1-1 By: Ratliff S.B. No. 174
1-2 (In the Senate - Filed January 19, 1999; January 28, 1999,
1-3 read first time and referred to Committee on Finance;
1-4 March 8, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; March 8, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 174 By: Ratliff
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to codification of certain state employment matters
1-11 currently prescribed by the General Appropriations Act.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 651, Government Code, is amended by
1-14 adding Section 651.005 to read as follows:
1-15 Sec. 651.005. REDUCTIONS IN FORCE. A state governmental
1-16 entity undergoing a reorganization mandated by statute may
1-17 institute a reduction in force as a direct result of the
1-18 reorganization, notwithstanding a rule, personnel handbook, or
1-19 policy of the entity to the contrary.
1-20 SECTION 2. Subchapter B, Chapter 654, Government Code, is
1-21 amended by adding Section 654.0125 to read as follows:
1-22 Sec. 654.0125. EXEMPTION OF POSITIONS BY GOVERNOR.
1-23 (a) Appropriated money may not be used to pay the salary of a
1-24 person in a position exempted from the position classification plan
1-25 by the governor under Section 654.012(8)(A) unless the position is
1-26 a bona fide new position established to accomplish duties related
1-27 to programs or functions that were not anticipated, and for that
1-28 reason not funded, under the General Appropriations Act.
1-29 (b) A new position may not be created under Section
1-30 654.012(8)(A) for the sole purpose of adjusting the salary of an
1-31 existing position.
1-32 (c) The governor's exemption of a position from the position
1-33 classification plan under Section 654.012(8)(A) must contain a
1-34 certification that the exemption is for a bona fide new position.
1-35 The comptroller may not pay compensation for the position until
1-36 formal notification of the action of the governor to exempt the
1-37 position is filed with the classification officer and the
1-38 Legislative Budget Board.
1-39 (d) A position exempted by the governor under Section
1-40 654.012(8)(A) in the first year of a state fiscal biennium may
1-41 continue into the second year. The salary rate established for the
1-42 position may be adjusted for the second year of the biennium by a
1-43 rate not to exceed the rate by which the salary schedule for
1-44 classified positions in the General Appropriations Act is adjusted
1-45 from the first to the second year of the biennium.
1-46 SECTION 3. Section 654.014, Government Code, is amended to
1-47 read as follows:
1-48 Sec. 654.014. APPOINTMENTS TO CONFORM WITH POSITION
1-49 CLASSIFICATION PLAN AND GENERAL APPROPRIATIONS ACT. (a) Each
1-50 employment to which this subchapter applies shall conform to:
1-51 (1) the classes of work described in the position
1-52 classification plan;
1-53 (2) the titles authorized by the plan; and
1-54 (3) the salary rates and provisions in the General
1-55 Appropriations Act.
1-56 (b) Each state agency or other state entity subject to this
1-57 chapter may determine, at the time an individual is initially
1-58 employed by the entity in a classified position, the individual's
1-59 salary rate within the applicable salary group for the individual's
1-60 classified position.
1-61 SECTION 4. Subchapter B, Chapter 654, Government Code, is
1-62 amended by adding Sections 654.0155 and 654.0156 to read as
1-63 follows:
1-64 Sec. 654.0155. PERIODIC REVIEW OF POSITIONS. (a) To ensure
2-1 that each position is properly classified, each employing state
2-2 entity subject to this chapter:
2-3 (1) shall review individual job assignments within the
2-4 entity by the beginning of each state fiscal year; and
2-5 (2) may perform a monthly review of job assignments.
2-6 (b) The entity shall report to the classification officer
2-7 the results of the reviews and the method used to comply with this
2-8 section. If the classification officer determines the method used
2-9 is inadequate, a classification compliance audit to determine
2-10 proper classification shall be undertaken.
2-11 Sec. 654.0156. RECLASSIFICATION. (a) An employing state
2-12 entity subject to this chapter may reclassify a position to another
2-13 title in the position classification plan:
2-14 (1) in response to a classification review; or
2-15 (2) as a result of a program reorganization by the
2-16 administrative head of the employing state entity.
2-17 (b) The sole purpose of a reclassification is to properly
2-18 classify a position and define its duties under this chapter based
2-19 on the duties currently performed by an employee holding the
2-20 reclassified position. A reclassification therefore does not
2-21 indicate that the employee's assigned duties should or will be
2-22 changed.
2-23 (c) A reclassification takes effect at the beginning of a
2-24 calendar month.
2-25 SECTION 5. Subchapter B, Chapter 656, Government Code, is
2-26 amended by adding Section 656.026 to read as follows:
2-27 Sec. 656.026. JOB NOTICE POSTING WAIVER. A state agency is
2-28 not required to comply with the requirements of this subchapter or
2-29 Subchapter A when the agency transfers or reassigns an employee as
2-30 part of a reorganization or merger mandated by the legislature if
2-31 the executive head of the agency certifies that the transfer or
2-32 reassignment is necessary for the proper implementation of the
2-33 reorganization or merger.
2-34 SECTION 6. Subsection (a), Section 658.005, Government Code,
2-35 is amended to read as follows:
2-36 (a) Normal office hours of a state agency are from 8 a.m. to
2-37 5 p.m., Monday through Friday. These hours are the regular working
2-38 hours for a full-time state employee. The offices of a state
2-39 agency shall remain open during the noon hour each working day with
2-40 at least one person on duty to accept calls, receive visitors, or
2-41 transact business.
2-42 SECTION 7. Sections 658.001 and 658.006, Government Code,
2-43 are amended to read as follows:
2-44 Sec. 658.001. Definitions. In this chapter:
2-45 (1) "Full-time state employee" means a person employed
2-46 by a state agency who, if not participating in a voluntary work
2-47 reduction program under Section 658.003, is required to work for
2-48 the agency not less than 40 hours a week.
2-49 (2) "State agency" means:
2-50 (A) a board, commission, department,
2-51 institution, office, or other agency in the executive branch of
2-52 state government that is created by the constitution or a statute
2-53 of this state, including an institution of higher education as
2-54 defined by Section 61.003, Education Code; or
2-55 (B) the Supreme Court of Texas, the Texas Court
2-56 of Criminal Appeals, a court of appeals, or other agency in the
2-57 judicial branch.
