judicial branch of state government that
18-20 employs a state employee.
18-21 Sec. 659.253. TRANSFER WITHIN AGENCY FROM EXEMPT TO
18-22 CLASSIFIED POSITION. A state employee who moves within a state
18-23 agency from a position exempt from the state's position
18-24 classification plan to a classified position will receive an annual
18-25 salary in the proper salary group not to exceed:
18-26 (1) the rate for the salary step equal to the
18-27 employee's current exempt salary or the rate for the next higher
19-1 salary step, if moving to a position in a salary group that is
19-2 divided into steps; or
19-3 (2) the employee's current exempt salary or the
19-4 maximum rate of the new salary group, whichever is lower, if moving
19-5 to a position in a salary group that is not divided into steps.
19-6 Sec. 659.254. CLASSIFIED POSITION REALLOCATED OR
19-7 RECLASSIFIED TO DIFFERENT SALARY GROUP. (a) This section applies
19-8 only to positions classified under the state's position
19-9 classification plan.
19-10 (b) In this section:
19-11 (1) "higher salary group" means a salary group with a
19-12 higher minimum salary rate; and
19-13 (2) "lower salary group" means a salary group with a
19-14 lower minimum salary rate.
19-15 (c) An employee whose classified position is reallocated by
19-16 the General Appropriations Act or reclassified under Chapter 654 to
19-17 a higher salary group will be paid at the minimum salary rate in
19-18 the higher salary group or at the salary rate the employee would
19-19 have received without the reallocation or reclassification,
19-20 whichever rate is higher, except:
19-21 (1) to maintain desirable salary relationships among
19-22 employees in the affected positions, the salary may be adjusted not
19-23 more than:
19-24 (A) two steps higher, if the employee's salary
19-25 group is divided into steps by the General Appropriations Act; or
19-26 (B) 6.8 percent higher, if the employee's salary
19-27 group is not divided into steps by the General Appropriations Act;
20-1 and
20-2 (2) the employee may not advance to a step number in
20-3 the new salary group higher than the step number rate held before
20-4 the reallocation or reclassification, if the employee's salary
20-5 group is divided into steps by the General Appropriations Act.
20-6 (d) An employee whose classified position is reallocated by
20-7 the General Appropriations Act or reclassified under Chapter 654 to
20-8 a lower salary group will be paid at the salary rate that the
20-9 employee would have received had the position not been reallocated
20-10 or reclassified, not to exceed the maximum rate of the lower salary
20-11 group.
20-12 Sec. 659.255. MERIT RAISES. (a) This section applies only
20-13 to positions classified under the state's position classification
20-14 plan.
20-15 (b) A state agency administrator may award a merit salary
20-16 increase to an employee whose job performance and productivity is
20-17 consistently above that normally expected or required.
20-18 (c) If the employee's salary group is divided into steps, a
20-19 merit increase involves an increase in the employee's salary to a
20-20 higher step rate in the same salary group. If the employee's salary
20-21 group is not divided into steps by the General Appropriations Act,
20-22 a merit increase involves an increase in an employee's salary to a
20-23 higher rate within the range of the same salary group.
20-24 (d) An employee may be awarded a merit salary increase only
20-25 if:
20-26 (1) the employee has been continuously employed by the
20-27 state agency for at least the six months preceding the award;
21-1 (2) the state agency has not promoted, demoted, or
21-2 awarded a merit salary increase to the employee during the
21-3 preceding number of months prescribed for this purpose by the
21-4 General Appropriations Act; and
21-5 (3) the state agency has adopted specific criteria for
21-6 awarding merit salary increases and requires documentation to
21-7 substantiate the award of a merit salary increase.
21-8 (e) The comptroller shall prescribe accounting and reporting
21-9 procedures as necessary to ensure that information reflecting each
21-10 state agency's use of merit salary increases is available.
21-11 (f) A state agency that awards merit salary increases should
21-12 apply merit salary increases throughout the range of classified
21-13 salary groups used by the agency.
21-14 Sec. 659.256. PROMOTIONS. (a) This section applies only to
21-15 positions classified under the state's position classification
21-16 plan.
21-17 (b) A promotion is an employee's change in duty assignment
21-18 within a state agency from one classified position to another
21-19 classified position that:
21-20 (1) is in a salary group with a higher minimum salary
21-21 rate;
21-22 (2) requires higher qualifications, such as greater
21-23 skill or longer experience; and
21-24 (3) involves a higher level of responsibility.
21-25 (c) The promoted employee will be paid at a salary rate that
21-26 is at least the equivalent of one step higher, if the employee's
21-27 salary group is divided into steps by the General Appropriations
22-1 Act, or at least 3.4 percent higher, if the employee's salary group
22-2 is not divided into steps by the General Appropriations Act, than
22-3 the employee's salary rate before promotion, or that is the minimum
22-4 rate of the new salary group, whichever is higher. The state
22-5 agency administrator may set the employee's annual rate at a higher
22-6 rate not to exceed the maximum rate of the new salary group.
22-7 Sec. 659.257. DEMOTIONS. (a) This section applies only to
22-8 positions classified under the state's position classification
22-9 plan.
22-10 (b) A demotion is an employee's change in duty assignment
22-11 within a state agency from one classified position to another
22-12 classified position that is in a salary group with a lower minimum
22-13 salary rate.
22-14 (c) The demoted employee will be paid at a salary rate that
22-15 is at least the equivalent of one step lower, if the employee's
22-16 salary group is divided into steps by the General Appropriations
22-17 Act, or at least 3.4 percent lower, if the employee's salary group
22-18 is not divided into steps by the General Appropriations Act, than
22-19 the employee's salary rate before demotion, except that a state
22-20 agency is not required to reduce the employee's salary if:
22-21 (1) the employee accepts a position in another
22-22 classification in a salary group with a lower minimum salary rate
22-23 in lieu of a layoff under a reduction in force; or
22-24 (2) the employee applied for and is selected for
22-25 another position in a classification in a salary group with a lower
22-26 minimum salary rate.