2-58 Sec. 658.006. STAGGERED WORKING HOURS[; CAPITOL AREA IN
2-59 AUSTIN]. Normal working hours for employees of a state agency [in
2-60 the Capitol area in Austin] may be staggered [as authorized by the
2-61 General Appropriations Act] for traffic regulation or public
2-62 safety.
2-63 SECTION 8. Chapter 658, Government Code, is amended by
2-64 adding Sections 658.008, 658.009, and 658.010 to read as follows:
2-65 Sec. 658.008. MEMBERS OF NATIONAL GUARD OR RESERVE. To
2-66 facilitate participation in military duties by state employees,
2-67 each state agency shall adjust the work schedule of any employee
2-68 who is a member of the Texas National Guard or the United States
2-69 Armed Forces Reserve so that two of the employee's days off work
3-1 each month coincide with two days of military duty to be performed
3-2 by the employee.
3-3 Sec. 658.009. PART-TIME EMPLOYMENT. A state agency may fill
3-4 a regular full-time position with one or more part-time employees:
3-5 (1) without regard to whether the position is subject
3-6 to or exempt from the state's position classification plan; and
3-7 (2) subject to Section 659.019.
3-8 Sec. 658.010. PLACE WHERE WORK PERFORMED. (a) An employee
3-9 of a state agency shall, during normal office hours, conduct agency
3-10 business only at the employee's regular or assigned temporary place
3-11 of employment unless the employee:
3-12 (1) is travelling; or
3-13 (2) received prior written authorization from the
3-14 administrative head of the employing state agency to perform work
3-15 elsewhere.
3-16 (b) The employee's personal residence may not be considered
3-17 the employee's regular or assigned temporary place of employment
3-18 without prior written authorization from the administrative head of
3-19 the employing state agency.
3-20 SECTION 9. Section 659.002, Government Code, is amended by
3-21 adding Subsection (d) to read as follows:
3-22 (d) The state shall withhold money from salaries and wages
3-23 paid to state officers and employees in accordance with applicable
3-24 federal law, including federal law relating to withholding for
3-25 purposes of the federal income tax. The state shall make any
3-26 required employer contributions in accordance with applicable
3-27 federal law. The comptroller shall make payments in accordance
3-28 with this subsection.
3-29 SECTION 10. Subchapter A, Chapter 659, Government Code, is
3-30 amended by adding Sections 659.004, 659.005, and 659.006 to read as
3-31 follows:
3-32 Sec. 659.004. PAYROLL AND PERSONNEL REPORTING. (a) In this
3-33 section, "state agency" has the meaning assigned by Section
3-34 658.001.
3-35 (b) The comptroller, in consultation with the state auditor,
3-36 shall adopt rules that prescribe uniform procedures for payroll and
3-37 personnel reporting for all state agencies and that are designed
3-38 to:
3-39 (1) facilitate the auditing of payrolls;
3-40 (2) facilitate a classification compliance audit under
3-41 Chapter 654;
3-42 (3) assure conformity with this chapter and the
3-43 General Appropriations Act; and
3-44 (4) provide the legislative audit committee with
3-45 current information on employment and wage rate practices in state
3-46 government.
3-47 Sec. 659.005. WITNESS FEES; JURY SERVICE. (a) A deduction
3-48 may not be made from the salary or wages of a state employee
3-49 because the employee is called for jury service, including a
3-50 deduction for any fee or compensation the employee receives for the
3-51 jury service.
3-52 (b) A state officer or employee who appears as a witness in
3-53 an official capacity in a judicial proceeding or legislative
3-54 hearing may not accept or receive a witness fee for the appearance.
3-55 (c) A state officer or employee who appears as a witness, in
3-56 a capacity other than as a state officer or employee, in a judicial
3-57 proceeding or legislative hearing to testify from personal
3-58 knowledge concerning matters related to the proceeding or hearing
3-59 is entitled to receive any customary witness fees for the
3-60 appearance.
3-61 (d) A state officer or employee who appears as an expert
3-62 witness in a judicial proceeding or legislative hearing may accept
3-63 compensation for the appearance only if the person is not also
3-64 compensated by the state for the person's time in making the
3-65 appearance and may accept reimbursement for travel expenses only if
3-66 the expenses are not reimbursed by the state. For purposes of this
3-67 subsection, paid leave is not considered time compensated by the
3-68 state.
3-69 (e) A state officer or employee may receive reimbursement
4-1 for travel and a per diem or reimbursement for expenses connected
4-2 to an appearance in an official capacity as a witness in a judicial
4-3 proceeding or legislative hearing only from the state or the
4-4 judicial body, but not from both the state and the judicial body.
4-5 Sec. 659.006. ADJUSTMENT FOR INACCURATE PAYMENT. The
4-6 comptroller by rule shall prescribe procedures for state agencies
4-7 to follow in making adjustments to payrolls for the pay period
4-8 immediately following the period in which an inaccurate payment or
4-9 deduction is made or in which other error occurs.
4-10 SECTION 11. The heading to Subchapter B, Chapter 659,
4-11 Government Code, is amended to read as follows:
4-12 SUBCHAPTER B. SALARY AMOUNTS; OVERTIME AND
4-13 COMPENSATORY TIME
4-14 SECTION 12. Subchapter B, Chapter 659, Government Code, is
4-15 amended by adding Sections 659.015, 659.016, 659.017, 659.018,
4-16 659.019, 659.020, and 659.021 to read as follows:
4-17 Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO
4-18 FAIR LABOR STANDARDS ACT. (a) This section applies only to a
4-19 state employee who is subject to the overtime provisions of the
4-20 federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
4-21 seq.) and who is not an employee of the legislature, including an
4-22 employee of the lieutenant governor, or of a legislative agency.
4-23 (b) The employee is entitled to compensation for overtime as
4-24 provided by federal law and this section. To the extent that this
4-25 section and federal law prescribe a different rule for the same
4-26 circumstance, federal law controls without regard to whether this
4-27 section or federal law prescribes a stricter rule.