22-27 Sec. 659.258. SALARY REDUCTION FOR DISCIPLINARY REASONS.
23-1 (a) This section applies only to positions classified under the
23-2 state's position classification plan.
23-3 (b) The administrative head of a state agency may reduce an
23-4 employee's salary for disciplinary reasons, if warranted by the
23-5 employee's performance, to a rate in the employee's designated
23-6 salary group not lower than the minimum rate. The agency may, as
23-7 the employee's performance improves, restore the employee's pay to
23-8 any rate that does not exceed the employee's prior salary rate,
23-9 without accounting for the restoration as a merit salary increase.
23-10 Sec. 659.259. SALARY LIMITED TO MAXIMUM GROUP RATE. (a)
23-11 This section applies only to positions classified under the state's
23-12 position classification plan.
23-13 (b) A salary adjustment authorized by this subchapter may
23-14 not result in an employee's receiving an annual salary that exceeds
23-15 the maximum rate of the salary group to which the employee's
23-16 position is allocated.
23-17 Sec. 659.260. TEMPORARY ASSIGNMENT. (a) This section
23-18 applies only to an employee whose permanent position is classified
23-19 under the state's position classification plan.
23-20 (b) To facilitate a state agency's work during an emergency
23-21 or other special circumstance, an employee may:
23-22 (1) be temporarily assigned to other duties for a
23-23 period not to exceed six months; and
23-24 (2) receive during the period of reassignment the
23-25 appropriate rate of pay for the temporary position if the temporary
23-26 position is classified in a salary group with a higher minimum
23-27 salary rate.
24-1 (c) An employee may not be assigned temporary duties under
24-2 this section for more than six months during a twelve-month period.
24-3 (d) An employee temporarily designated to act as the
24-4 administrative head of a state agency may continue to receive a
24-5 salary for a classified position in an amount not to exceed the
24-6 amount established by the General Appropriations Act for the
24-7 administrative head of the agency.
24-8 (e) While the employee is temporarily assigned under this
24-9 section, the state agency may not:
24-10 (1) award a merit salary increase to the employee;
24-11 (2) promote or demote the employee; or
24-12 (3) reduce the employee's salary.
24-13 Sec. 659.261. SALARY CAP. (a) The maximum amount a state
24-14 agency spends for merit salary increases in and promotions to
24-15 classified positions during a fiscal year may not exceed, without
24-16 the written approval of the budget division of the governor's
24-17 office and the Legislative Budget Board, the amount computed by
24-18 multiplying the total amount spent by the agency in the preceding
24-19 fiscal year for classified salaries times the percentage set by the
24-20 General Appropriations Act for purposes of this computation.
24-21 (b) The maximum amount that may be spent for merit salary
24-22 increases in and promotions to classified positions shall be
24-23 computed separately for each year of the state fiscal biennium.
24-24 Merit salary increases and promotions awarded in the first fiscal
24-25 year of a biennium do not count against the maximum amount that may
24-26 be spent for those increases in the second fiscal year of that
24-27 biennium.
25-1 (c) Money spent to pay a salary increase for an employee who
25-2 is promoted to a classified position title counts against the
25-3 limitation prescribed by this section only if, as a result of the
25-4 promotion, the number of agency employees in that position title
25-5 exceeds the maximum number of agency employees who have been in
25-6 that position title at any time during the preceding six-month
25-7 period.
25-8 (d) A request to exceed the limitation prescribed by this
25-9 section must be submitted by the governing body of the agency, or
25-10 by the head of the agency if the agency is not governed by a
25-11 multimember governing body, and must include at least:
25-12 (1) the date on which the governing body or the head
25-13 of the agency approved the request;
25-14 (2) a statement justifying the need to exceed the
25-15 limitation; and
25-16 (3) the source of funds to be used to pay the salary
25-17 increases.
25-18 (e) The comptroller shall prescribe accounting and reporting
25-19 procedures necessary to ensure that the amount spent for merit
25-20 salary increases and promotions does not exceed the limitations
25-21 established by this section.
25-22 SECTION 17. Section 661.033(c), Government Code, is amended
25-23 to read as follows:
25-24 (c) Payment under this section may not be for more than:
25-25 (1) all of the state employee's accumulated vacation
25-26 leave; and
25-27 (2) one-half of the state employee's accumulated sick
26-1 leave or 336 hours of sick leave, whichever is less.
26-2 SECTION 18. Section 661.062, Government Code, is amended by
26-3 amending Subsections (a) and (b) and adding Subsection (f) to read
26-4 as follows:
26-5 (a) A state employee who, at any time during the employee's
26-6 lifetime, has accrued six months of continuous state employment and
26-7 who resigns, is dismissed, or otherwise [for any reason] separates
26-8 from state employment is entitled to be paid for the accrued
26-9 balance of the employee's vacation time as of the date of
26-10 separation, if the individual is not reemployed by the state in a
26-11 position under which the employee accrues vacation leave during the
26-12 30-day period immediately following the date of separation from
26-13 state employment.
26-14 (b) A separation from state employment includes a separation
26-15 in which the employee:
26-16 (1) leaves one state agency to begin working for
26-17 another state agency, if one or more workdays occur between the two
26-18 employments and the individual is not reemployed by the state in a
26-19 position under which the employee accrues vacation leave during the
26-20 30-day period immediately following the date of separation from
26-21 state employment;
26-22 (2) moves from a position in a state agency that
26-23 accrues vacation time to a position in that agency that does not
26-24 accrue vacation time, if the agency agrees to pay the employee for
26-25 the accrued balance of the employee's vacation time;
26-26 (3) moves from a position in a state agency that
26-27 accrues vacation time to a position in another state agency that
27-1 does not accrue vacation time, if the other state agency refuses to
27-2 credit the employee for the balance of the employee's vacation time
27-3 as of the date of the move;
27-4 (4) moves from a position in a state agency that does
27-5 not accrue vacation time to a position in another state agency that
27-6 does not accrue vacation time, if the other state agency is not
27-7 authorized or refuses to credit the employee for the balance of the
27-8 employee's vacation time as of the date of the move; or
27-9 (5) holds two or more positions, and separates from
27-10 one that accrues vacation time.
27-11 (f) Payment for accrued vacation leave for employees of the
27-12 legislative branch, including employees of the lieutenant governor,
27-13 is determined as follows:
27-14 (1) for employees of either house of the legislature,
27-15 a member of the legislature, or the lieutenant governor, by the
27-16 presiding officer of the appropriate house of the legislature; and
27-17 (2) for employees of a legislative agency, by the
27-18 administrative head of the agency.
27-19 SECTION 19. Chapter 661, Government Code, is amended by
27-20 amending Subchapter F and adding Subchapters G and Z to read as
27-21 follows:
27-22 SUBCHAPTER F. GENERAL PROVISIONS FOR VACATION [OTHER CATEGORIES
27-23 OF] LEAVE FOR STATE EMPLOYEES
27-24 Sec. 661.151. STATE AUDITOR INTERPRETATION. (a) The state
27-25 auditor shall provide a uniform interpretation of this subchapter
27-26 and Subchapters G and Z.
27-27 (b) The state auditor shall report to the governor and the
28-1 legislature any state agency or institution of higher education
28-2 that practices exceptions to those laws.
28-3 Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. (a) A
28-4 state employee is entitled to a vacation in each fiscal year
28-5 without a deduction in salary, except for a state employee who is:
28-6 (1) an employee of an institution of higher education
28-7 as defined by Section 61.003, Education Code, who:
28-8 (A) is not employed to work at least 20 hours
28-9 per week for a period of at least four and one-half months; or
28-10 (B) is employed in a position for which the
28-11 employee is required to be a student as a condition of the
28-12 employment;
28-13 (2) a faculty member employed for a period of fewer
28-14 than 12 months by an institution of higher education as defined by
28-15 Section 61.003, Education Code; or
28-16 (3) an instructional employee employed for a period of
28-17 fewer than 12 months by the Texas School for the Blind and Visually
28-18 Impaired or the Texas School for the Deaf.
28-19 (b) The amount of vacation accrues and may be taken in
28-20 accordance with this subchapter.
28-21 (c) A part-time employee accrues vacation leave on a
28-22 proportionate basis. The maximum amount of vacation leave a
28-23 part-time employee may carry forward from one fiscal year to the
28-24 next is also on a proportionate basis.
28-25 (d) An employee accrues vacation leave and may carry
28-26 vacation leave forward from one fiscal year to the next in
28-27 accordance with the following schedule:
29-1 Maximum Hours
29-2 Carried Forward
29-3 Hours Accrued From One Fiscal
29-4 Per Month for Year to the Next
29-5 Employees With Total Full-time for a Full-time
29-6 State Employment of: Employment Employee
29-7 less than 2 years 7 168
29-8 at least 2 but less than 5 years 8 232
29-9 at least 5 but less than 10 years 9 256
29-10 at least 10 but less than 15 years 10 280
29-11 at least 15 but less than 20 years 12 328
29-12 at least 20 years or more 14 376
29-13 (e) An employee accrues vacation leave at the applicable
29-14 rate beginning on the first day of state employment and ending on
29-15 the last day of state employment. An employee accrues and is
29-16 entitled to be credited for one month's vacation leave for each
29-17 month of employment with the state, beginning on the first day of
29-18 employment with the state and on the first calendar day of each
29-19 succeeding month of state employment. An employee who is employed
29-20 by the state during any part of a calendar month accrues vacation
29-21 leave entitlement for the entire calendar month.
29-22 (f) An employee may not take vacation leave until the
29-23 employee has six months of continuous employment with the state,
29-24 although the employee accrues vacation leave during that period.
29-25 (g) If an employee's state employment anniversary date
29-26 occurs on the first calendar day of a month, the employee begins to
29-27 accrue vacation leave at a higher rate in accordance with
30-1 Subsection (d) on the first calendar day of the appropriate month.
30-2 Otherwise, the employee begins to accrue vacation leave at the
30-3 higher rate on the first calendar day of the month following the
30-4 anniversary date. An employee who begins working on the first
30-5 workday of a month in a position that accrues vacation leave is
30-6 considered to have begun working on the first calendar day of the
30-7 month for purposes of this subsection.
30-8 (h) An employee is entitled to carry forward from one fiscal
30-9 year to the next the net balance of unused accumulated vacation
30-10 leave that does not exceed the maximum number of hours allowed
30-11 under Subsection (d). All hours of unused accumulated vacation
30-12 leave that may not be carried forward at the end of a fiscal year
30-13 under this subsection and Subsection (d) shall be credited to the
30-14 employee's sick leave balance on the first day of the next fiscal
30-15 year.
30-16 (i) In computing the amount of vacation leave taken, time
30-17 during which an employee is excused from work because of a holiday
30-18 is not charged against the employee's vacation leave.
30-19 (j) An employee who is on paid leave on the first workday of
30-20 a month may not take vacation leave accrued for that month until
30-21 the employee has returned to duty.
30-22 (k) An individual who is reemployed by any state agency in a
30-23 position under which the employee accrues vacation leave within 30
30-24 days after the individual's date of separation from state
30-25 employment is entitled to reinstatement of the unused balance of
30-26 the employee's previously accrued vacation leave.
30-27 Sec. 661.153. TRANSFER OF VACATION LEAVE BALANCE. A state
31-1 employee who transfers directly from one state agency to another is
31-2 entitled to credit by the agency to which the employee transfers
31-3 for the unused balance of the employee's accumulated vacation
31-4 leave, if the employee's employment with the state is uninterrupted
31-5 and if the employee is not paid for the leave under Section
31-6 661.062.
31-7 Sec. 661.154. VACATION LEAVE FOR LEGISLATIVE EMPLOYEES.