4-28 (c) An employee who is required to work more than 40 hours
4-29 in a workweek is entitled to compensation for the overtime hours:
4-30 (1) by taking compensatory time off at the rate of
4-31 1-1/2 hours off for each hour of accrued overtime, if the employing
4-32 agency allows or requires the employee to do so; or
4-33 (2) by receiving pay for the overtime hours at the
4-34 rate of 1-1/2 times the employee's regular hourly rate of pay, if
4-35 the employing agency determines it is impractical for the employee
4-36 to take compensatory time off as compensation for the overtime.
4-37 (d) Holidays or other paid leave taken during a workweek are
4-38 not counted as hours worked in computing the number of overtime
4-39 hours under Subsection (c) or (e).
4-40 (e) An employee may not accumulate more than 240 hours of
4-41 overtime credit that may be taken as compensatory leave under
4-42 Subsection (c)(1), except that an employee engaged in a public
4-43 safety activity, an emergency response activity, or a seasonal
4-44 activity may accumulate, in accordance with 29 U.S.C. Section
4-45 207(o)(3)(A), not more than 480 hours of overtime credit that may
4-46 be taken as compensatory leave under Subsection (c)(1). An
4-47 employee must be paid at the rate prescribed by Subsection (c)(2)
4-48 for the number of overtime hours the employee works that cause the
4-49 employee to exceed the amount of overtime credit the employee may
4-50 accumulate. In this subsection, "overtime credit" means the number
4-51 of hours that is computed by multiplying the number of overtime
4-52 hours worked by 1-1/2.
4-53 (f) When an employee does not work more than 40 hours in a
4-54 workweek but the number of hours worked plus the number of hours of
4-55 holiday or other paid leave taken during the workweek exceeds 40
4-56 hours, the employee is entitled to compensatory time off at the
4-57 rate of one hour off for each of the excess hours. When an
4-58 employee does work 40 or more hours in a workweek and in addition
4-59 takes holiday or other paid leave during the workweek, and the
4-60 total number of hours worked still exceeds 40 after subtracting the
4-61 hours compensable under Subsections (c)-(e), the employee is
4-62 entitled to compensatory time off at the rate of one hour off for
4-63 each of the remaining hours in excess of 40. When an employee does
4-64 not work more than 40 hours in a workweek and the number of hours
4-65 worked plus the number of hours of holiday or other paid leave
4-66 taken during the week does not exceed 40 hours, the employee may
4-67 not accrue compensatory time for the week under this section.
4-68 (g) Compensatory time off to which an employee is entitled
4-69 under Subsection (f) must be taken during the 12-month period
5-1 following the end of the workweek in which the compensatory time
5-2 was accrued or it lapses. An employee may not be paid for that
5-3 compensatory time. However, an employee of an institution of
5-4 higher education as defined by Section 61.003, Education Code, or
5-5 an employee engaged in a public safety activity, including highway
5-6 construction and maintenance or an emergency response activity, may
5-7 be paid at the employee's regular rate of pay for that compensatory
5-8 time if the employer determines that taking the compensatory time
5-9 off would disrupt normal teaching, research, or other critical
5-10 functions.
5-11 (h) Hospital, fire protection, and law enforcement
5-12 personnel, including security personnel in correctional
5-13 institutions, are governed by the federal Fair Labor Standards Act
5-14 of 1938 (29 U.S.C. Section 201 et seq.) provisions applicable to
5-15 those employees, including the exceptions to the standard overtime
5-16 computation for a workweek.
5-17 Sec. 659.016. OVERTIME COMPENSATION FOR EMPLOYEES NOT
5-18 SUBJECT TO FAIR LABOR STANDARDS ACT; REDUCTIONS IN PAY. (a) This
5-19 section applies only to a state employee who is not subject to the
5-20 overtime provisions of the federal Fair Labor Standards Act of 1938
5-21 (29 U.S.C. Section 201 et seq.) and who is not an employee of the
5-22 legislature, including an employee of the lieutenant governor, or
5-23 of a legislative agency.
5-24 (b) When the sum of hours worked plus holiday or other paid
5-25 leave taken by an employee during a workweek exceeds 40 hours, and
5-26 not otherwise, the employee may be allowed to accrue compensatory
5-27 time for the number of hours that exceeds 40 hours.
5-28 (c) An employee who is exempt as an executive, professional,
5-29 or administrative employee under 29 U.S.C. Section 213(a)(1) may be
5-30 allowed compensatory time off during the 12-month period following
5-31 the end of the workweek in which the time that exceeds 40 hours
5-32 under Subsection (b) was accrued, at a rate not to exceed one hour
5-33 of compensatory time off for each hour of time that exceeds 40
5-34 hours under Subsection (b) accrued.
5-35 (d) In accordance with 29 C.F.R. Section 541.118 and subject
5-36 to that section's exceptions as described by this section, an
5-37 employee who is exempt as an executive, professional, or
5-38 administrative employee under 29 U.S.C. Section 213(a)(1) is
5-39 entitled to receive full salary for any week in which the employee
5-40 performs work without regard to the number of days and hours
5-41 worked. This is also subject to the general rule that an employee
5-42 need not be paid for any workweek in which the employee performs no
5-43 work.
5-44 (e) A deduction may be made from the salary of an employee
5-45 who is exempt as an executive, professional, or administrative
5-46 employee under 29 U.S.C. Section 213(a)(1) if:
5-47 (1) the employee is not at work for a full day or
5-48 longer for personal reasons other than sickness, accident, jury
5-49 duty, attendance as a witness at a judicial proceeding, or
5-50 temporary military leave;
5-51 (2) the employee is not at work for a full day or
5-52 longer because of sickness or disability, including sickness or
5-53 disability covered by workers' compensation benefits, and the
5-54 employee's paid sick leave or workers' compensation benefits have
5-55 been exhausted;
5-56 (3) the deduction is a penalty imposed for a violation
5-57 of a significant safety rule relating to prevention of serious
5-58 danger in the workplace to other persons, including other
5-59 employees; or
5-60 (4) in accordance with the special provisions
5-61 applicable to executive, professional, or administrative employees
5-62 of public agencies set forth in 29 C.F.R. Section 541.5d, the
5-63 employee is not at work for less than one day for personal reasons
5-64 or because of illness or injury and accrued leave is not used by
5-65 the employee because:
5-66 (A) permission to use accrued leave was not
5-67 sought or was denied;
5-68 (B) accrued leave has been exhausted; or
5-69 (C) the employee chooses to use leave without
6-1 pay.