31-8 Vacation leave for employees of the legislative branch, including
31-9 employees of the lieutenant governor, is determined as follows:
31-10 (1) for employees of either house of the legislature,
31-11 a member of the legislature, or the lieutenant governor, by the
31-12 presiding officer of the appropriate house of the legislature; and
31-13 (2) for employees of a legislative agency, by the
31-14 administrative head of the agency.
31-15 (Sections 661.155-661.200 reserved for expansion
31-16 SUBCHAPTER G. GENERAL PROVISIONS FOR SICK LEAVE FOR STATE
31-17 EMPLOYEES
31-18 Sec. 661.201. APPLICABILITY. (a) Sick leave for employees
31-19 of the legislative branch, including employees of the lieutenant
31-20 governor, is determined as follows:
31-21 (1) for employees of either house of the legislature,
31-22 a member of the legislature, or the lieutenant governor, by the
31-23 presiding officer of the appropriate house of the legislature; and
31-24 (2) for employees of a legislative agency, by the
31-25 administrative head of the agency.
31-26 (b) An employee of an institution of higher education as
31-27 defined by Section 61.003, Education Code, is eligible to accrue or
32-1 take paid sick leave under this subchapter only if the employee:
32-2 (1) is employed to work at least 20 hours per week for
32-3 a period of at least four and one-half months; and
32-4 (2) is not employed in a position for which the
32-5 employee is required to be a student as a condition of the
32-6 employment.
32-7 Sec. 661.202. ENTITLEMENT TO SICK LEAVE; GENERAL PROVISIONS
32-8 AND PROCEDURES. (a) A state employee is entitled to sick leave
32-9 without a deduction in salary in accordance with this subchapter.
32-10 (b) An employee accrues sick leave beginning on the first
32-11 day of state employment and ending on the last day of state
32-12 employment. An employee is entitled to be credited for one month's
32-13 accrual of sick leave at the rate specified by Subsection (c) for
32-14 each month of employment with the state, beginning on the first day
32-15 of employment with the state and on the first calendar day of each
32-16 succeeding month of state employment.
32-17 (c) Sick leave entitlement for a full-time employee accrues
32-18 at the rate of eight hours for each month of state employment. A
32-19 part-time employee accrues sick leave on a proportionate basis. An
32-20 employee who is employed by the state during any part of a calendar
32-21 month accrues sick leave entitlement for the entire calendar month.
32-22 Sick leave accumulates with the unused amount of sick leave carried
32-23 forward each month.
32-24 (d) Sick leave with pay may be taken when sickness, injury,
32-25 or pregnancy and confinement prevent the employee's performance of
32-26 duty or when the employee is needed to care for and assist a member
32-27 of the employee's immediate family who is sick. For purposes of
33-1 taking regular sick leave with pay, the following persons are
33-2 considered to be members of the employee's immediate family:
33-3 (1) an individual who resides in the same household as
33-4 the employee and is related to the employee by kinship, adoption,
33-5 or marriage;
33-6 (2) a foster child of the employee who resides in the
33-7 same household as the employee and who is under the conservatorship
33-8 of the Department of Protective and Regulatory Services; and
33-9 (3) a minor child of the employee, regardless of
33-10 whether the child lives in the same household.
33-11 (e) An employee's use of sick leave to care for and assist
33-12 members of the employee's family who are not described by
33-13 Subsection (d) is strictly limited to the time necessary to provide
33-14 care and assistance to a spouse, adult child, or parent of the
33-15 employee who needs the care and assistance as a direct result of a
33-16 documented medical condition.
33-17 (f) An employee who must be absent from duty because of
33-18 sickness, injury, or pregnancy and confinement shall notify the
33-19 employee's supervisor or have the supervisor notified of that fact
33-20 at the earliest practicable time.
33-21 (g) To be eligible to take accumulated sick leave without a
33-22 deduction in salary during a continuous period of more than three
33-23 working days, an employee absent due to sickness, injury, or
33-24 pregnancy and confinement shall send to the administrative head of
33-25 the employing agency a doctor's certificate showing the cause or
33-26 nature of the condition or another written statement of the facts
33-27 concerning the condition that is acceptable to the administrative
34-1 head. The administrative head of an agency may require a doctor's
34-2 certificate or other written statement of the facts for sick leave
34-3 without a deduction in salary taken during a continuous period of
34-4 three or fewer working days.
34-5 (h) On returning to duty after taking sick leave, the
34-6 employee shall without delay complete the prescribed application
34-7 for sick leave and send the application in the manner prescribed by
34-8 the agency to the appropriate authority for approving the
34-9 application.
34-10 (i) The administrative head of an agency that is in
34-11 compliance with Subsection (j) may authorize an exception to the
34-12 amount of sick leave an employee may take after a review of the
34-13 individual's particular circumstances. A statement of all
34-14 authorized exceptions and the reasons for the exceptions shall be
34-15 attached to the state agency's duplicate payroll voucher for the
34-16 payroll period affected by the authorized exceptions.
34-17 (j) A state agency shall file a written statement with the
34-18 state auditor covering the policies and procedures for an extension
34-19 of leave under Subsection (i) and shall make the statement
34-20 available to all agency employees.
34-21 Sec. 661.203. FACULTY AT INSTITUTIONS OF HIGHER EDUCATION.
34-22 A faculty member at an institution of higher education as defined
34-23 by Section 61.003, Education Code, must submit prescribed leave
34-24 forms for all sick leave the faculty member takes if the absence
34-25 occurs during the normal workday for regular employees, even if no
34-26 classes are missed.
34-27 Sec. 661.204. TRANSFER OF SICK LEAVE BALANCE. A state
35-1 employee who transfers directly from one state agency to another is
35-2 entitled to credit by the agency to which the employee transfers
35-3 for the unused balance of the employee's accumulated sick leave, if
35-4 the employee's employment with the state is uninterrupted.