6-2 (f) In accordance with 29 C.F.R. Section 541.5d, a deduction
6-3 from the pay of an executive, professional, or administrative
6-4 employee because of an absence from work caused by a furlough
6-5 related to the budget does not affect the employee's status as an
6-6 employee paid on a salary basis, except for any workweek in which
6-7 the furlough occurs and for which the employee's pay is accordingly
6-8 reduced.
6-9 (g) If a deduction is made from an employee's salary in
6-10 violation of United States Department of Labor regulations, the
6-11 employee is entitled to reimbursement of the amount that should not
6-12 have been deducted.
6-13 (h) An employee who is not subject to the federal Fair Labor
6-14 Standards Act of 1938 under 29 U.S.C. Section 203(e)(2)(C) because
6-15 the employee is a staff member, appointee, or immediate adviser of
6-16 an elected officeholder may be allowed compensatory time off under
6-17 the terms and conditions determined by the officeholder.
6-18 (i) An employee covered by this section may not be paid for
6-19 any unused compensatory time.
6-20 Sec. 659.017. OVERTIME COMPENSATION FOR LEGISLATIVE
6-21 EMPLOYEES. Consistent with the requirements of the federal Fair
6-22 Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
6-23 overtime pay and compensatory time off for employees of the
6-24 legislative branch, including employees of the lieutenant governor,
6-25 are determined:
6-26 (1) for employees of the house of representatives or
6-27 the senate, by the presiding officer of the appropriate house of
6-28 the legislature;
6-29 (2) for employees of an elected officeholder, by the
6-30 employing officeholder; and
6-31 (3) for employees of a legislative agency, by the
6-32 administrative head of the agency.
6-33 Sec. 659.018. COMPENSATORY TIME: PLACE WHERE WORK
6-34 PERFORMED. Except under circumstances specified in the General
6-35 Appropriations Act, an employee of a state agency as defined by
6-36 Section 658.001 may not, for hours worked during any calendar week,
6-37 accumulate compensatory time off under Section 659.015(f) or
6-38 659.016 to the extent that the hours are attributable to work
6-39 performed at a location other than the employee's regular or
6-40 temporarily assigned place of employment. The employee's personal
6-41 residence may not be considered the employee's regular or
6-42 temporarily assigned place of employment for purposes of this
6-43 section without prior written authorization from the administrative
6-44 head of the employing state agency.
6-45 Sec. 659.019. PART-TIME AND HOURLY EMPLOYMENT. (a) In
6-46 computing the salary of a part-time or hourly employee, the rate of
6-47 pay must be proportional to the rate authorized by the General
6-48 Appropriations Act for full-time employment in the same classified
6-49 position, or if the position is not under the state's position
6-50 classification plan, for full-time employment in the applicable
6-51 exempt position.
6-52 (b) A part-time employee is subject to Subchapter K and to
6-53 the leave without pay provisions of Section 659.085.
6-54 (c) The comptroller may adopt rules to determine the hourly
6-55 rate of an employee paid on an hourly basis.
6-56 Sec. 659.020. SALARY SUPPLEMENTATION. A state employee
6-57 employed by a state agency as defined by Section 658.001 whose
6-58 position is classified under Chapter 654 or whose exempt position
6-59 is funded by the General Appropriations Act may not receive a
6-60 salary supplement from any source unless a specific grant of
6-61 authority to do so is provided by the General Appropriations Act or
6-62 other law.
6-63 Sec. 659.021. ADMINISTRATIVE HEAD OF AGENCY. The
6-64 administrative head of a state agency as defined by Section 658.001
6-65 whose salary as administrative head is established by the General
6-66 Appropriations Act may not receive a salary higher than that
6-67 established salary, even if the administrative head performs duties
6-68 assigned to a position title classified in the state's position
6-69 classification plan that is assigned to a salary group that would
7-1 pay a higher salary, unless the General Appropriations Act
7-2 specifically provides that a higher salary may be received.
7-3 SECTION 13. Section 659.081, Government Code, is amended to
7-4 read as follows:
7-5 Sec. 659.081. PAYMENT ONCE A MONTH. Except as provided by
7-6 this subchapter or the General Appropriations Act, annual salaries
7-7 for state officers and employees shall be paid once a month.
7-8 SECTION 14. Section 659.082, Government Code, is amended to
7-9 read as follows:
7-10 Sec. 659.082. Payment Twice a Month. An employee is
7-11 entitled to be paid employment compensation twice a month if:
7-12 (1) the employee is employed by:
7-13 (A) the Texas Department of Mental Health and
7-14 Mental Retardation;
7-15 (B) the Texas Department of Transportation;
7-16 (C) the Texas Department of Human Services;
7-17 (D) the Texas Workforce Commission;
7-18 (E) the Department of Public Safety; or
7-19 (F) any other state agency designated by the
7-20 comptroller;
7-21 (2) the employee holds a classified position under the
7-22 state's position classification plan;
7-23 (3) the employee's position is classified below salary
7-24 group 12 under a [the] classification salary schedule in the
7-25 General Appropriations Act in which salary groups are divided into
7-26 steps;
7-27 (4) the employing state agency satisfies the
7-28 comptroller's requirements relating to the payment of compensation
7-29 twice a month; and
7-30 (5) at least 30 percent of the eligible employees of
7-31 the agency choose to be paid twice a month.
7-32 SECTION 15. Subchapter F, Chapter 659, Government Code, is
7-33 amended by adding Section 659.085 to read as follows:
7-34 Sec. 659.085. DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;
7-35 PROPORTIONATE REQUIREMENT FOR PART-TIME PAY. (a) The amount of
7-36 monthly salary for an annual employee who maintains a 40-hour
7-37 workweek and is covered under Chapter 658 is computed by dividing
7-38 the annual salary for the person's position set in or in accordance
7-39 with the General Appropriations Act by 12. If the annual salary is
7-40 not evenly divisible by 12, the resulting monthly salary multiplied
7-41 by 12 may not exceed the annual salary for the person's position
7-42 set in or in accordance with the General Appropriations Act.
7-43 (b) For purposes of partial payment or other applicable
7-44 situations, an employee's equivalent hourly rate of pay for a given
7-45 month is computed by dividing the employee's monthly salary by the
7-46 number of working hours in the month. This subsection applies only
7-47 to full-time employees described by Subsection (a) and to part-time
7-48 salaried employees.
7-49 (c) When an employee is on leave without pay, compensation
7-50 for the pay period will be reduced by an amount computed by
7-51 multiplying the employee's equivalent hourly rate of pay times the
7-52 number of hours the employee was on leave without pay.
7-53 (d) An agency that may contract with its employees for
7-54 employment for less than a 12-month period may make equal monthly
7-55 salary payments under the contract during the contract period or
7-56 during the fiscal year.
7-57 SECTION 16. Chapter 659, Government Code, is amended by
7-58 adding Subchapter K to read as follows:
7-59 SUBCHAPTER K. PROMOTIONS, RECLASSIFICATIONS, AND OTHER
7-60 ADJUSTMENTS TO SALARY
7-61 Sec. 659.251. APPLICABILITY. (a) This subchapter applies
7-62 only to a state employee employed in the executive or judicial
7-63 branch of state government.
7-64 (b) The policies for promotions, demotions, and other
7-65 adjustments to salary for employees of the legislative branch,
7-66 including employees of the lieutenant governor, are determined as
7-67 follows:
7-68 (1) for employees of either house of the legislature,
7-69 a member of the legislature, or the lieutenant governor, by the
8-1 presiding officer of the appropriate house of the legislature; and
8-2 (2) for employees of a legislative agency, by the
8-3 administrative head of the agency.
8-4 Sec. 659.252. DEFINITION. In this subchapter, "state
8-5 agency" means the state department, institution, entity, or other
8-6 agency in the executive or judicial branch of state government that
8-7 employs a state employee.
8-8 Sec. 659.253. TRANSFER WITHIN AGENCY FROM EXEMPT TO
8-9 CLASSIFIED POSITION. A state employee who moves within a state
8-10 agency from a position exempt from the state's position
8-11 classification plan to a classified position will receive an annual
8-12 salary in the proper salary group not to exceed:
8-13 (1) the rate for the salary step equal to the
8-14 employee's current exempt salary or the rate for the next higher
8-15 salary step, if moving to a position in a salary group that is
8-16 divided into steps; or
8-17 (2) the employee's current exempt salary or the
8-18 maximum rate of the new salary group, whichever is lower, if moving
8-19 to a position in a salary group that is not divided into steps.
8-20 Sec. 659.254. CLASSIFIED POSITION REALLOCATED OR
8-21 RECLASSIFIED TO DIFFERENT SALARY GROUP. (a) This section applies
8-22 only to positions classified under the state's position
8-23 classification plan.
8-24 (b) In this section:
8-25 (1) "higher salary group" means a salary group with a
8-26 higher minimum salary rate; and
8-27 (2) "lower salary group" means a salary group with a
8-28 lower minimum salary rate.
8-29 (c) An employee whose classified position is reallocated by
8-30 the General Appropriations Act or reclassified under Chapter 654 to
8-31 a higher salary group will be paid at the minimum salary rate in
8-32 the higher salary group or at the salary rate the employee would
8-33 have received without the reallocation or reclassification,
8-34 whichever rate is higher, except:
8-35 (1) to maintain desirable salary relationships among
8-36 employees in the affected positions, the salary may be adjusted not
8-37 more than:
8-38 (A) two steps higher, if the employee's salary
8-39 group is divided into steps by the General Appropriations Act; or
8-40 (B) 6.8 percent higher, if the employee's salary
8-41 group is not divided into steps by the General Appropriations Act;
8-42 and
8-43 (2) the employee may not advance to a step number in
8-44 the new salary group higher than the step number rate held before
8-45 the reallocation or reclassification, if the employee's salary
8-46 group is divided into steps by the General Appropriations Act.
8-47 (d) An employee whose classified position is reallocated by
8-48 the General Appropriations Act or reclassified under Chapter 654 to
8-49 a lower salary group will be paid at the salary rate that the
8-50 employee would have received had the position not been reallocated
8-51 or reclassified, not to exceed the maximum rate of the lower salary
8-52 group.
8-53 Sec. 659.255. MERIT RAISES. (a) This section applies only
8-54 to positions classified under the state's position classification
8-55 plan.
8-56 (b) A state agency administrator may award a merit salary
8-57 increase to an employee whose job performance and productivity is
8-58 consistently above that normally expected or required.
8-59 (c) If the employee's salary group is divided into steps, a
8-60 merit increase involves an increase in the employee's salary to a
8-61 higher step rate in the same salary group. If the employee's
8-62 salary group is not divided into steps by the General
8-63 Appropriations Act, a merit increase involves an increase in an
8-64 employee's salary to a higher rate within the range of the same
8-65 salary group.
8-66 (d) An employee may be awarded a merit salary increase only
8-67 if:
8-68 (1) the employee has been continuously employed by the
8-69 state agency for at least the six months preceding the award;
9-1 (2) the state agency has not promoted, demoted, or
9-2 awarded a merit salary increase to the employee during the
9-3 preceding number of months prescribed for this purpose by the
9-4 General Appropriations Act; and
9-5 (3) the state agency has adopted specific criteria for
9-6 awarding merit salary increases and requires documentation to
9-7 substantiate the award of a merit salary increase.
9-8 (e) The comptroller shall prescribe accounting and reporting
9-9 procedures as necessary to ensure that information reflecting each
9-10 state agency's use of merit salary increases is available.
9-11 (f) A state agency that awards merit salary increases should
9-12 apply merit salary increases throughout the range of classified
9-13 salary groups used by the agency.
9-14 Sec. 659.256. PROMOTIONS. (a) This section applies only to
9-15 positions classified under the state's position classification
9-16 plan.