35-5 Sec. 661.205. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN
35-6 CERTAIN CIRCUMSTANCES. (a) An employee who separates from
35-7 employment with the state under a formal reduction in force is
35-8 entitled to have the employee's sick leave balance restored if the
35-9 employee is reemployed by the state within 12 months after the end
35-10 of the month in which the employee separates from state employment.
35-11 (b) An employee who separates from employment with the state
35-12 for a reason other than that described by Subsection (a) is
35-13 entitled to have the employee's sick leave balance restored if:
35-14 (1) the employee is reemployed by the same state
35-15 agency or institution of higher education within 12 months after
35-16 the end of the month in which the employee separates from state
35-17 employment, but only if there has been a break in employment with
35-18 the state of at least 30 calendar days; or
35-19 (2) the employee is reemployed by a different state
35-20 agency or institution of higher education within 12 months after
35-21 the end of the month in which the employee separates from state
35-22 employment.
35-23 Sec. 661.206 [661.151]. PARENT-TEACHER CONFERENCE: USE OF
35-24 SICK LEAVE. (a) This section applies to an employee who is a
35-25 parent of a child who is a student attending a grade from
35-26 prekindergarten through 12th grade.
35-27 (b) An employee may use up to eight hours of sick leave each
36-1 calendar year to attend parent-teacher conference sessions for the
36-2 employee's children.
36-3 (c) An employee shall give reasonable advance notice of the
36-4 employee's intention to use the sick leave to attend a
36-5 parent-teacher conference.
36-6 (d) In this section:
36-7 (1) "Employee" has the meaning assigned by Section
36-8 661.001.
36-9 (2) "Parent" means a person standing in parental
36-10 relation.
36-11 (Sections 661.207-661.900 reserved for expansion
36-12 SUBCHAPTER Z. MISCELLANEOUS LEAVE PROVISIONS FOR STATE EMPLOYEES
36-13 Sec. 661.901. APPLICABILITY. (a) This subchapter applies
36-14 only to a state employee employed in the executive or judicial
36-15 branch of state government.
36-16 (b) The leave policies for employees of the legislative
36-17 branch, including employees of the lieutenant governor, are
36-18 determined as follows:
36-19 (1) for employees of either house of the legislature,
36-20 a member of the legislature, or the lieutenant governor, by the
36-21 presiding officer of the appropriate house of the legislature; and
36-22 (2) for employees of a legislative agency, by the
36-23 administrative head of the agency.
36-24 (c) An employee of an institution of higher education as
36-25 defined by Section 61.003, Education Code, is eligible to accrue or
36-26 take paid leave under this subchapter only if the employee:
36-27 (1) is employed to work at least 20 hours per week for
37-1 a period of at least four and one-half months; and
37-2 (2) is not employed in a position for which the
37-3 employee is required to be a student as a condition of the
37-4 employment.
37-5 Sec. 661.902. EMERGENCY LEAVE. (a) A state employee is
37-6 entitled to emergency leave without a deduction in salary because
37-7 of a death in the employee's family. The death of the employee's
37-8 spouse or of a parent, brother, sister, grandparent, grandchild, or
37-9 child of the employee or of the employee's spouse is considered to
37-10 be a death in the employee's family for purposes of this
37-11 subsection.
37-12 (b) The administrative head of an agency may determine that
37-13 a reason other than that described by Subsection (a) is sufficient
37-14 for granting emergency leave and shall grant an emergency leave to
37-15 an employee who the administrative head determines has shown good
37-16 cause for taking emergency leave.
37-17 Sec. 661.903. NATIONAL GUARD EMERGENCY. A state employee
37-18 who is called to active duty as a member of the Texas National
37-19 Guard by the governor because of an emergency is entitled to a
37-20 leave of absence without a deduction in salary in accordance with
37-21 Section 431.0825.
37-22 Sec. 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY.
37-23 (a) An employee called to active duty during a national emergency
37-24 to serve in a reserve component of the armed forces of the United
37-25 States is entitled to an unpaid leave of absence.
37-26 (b) The employee continues to accrue state service credit
37-27 for purposes of longevity pay while on military duty described by
38-1 Subsection (a) but does not accrue vacation or sick leave during
38-2 that time.
38-3 (c) The employee retains any accrued vacation or sick leave
38-4 and is entitled to be credited with those balances on return to
38-5 state employment from military duty described by Subsection (a).
38-6 Sec. 661.905. VOLUNTEER FIREFIGHTERS. (a) A state employee
38-7 who is a volunteer firefighter is entitled to a leave of absence
38-8 without a deduction in salary to attend fire service training
38-9 conducted by a state agency or institution of higher education.
38-10 Leave without a deduction in salary under this subsection may not
38-11 exceed five working days in a fiscal year.
38-12 (b) A state agency or institution of higher education may
38-13 grant leave without a deduction in salary to a volunteer
38-14 firefighter for the purpose of allowing the firefighter to respond
38-15 to emergency fire situations if the agency or institution has an
38-16 established policy for granting that leave.
38-17 Sec. 661.906. FOSTER PARENTS. A state employee who is a
38-18 foster parent to a child under the conservatorship of the
38-19 Department of Protective and Regulatory Services is entitled to a
38-20 leave of absence without a deduction in salary for the purpose of
38-21 attending:
38-22 (1) meetings held by the Department of Protective and
38-23 Regulatory Services regarding the child under the foster care of
38-24 the employee; or
38-25 (2) an admission, review, and dismissal meeting held
38-26 by a school district regarding the child under the foster care of
38-27 the employee.
39-1 Sec. 661.907. RED CROSS DISASTER SERVICE VOLUNTEER. (a) A
39-2 state employee who is a certified disaster service volunteer of
39-3 the American Red Cross or who is in training to become such a
39-4 volunteer may be granted leave not to exceed 10 days each fiscal
39-5 year to participate in specialized disaster relief services for the
39-6 American Red Cross without a deduction in salary if the leave is
39-7 taken:
39-8 (1) on the request of the American Red Cross;
39-9 (2) with the authorization of the employee's
39-10 supervisor; and
39-11 (3) with the approval of the governor.
39-12 (b) The number of certified disaster volunteers who are
39-13 eligible for leave under this section may not exceed 350 state
39-14 employees at any one time during a fiscal year. The division of
39-15 emergency management in the governor's office shall coordinate the
39-16 establishment and maintenance of the list of eligible employees.
39-17 (c) Not later than the 60th day after the date the American
39-18 Red Cross makes a request under Subsection (a)(1), the American Red
39-19 Cross shall prepare a report for the Legislative Budget Board
39-20 stating the reasons for the request.
39-21 Sec. 661.908. LEAVE RECORDS; TIME AND ATTENDANCE RECORDS.
39-22 The administrative head or governing body of each state agency
39-23 shall require for each employee:
39-24 (1) time and attendance records;
39-25 (2) a record of the accrual and taking of vacation and
39-26 sick leave;
39-27 (3) a record of the reason an employee takes leave if
40-1 other law requires the employee to inform the agency of the reason;
40-2 and
40-3 (4) a record that shows whether any leave taken is
40-4 accounted for as sick leave, vacation leave, other paid leave,
40-5 leave without pay, or other absence.
40-6 Sec. 661.909. LEAVE WITHOUT PAY; LEAVE OF ABSENCE. (a) A
40-7 state agency or institution of higher education may grant
40-8 employees leave without pay, including a leave of absence without
40-9 pay, in accordance with this section.
40-10 (b) The duration of the leave may not exceed 12 months.
40-11 (c) Except for disciplinary suspensions, active military
40-12 duty, and leave covered by workers' compensation benefits, all
40-13 accumulated paid leave entitlements must be used before going on
40-14 leave without pay status. Sick leave must first be used only if the
40-15 employee is taking leave for a reason for which the employee is
40-16 eligible to take sick leave under Subchapter G.
40-17 (d) Subject to fiscal constraints, approval of the leave
40-18 constitutes a guarantee of reemployment at the conclusion of the
40-19 specified leave period.
40-20 (e) The administrative head of a state agency or institution
40-21 of higher education may grant exceptions to the limitations of this
40-22 section if the employee is taking the leave for a reason such as:
40-23 (1) to work for another state governmental entity
40-24 under an interagency agreement; or
40-25 (2) educational purposes.
40-26 (f) Except for an employee who returns to state employment
40-27 from military leave without pay under Section 661.904, a full
41-1 calendar month during which an employee is on leave without pay is
41-2 not counted in computing:
41-3 (1) total state service for purposes related to
41-4 longevity pay or to the rate of accrual of vacation leave; or
41-5 (2) continuous state service for purposes related to
41-6 merit salary provisions or vacation leave.
41-7 (g) An employee does not accrue vacation or sick leave for a
41-8 full calendar month during which the employee is on leave without
41-9 pay.
41-10 (h) A full or partial calendar month during which an
41-11 employee is on leave without pay does not constitute a break in
41-12 continuity of employment.
41-13 Sec. 661.910. SEEING-EYE DOG TRAINING FOR BLIND EMPLOYEES.
41-14 (a) A state employee who is blind, as defined by Section 91.002,
41-15 Human Resources Code, is entitled to a leave of absence without a
41-16 deduction in salary for the purpose of attending a training program
41-17 to acquaint the employee with a seeing-eye dog to be used by the
41-18 employee.
41-19 (b) The leave of absence provided by this section may not
41-20 exceed 10 working days in a fiscal year.
41-21 Sec. 661.911. ADMINISTRATIVE LEAVE WITH PAY. (a) In
41-22 addition to employee leave authorized elsewhere in this chapter,
41-23 the administrative head of an agency may grant administrative leave
41-24 without a deduction in salary to an employee as a reward for
41-25 outstanding performance as documented by employee performance
41-26 appraisals.
41-27 (b) The total amount of administrative leave an employee may
42-1 be granted under this section may not exceed 32 hours during a
42-2 fiscal year.
42-3 Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) To the
42-4 extent required by federal law, a state employee who has a total
42-5 of at least 12 months of state service and who has worked at least
42-6 1,250 hours during the 12-month period preceding the beginning of
42-7 leave under this section is entitled to leave under the federal
42-8 Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
42-9 seq.).
42-10 (b) The employee must first use all available and applicable
42-11 paid vacation and sick leave while taking leave under this section,
42-12 except that an employee who is receiving temporary disability
42-13 benefits or workers' compensation benefits is not required to first
42-14 use applicable paid vacation or sick leave while receiving those
42-15 benefits.
42-16 Sec. 661.913. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. (a) A
42-17 state employee who has been employed for fewer than 12 months by
42-18 the state or who worked fewer than 1,250 hours during the 12-month
42-19 period preceding the beginning of leave under this section is
42-20 eligible to take a parental leave of absence not to exceed 12 weeks
42-21 in accordance with this section.
42-22 (b) The employee must first use all available and applicable
42-23 paid vacation and sick leave while taking the leave, and the
42-24 remainder of the leave is unpaid.
42-25 (c) The leave authorized by this section is limited to, and
42-26 begins on the date of, the birth of a natural child of the employee
42-27 or the adoption by or foster care placement with the employee of a
43-1 child younger than three years of age.
43-2 Sec. 661.914. VOTING BY STATE EMPLOYEES. A state agency
43-3 shall allow each agency employee sufficient time off, without a
43-4 deduction in salary or accrued leave, to vote in each national,
43-5 state, or local election.
43-6 SECTION 20. Section 662.003(b), Government Code, is amended
43-7 to read as follows:
43-8 (b) A state holiday includes only the following days:
43-9 (1) the 19th day of January, "Confederate Heroes Day,"
43-10 in honor of Jefferson Davis, Robert E. Lee, and other Confederate
43-11 heroes;
43-12 (2) the second day of March, "Texas Independence Day";
43-13 (3) the 21st day of April, "San Jacinto Day";
43-14 (4) the 19th day of June, "Emancipation Day in Texas,"
43-15 in honor of the emancipation of the slaves in Texas in 1865;
43-16 (5) the 27th day of August, "Lyndon Baines Johnson
43-17 Day," in observance of the birthday of Lyndon Baines Johnson;
43-18 (6) [every day on which an election is held throughout
43-19 the state;]
43-20 [(7)] the Friday after Thanksgiving Day;
43-21 (7) [(8)] the 24th day of December; and
43-22 (8) [(9)] the 26th day of December.