9-17 (b) A promotion is an employee's change in duty assignment
9-18 within a state agency from one classified position to another
9-19 classified position that:
9-20 (1) is in a salary group with a higher minimum salary
9-21 rate;
9-22 (2) requires higher qualifications, such as greater
9-23 skill or longer experience; and
9-24 (3) involves a higher level of responsibility.
9-25 (c) The promoted employee will be paid at a salary rate that
9-26 is at least the equivalent of one step higher, if the employee's
9-27 salary group is divided into steps by the General Appropriations
9-28 Act, or at least 3.4 percent higher, if the employee's salary group
9-29 is not divided into steps by the General Appropriations Act, than
9-30 the employee's salary rate before promotion, or that is the minimum
9-31 rate of the new salary group, whichever is higher. The state
9-32 agency administrator may set the employee's annual rate at a higher
9-33 rate not to exceed the maximum rate of the new salary group.
9-34 Sec. 659.257. DEMOTIONS. (a) This section applies only to
9-35 positions classified under the state's position classification
9-36 plan.
9-37 (b) A demotion is an employee's change in duty assignment
9-38 within a state agency from one classified position to another
9-39 classified position that is in a salary group with a lower minimum
9-40 salary rate.
9-41 (c) The demoted employee will be paid at a salary rate that
9-42 is at least the equivalent of one step lower, if the employee's
9-43 salary group is divided into steps by the General Appropriations
9-44 Act, or at least 3.4 percent lower, if the employee's salary group
9-45 is not divided into steps by the General Appropriations Act, than
9-46 the employee's salary rate before demotion, except that a state
9-47 agency is not required to reduce the employee's salary if:
9-48 (1) the employee accepts a position in another
9-49 classification in a salary group with a lower minimum salary rate
9-50 in lieu of a layoff under a reduction in force; or
9-51 (2) the employee applied for and is selected for
9-52 another position in a classification in a salary group with a lower
9-53 minimum salary rate.
9-54 Sec. 659.258. SALARY REDUCTION FOR DISCIPLINARY REASONS.
9-55 (a) This section applies only to positions classified under the
9-56 state's position classification plan.
9-57 (b) The administrative head of a state agency may reduce an
9-58 employee's salary for disciplinary reasons, if warranted by the
9-59 employee's performance, to a rate in the employee's designated
9-60 salary group not lower than the minimum rate. The agency may, as
9-61 the employee's performance improves, restore the employee's pay to
9-62 any rate that does not exceed the employee's prior salary rate
9-63 without accounting for the restoration as a merit salary increase.
9-64 Sec. 659.259. SALARY LIMITED TO MAXIMUM GROUP RATE.
9-65 (a) This section applies only to positions classified under the
9-66 state's position classification plan.
9-67 (b) A salary adjustment authorized by this subchapter may
9-68 not result in an employee's receiving an annual salary that exceeds
9-69 the maximum rate of the salary group to which the employee's
10-1 position is allocated.
10-2 Sec. 659.260. TEMPORARY ASSIGNMENT. (a) This section
10-3 applies only to an employee whose permanent position is classified
10-4 under the state's position classification plan.
10-5 (b) To facilitate a state agency's work during an emergency
10-6 or other special circumstance, an employee may:
10-7 (1) be temporarily assigned to other duties for a
10-8 period not to exceed six months; and
10-9 (2) receive during the period of reassignment the
10-10 appropriate rate of pay for the temporary position if the temporary
10-11 position is classified in a salary group with a higher minimum
10-12 salary rate.
10-13 (c) An employee may not be assigned temporary duties under
10-14 this section for more than six months during a twelve-month period.
10-15 (d) An employee temporarily designated to act as the
10-16 administrative head of a state agency may continue to receive a
10-17 salary for a classified position in an amount not to exceed the
10-18 amount established by the General Appropriations Act for the
10-19 administrative head of the agency.
10-20 (e) While the employee is temporarily assigned under this
10-21 section, the state agency may not:
10-22 (1) award a merit salary increase to the employee;
10-23 (2) promote or demote the employee; or
10-24 (3) reduce the employee's salary.
10-25 Sec. 659.261. SALARY CAP. (a) The maximum amount a state
10-26 agency spends for merit salary increases in and promotions to
10-27 classified positions during a fiscal year may not exceed, without
10-28 the written approval of the budget division of the governor's
10-29 office and the Legislative Budget Board, the amount computed by
10-30 multiplying the total amount spent by the agency in the preceding
10-31 fiscal year for classified salaries times the percentage set by the
10-32 General Appropriations Act for purposes of this computation.
10-33 (b) The maximum amount that may be spent for merit salary
10-34 increases in and promotions to classified positions shall be
10-35 computed separately for each year of the state fiscal biennium.
10-36 Merit salary increases and promotions awarded in the first fiscal
10-37 year of a biennium do not count against the maximum amount that may
10-38 be spent for those increases in the second fiscal year of that
10-39 biennium.
10-40 (c) Money spent to pay a salary increase for an employee who
10-41 is promoted to a classified position title counts against the
10-42 limitation prescribed by this section only if, as a result of the
10-43 promotion, the number of agency employees in that position title
10-44 exceeds the maximum number of agency employees who have been in
10-45 that position title at any time during the preceding six-month
10-46 period.
10-47 (d) A request to exceed the limitation prescribed by this
10-48 section must be submitted by the governing body of the agency, or
10-49 by the head of the agency if the agency is not governed by a
10-50 multimember governing body, and must include at least:
10-51 (1) the date on which the governing body or the head
10-52 of the agency approved the request;
10-53 (2) a statement justifying the need to exceed the
10-54 limitation; and
10-55 (3) the source of funds to be used to pay the salary
10-56 increases.
10-57 (e) The comptroller shall prescribe accounting and reporting
10-58 procedures necessary to ensure that the amount spent for merit
10-59 salary increases and promotions does not exceed the limitations
10-60 established by this section.
10-61 SECTION 17. Subsection (c), Section 661.033, Government
10-62 Code, is amended to read as follows:
10-63 (c) Payment under this section may not be for more than:
10-64 (1) all of the state employee's accumulated vacation
10-65 leave; and
10-66 (2) one-half of the state employee's accumulated sick
10-67 leave or 336 hours of sick leave, whichever is less.