43-23 SECTION 21. Section 662.004(a), Government Code, is amended
43-24 to read as follows:
43-25 (a) A state agency and an institution of higher education as
43-26 defined by Section 61.003, Education Code, shall have enough
43-27 employees on duty during a state holiday to conduct the public
44-1 business of the agency or institution.
44-2 SECTION 22. Section 662.007, Government Code, is amended by
44-3 adding Subsection (c) to read as follows:
44-4 (c) An institution of higher education as defined by Section
44-5 61.003, Education Code, may allow an employee who is required to
44-6 work on a national or state holiday that does not fall on a
44-7 Saturday or Sunday to take compensatory time off in accordance with
44-8 this section or may instead pay the employee at the employee's
44-9 regular rate of pay for that time if the institution determines
44-10 that allowing compensatory time off would disrupt normal teaching,
44-11 research, or other critical functions.
44-12 SECTION 23. Subchapter A, Chapter 662, Government Code, is
44-13 amended by adding Section 662.0072 to read as follows:
44-14 Sec. 662.0072. TRANSFERRING EMPLOYEE: PAYMENT FOR HOLIDAY.
44-15 If a state or national holiday that does not fall on a Saturday or
44-16 Sunday occurs between the dates that a state employee transfers
44-17 from one state agency to another without a break in service, the
44-18 agency to which the employee transfers is responsible for paying
44-19 the employee for the holiday.
44-20 SECTION 24. Section 662.011, Government Code, is amended by
44-21 amending Subsection (a) and adding Subsection (c) to read as
44-22 follows:
44-23 (a) The governing body of an institution of higher
44-24 education, as defined by Section 61.003, Education Code, other than
44-25 a public junior college as defined by that section, may establish
44-26 the holiday schedule for the institution, subject to any applicable
44-27 limitation on the observance of holidays prescribed by the General
45-1 Appropriations Act.
45-2 (c) An employee of the institution is eligible to take paid
45-3 holiday leave only if the employee:
45-4 (1) is scheduled to work at least 20 hours per week
45-5 for a period of at least four and one-half months; and
45-6 (2) is not employed in a position for which the
45-7 employee is required to be a student as a condition of the
45-8 employment.
45-9 SECTION 25. Subtitle B, Title 6, Government Code, is amended
45-10 by adding Chapter 666 to read as follows:
45-11 CHAPTER 666. MULTIPLE EMPLOYMENTS WITH STATE
45-12 Sec. 666.001. GENERAL PROVISIONS. (a) This chapter applies
45-13 to a person who is or may become employed by more than one state
45-14 agency or institution of higher education.
45-15 (b) A person who is employed by more than one state agency
45-16 or institution of higher education may not receive benefits from
45-17 the state that exceed the benefits provided for one full-time
45-18 employee.
45-19 (c) The person must be informed of the requirements of this
45-20 chapter before the person is employed by more than one agency or
45-21 institution.
45-22 Sec. 666.002. SEPARATE RECORDS REQUIRED. Separate vacation
45-23 and sick leave records must be maintained for each employment.
45-24 Sec. 666.003. TRANSFER OF LEAVE BALANCES PROHIBITED. If the
45-25 person separates from one employment, the person's leave balances
45-26 that were accrued under that employment may not be transferred to
45-27 the remaining employments.
46-1 Sec. 666.004. ACCRUAL OF STATE SERVICE CREDIT. The person
46-2 accrues state service credit for all purposes as if the person had
46-3 only one employment.
46-4 Sec. 666.005. GROUP INSURANCE CONTRIBUTION. The total state
46-5 contribution toward the person's group insurance is limited to the
46-6 amount specified in the General Appropriations Act for a full-time
46-7 active employee.
46-8 Sec. 666.006. OVERTIME COMPENSATION. (a) Overtime
46-9 compensation accrues for each employment independently of every
46-10 other employment, except as provided by Subsection (b).
46-11 (b) If the person is subject to the overtime provisions of
46-12 the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
46-13 et seq.) in an employment, the employing agencies and institutions
46-14 of higher education shall ensure that the person is compensated for
46-15 all combined time actually worked that exceeds 40 hours per week in
46-16 accordance with the overtime provisions of the federal law. The
46-17 agencies and institutions shall cooperate to determine which agency
46-18 or institution is responsible for ensuring that the employee is
46-19 properly compensated according to those provisions.
46-20 Sec. 666.007. INFORMING EMPLOYER ABOUT MULTIPLE EMPLOYMENT.
46-21 The person must inform the person's employing state agencies or
46-22 institutions of higher education before accepting an additional
46-23 employment with another agency or institution.
46-24 Sec. 666.008. SPECIAL PROVISIONS FOR LEGISLATIVE AGENCIES.
46-25 If a person's multiple employment involves only legislative
46-26 agencies and all employments are less than full-time, the person
46-27 may use paid leave from leave balances in all employments, and on
47-1 separating from one employment, leave balances accrued under that
47-2 employment will be transferred to the remaining employments.
47-3 Sec. 666.009. SPECIAL PROVISIONS FOR UNIVERSITY SYSTEMS.
47-4 (a) A university system as defined by Section 61.003, Education
47-5 Code, may establish a policy that defines a person's employment as
47-6 the total hours the person is assigned:
47-7 (1) to one component of the system; or
47-8 (2) to all components of the system.
47-9 (b) The policy may apply to a person only if the person is
47-10 employed by more than one institution of higher education and all
47-11 the employing institutions are within the same university system.
47-12 SECTION 26. This section provides, for information purposes
47-13 only, a derivation table for provisions of the General
47-14 Appropriations Act that are codified in general law by other
47-15 sections of this Act. The first column identifies the codified
47-16 law; all references are to the Government Code unless otherwise
47-17 expressly noted. The second column identifies for each codified
47-18 law the applicable source provision of the General Appropriations
47-19 Act for the fiscal biennium ending August 31, 1999 (Chapter 1452,
47-20 Acts of the 75th Legislature, Regular Session, 1997).
47-21 Codified Law Source Provision
47-22 Sec. 651.005 Sec. 1.9
47-23 Sec. 654.0125 Sec. 1.15
47-24 Sec. 654.014 Sec. 1.16.a, 2nd sent.
47-25 Sec. 654.0155 Secs. 1.4.b, d
47-26 Sec. 654.0156 Sec. 1.4.a
47-27 Sec. 656.026 Sec. 157
48-1 Sec. 658.005(a) Sec. 8.1
48-2 Sec. 658.006 Sec. 8.2
48-3 Sec. 658.008 Sec. 8.6
48-4 Sec. 658.009 Sec. 1.12 (part)
48-5 Sec. 658.010 Sec. 8.3
48-6 Sec. 659.002(d) Sec. 3, 1st par., 1st 2
48-7 sent.
48-8 Sec. 659.004 Sec. 1.19
48-9 Sec. 659.005(a) Sec. 2.3
48-10 Secs. 659.005(b)-(e) Sec. 2.4
48-11 Sec. 659.006 Sec. 3, 1st par., last
48-12 sent.
48-13 Sec. 659.015 Secs. 2.6.a, 2.6.c
48-14 Sec. 659.016 Secs. 2.6.b, 2.6.c
48-15 Sec. 659.017 Sec. 2.6.e
48-16 Sec. 659.018 Sec. 2.6.d
48-17 Sec. 659.019 Sec. 1.12 (part)
48-18 Sec. 659.020 Sec. 1.14 (part)
48-19 Sec. 659.021 Sec. 1.16.a, 3rd sent.,
48-20 1st clause
48-21 Secs. 659.081, 659.082 Sec. 2.1, 1st sent.
48-22 (part)
48-23 Sec. 659.085 Sec. 2.1, last 4 sent.
48-24 Secs. 659.251-659.253 Sec. 1.2
48-25 Sec. 659.254 Secs. 1.3, 1.4.c
48-26 Sec. 659.255 Sec. 1.5
48-27 Sec. 659.256 Sec. 1.6
49-1 Sec. 659.257 Sec. 1.7
49-2 Sec. 659.258 Sec. 1.8
49-3 Sec. 659.259 Sec. 1.10
49-4 Secs. 659.260(a), (b), (c), (e) Sec. 1.11
49-5 Sec. 659.260(d) Sec. 1.16.a, 3rd sent.,
49-6 last clause
49-7 Sec. 659.261 Sec. 1.16.b
49-8 Sec. 661.033(c) Sec. 9.6
49-9 Secs. 661.062(a), (b) Sec. 9.1, last 2 sent.
49-10 Sec. 661.062(f) Sec. 9.9 (part)
49-11 Sec. 661.151 Sec. 9.8
49-12 Sec. 661.152 Sec. 9.1, 1st 7 par.
49-13 Sec. 661.153 Sec. 9.5 (part)
49-14 Sec. 661.154 Sec. 9.9 (part)
49-15 Sec. 661.201(a) Sec. 9.9 (part)
49-16 Sec. 661.201(b) Sec. 9.3, last par.
49-17 (part)
49-18 Sec. 661.202 Sec. 9.2, except last
49-19 sent.
49-20 Sec. 661.203 Sec. 9.2, last sent.
49-21 Sec. 661.204 Sec. 9.5 (part)
49-22 Sec. 661.205 Sec. 9.10
49-23 Secs. 661.901(a), (b) Sec. 9.9 (part)
49-24 Sec. 661.901(c) Sec. 9.3, last par.
49-25 (part)
49-26 Sec. 661.902 Sec. 9.3, 1st par.
49-27 Sec. 661.903 Sec. 9.4, 1st par.
50-1 Sec. 661.904 Sec. 9.4, 3rd par.
50-2 Sec. 661.905 Sec. 9.4, 4th par.
50-3 Sec. 661.906 Sec. 9.4, 5th par.
50-4 Sec. 661.907 Sec. 9.4, 6th par.
50-5 Sec. 661.908 Sec. 9.7
50-6 Sec. 661.909 Sec. 9.11
50-7 Sec. 661.910 Sec. 9.12
50-8 Sec. 661.911 Sec. 9.13
50-9 Sec. 661.912 Sec. 9.14.a
50-10 Sec. 661.913 Sec. 9.14.b
50-11 Sec. 661.914 Sec. 8.5 (part)
50-12 Sec. 662.003(b) Sec. 8.5 (part)
50-13 Sec. 662.004(a) Sec. 8.4, 3rd par., 1st
50-14 sent.
50-15 Sec. 662.007 Sec. 8.4, 4th par. (part)
50-16 Sec. 662.0072 Sec. 8.4, 7th par.
50-17 Sec. 662.011(c) Sec. 8.4, 2nd par.
50-18 Sec. 666.001 Sec. 10.1, 1st par.
50-19 Secs. 666.002-666.003 Sec. 10.1.a
50-20 Sec. 666.004 Sec. 10.1.b
50-21 Sec. 666.005 Sec. 10.1.d
50-22 Sec. 666.006 Sec. 10.1.e
50-23 Sec. 666.007 Sec. 10.1.f
50-24 Sec. 666.008 Sec. 10.2
50-25 Sec. 666.009 Sec. 10.3
50-26 SECTION 27. This Act takes effect September 1, 1999.
50-27 SECTION 28. The importance of this legislation and the
51-1 crowded condition of the calendars in both houses create an
51-2 emergency and an imperative public necessity that the
51-3 constitutional rule requiring bills to be read on three several
51-4 days in each house be suspended, and this rule is hereby suspended.