10-68 SECTION 18. Section 661.062, Government Code, is amended by
10-69 amending Subsections (a) and (b) and adding Subsection (f) to read
11-1 as follows:
11-2 (a) A state employee who, at any time during the employee's
11-3 lifetime, has accrued six months of continuous state employment and
11-4 who resigns, is dismissed, or otherwise [for any reason] separates
11-5 from state employment is entitled to be paid for the accrued
11-6 balance of the employee's vacation time as of the date of
11-7 separation, if the individual is not reemployed by the state in a
11-8 position under which the employee accrues vacation leave during the
11-9 30-day period immediately following the date of separation from
11-10 state employment.
11-11 (b) A separation from state employment includes a separation
11-12 in which the employee:
11-13 (1) leaves one state agency to begin working for
11-14 another state agency, if one or more workdays occur between the two
11-15 employments and the individual is not reemployed by the state in a
11-16 position under which the employee accrues vacation leave during the
11-17 30-day period immediately following the date of separation from
11-18 state employment;
11-19 (2) moves from a position in a state agency that
11-20 accrues vacation time to a position in that agency that does not
11-21 accrue vacation time, if the agency agrees to pay the employee for
11-22 the accrued balance of the employee's vacation time;
11-23 (3) moves from a position in a state agency that
11-24 accrues vacation time to a position in another state agency that
11-25 does not accrue vacation time, if the other state agency refuses to
11-26 credit the employee for the balance of the employee's vacation time
11-27 as of the date of the move;
11-28 (4) moves from a position in a state agency that does
11-29 not accrue vacation time to a position in another state agency that
11-30 does not accrue vacation time, if the other state agency is not
11-31 authorized or refuses to credit the employee for the balance of the
11-32 employee's vacation time as of the date of the move; or
11-33 (5) holds two or more positions, and separates from
11-34 one that accrues vacation time.
11-35 (f) Payment for accrued vacation leave for employees of the
11-36 legislative branch, including employees of the lieutenant governor,
11-37 is determined as follows:
11-38 (1) for employees of either house of the legislature,
11-39 a member of the legislature, or the lieutenant governor, by the
11-40 presiding officer of the appropriate house of the legislature; and
11-41 (2) for employees of a legislative agency, by the
11-42 administrative head of the agency.
11-43 SECTION 19. Chapter 661, Government Code, is amended by
11-44 amending Subchapter F and adding Subchapters G and Z to read as
11-45 follows:
11-46 SUBCHAPTER F. GENERAL PROVISIONS FOR VACATION [OTHER CATEGORIES
11-47 OF] LEAVE FOR STATE EMPLOYEES
11-48 Sec. 661.151. STATE AUDITOR INTERPRETATION. (a) The state
11-49 auditor shall provide a uniform interpretation of this subchapter
11-50 and Subchapters G and Z.
11-51 (b) The state auditor shall report to the governor and the
11-52 legislature any state agency or institution of higher education
11-53 that practices exceptions to those laws.
11-54 Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. (a) A
11-55 state employee is entitled to a vacation in each fiscal year
11-56 without a deduction in salary, except for a state employee who is:
11-57 (1) an employee of an institution of higher education
11-58 as defined by Section 61.003, Education Code, who:
11-59 (A) is not employed to work at least 20 hours
11-60 per week for a period of at least four and one-half months; or
11-61 (B) is employed in a position for which the
11-62 employee is required to be a student as a condition of the
11-63 employment;
11-64 (2) a faculty member employed for a period of fewer
11-65 than 12 months by an institution of higher education as defined by
11-66 Section 61.003, Education Code; or
11-67 (3) an instructional employee employed for a period of
11-68 fewer than 12 months by the Texas School for the Blind and Visually
11-69 Impaired or the Texas School for the Deaf.
12-1 (b) The amount of vacation accrues and may be taken in
12-2 accordance with this subchapter.
12-3 (c) A part-time employee accrues vacation leave on a
12-4 proportionate basis. The maximum amount of vacation leave a
12-5 part-time employee may carry forward from one fiscal year to the
12-6 next is also on a proportionate basis.
12-7 (d) An employee accrues vacation leave and may carry
12-8 vacation leave forward from one fiscal year to the next in
12-9 accordance with the following schedule:
12-10 Maximum Hours
12-11 Carried Forward
12-12 Hours Accrued From One Fiscal
12-13 Per Month for Year to the Next
12-14 Employees With Total Full-time for a Full-time
12-15 State Employment of: Employment Employee
12-16 less than 2 years 7 168
12-17 at least 2 but less than 5 years 8 232
12-18 at least 5 but less than 10 years 9 256
12-19 at least 10 but less than 15 years 10 280
12-20 at least 15 but less than 20 years 12 328
12-21 at least 20 years or more 14 376
12-22 (e) An employee accrues vacation leave at the applicable
12-23 rate beginning on the first day of state employment and ending on
12-24 the last day of state employment. An employee accrues and is
12-25 entitled to be credited for one month's vacation leave for each
12-26 month of employment with the state beginning on the first day of
12-27 employment with the state and on the first calendar day of each
12-28 succeeding month of state employment. An employee who is employed
12-29 by the state during any part of a calendar month accrues vacation
12-30 leave entitlement for the entire calendar month.
12-31 (f) An employee may not take vacation leave until the
12-32 employee has six months of continuous employment with the state,
12-33 although the employee accrues vacation leave during that period.
12-34 (g) If an employee's state employment anniversary date
12-35 occurs on the first calendar day of a month, the employee begins to
12-36 accrue vacation leave at a higher rate in accordance with
12-37 Subsection (d) on the first calendar day of the appropriate month.
12-38 Otherwise, the employee begins to accrue vacation leave at the
12-39 higher rate on the first calendar day of the month following the
12-40 anniversary date. An employee who begins working on the first
12-41 workday of a month in a position that accrues vacation leave is
12-42 considered to have begun working on the first calendar day of the
12-43 month for purposes of this subsection.
12-44 (h) An employee is entitled to carry forward from one fiscal
12-45 year to the next the net balance of unused accumulated vacation
12-46 leave that does not exceed the maximum number of hours allowed
12-47 under Subsection (d). All hours of unused accumulated vacation
12-48 leave that may not be carried forward at the end of a fiscal year
12-49 under this subsection and Subsection (d) shall be credited to the
12-50 employee's sick leave balance on the first day of the next fiscal
12-51 year.
12-52 (i) In computing the amount of vacation leave taken, time
12-53 during which an employee is excused from work because of a holiday
12-54 is not charged against the employee's vacation leave.
12-55 (j) An employee who is on paid leave on the first workday of
12-56 a month may not take vacation leave accrued for that month until
12-57 the employee has returned to duty.
12-58 (k) An individual who is reemployed by any state agency in a
12-59 position under which the employee accrues vacation leave within 30
12-60 days after the individual's date of separation from state
12-61 employment is entitled to reinstatement of the unused balance of
12-62 the employee's previously accrued vacation leave.
12-63 Sec. 661.153. TRANSFER OF VACATION LEAVE BALANCE. A state
12-64 employee who transfers directly from one state agency to another is
12-65 entitled to credit by the agency to which the employee transfers
12-66 for the unused balance of the employee's accumulated vacation
12-67 leave, if the employee's employment with the state is uninterrupted
12-68 and if the employee is not paid for the leave under Section
12-69 661.062.
13-1 Sec. 661.154. VACATION LEAVE FOR LEGISLATIVE EMPLOYEES.
13-2 Vacation leave for employees of the legislative branch, including
13-3 employees of the lieutenant governor, is determined as follows:
13-4 (1) for employees of either house of the legislature,
13-5 a member of the legislature, or the lieutenant governor, by the
13-6 presiding officer of the appropriate house of the legislature; and
13-7 (2) for employees of a legislative agency, by the
13-8 administrative head of the agency.
13-9 (Sections 661.155 to 661.200 reserved for expansion
13-10 SUBCHAPTER G. GENERAL PROVISIONS FOR SICK LEAVE FOR STATE
13-11 EMPLOYEES
13-12 Sec. 661.201. APPLICABILITY. (a) Sick leave for employees
13-13 of the legislative branch, including employees of the lieutenant
13-14 governor, is determined as follows:
13-15 (1) for employees of either house of the legislature,
13-16 a member of the legislature, or the lieutenant governor, by the
13-17 presiding officer of the appropriate house of the legislature; and
13-18 (2) for employees of a legislative agency, by the
13-19 administrative head of the agency.
13-20 (b) An employee of an institution of higher education as
13-21 defined by Section 61.003, Education Code, is eligible to accrue or
13-22 take paid sick leave under this subchapter only if the employee:
13-23 (1) is employed to work at least 20 hours per week for
13-24 a period of at least four and one-half months; and
13-25 (2) is not employed in a position for which the
13-26 employee is required to be a student as a condition of the
13-27 employment.
13-28 Sec. 661.202. ENTITLEMENT TO SICK LEAVE; GENERAL PROVISIONS
13-29 AND PROCEDURES. (a) A state employee is entitled to sick leave
13-30 without a deduction in salary in accordance with this subchapter.
13-31 (b) An employee accrues sick leave beginning on the first
13-32 day of state employment and ending on the last day of state
13-33 employment. An employee is entitled to be credited for one month's
13-34 accrual of sick leave at the rate specified by Subsection (c) for
13-35 each month of employment with the state beginning on the first day
13-36 of employment with the state and on the first calendar day of each
13-37 succeeding month of state employment.
13-38 (c) Sick leave entitlement for a full-time employee accrues
13-39 at the rate of eight hours for each month of state employment. A
13-40 part-time employee accrues sick leave on a proportionate basis. An
13-41 employee who is employed by the state during any part of a calendar
13-42 month accrues sick leave entitlement for the entire calendar month.
13-43 Sick leave accumulates with the unused amount of sick leave carried
13-44 forward each month.
13-45 (d) Sick leave with pay may be taken when sickness, injury,
13-46 or pregnancy and confinement prevent the employee's performance of
13-47 duty or when the employee is needed to care for and assist a member
13-48 of the employee's immediate family who is sick. For purposes of
13-49 taking regular sick leave with pay, the following persons are
13-50 considered to be members of the employee's immediate family:
13-51 (1) an individual who resides in the same household as
13-52 the employee and is related to the employee by kinship, adoption,
13-53 or marriage;
13-54 (2) a foster child of the employee who resides in the
13-55 same household as the employee and who is under the conservatorship
13-56 of the Department of Protective and Regulatory Services; and
13-57 (3) a minor child of the employee, regardless of
13-58 whether the child lives in the same household.
13-59 (e) An employee's use of sick leave to care for and assist
13-60 members of the employee's family who are not described by
13-61 Subsection (d) is strictly limited to the time necessary to provide
13-62 care and assistance to a spouse, adult child, or parent of the
13-63 employee who needs the care and assistance as a direct result of a
13-64 documented medical condition.
13-65 (f) An employee who must be absent from duty because of
13-66 sickness, injury, or pregnancy and confinement shall notify the
13-67 employee's supervisor or have the supervisor notified of that fact
13-68 at the earliest practicable time.
13-69 (g) To be eligible to take accumulated sick leave without a
14-1 deduction in salary during a continuous period of more than three
14-2 working days, an employee absent due to sickness, injury, or
14-3 pregnancy and confinement shall send to the administrative head of
14-4 the employing agency a doctor's certificate showing the cause or
14-5 nature of the condition or another written statement of the facts
14-6 concerning the condition that is acceptable to the administrative
14-7 head. The administrative head of an agency may require a doctor's
14-8 certificate or other written statement of the facts for sick leave
14-9 without a deduction in salary taken during a continuous period of
14-10 three or fewer working days.
14-11 (h) On returning to duty after taking sick leave, the
14-12 employee shall without delay complete the prescribed application
14-13 for sick leave and send the application in the manner prescribed by
14-14 the agency to the appropriate authority for approving the
14-15 application.
14-16 (i) The administrative head of an agency that is in
14-17 compliance with Subsection (j) may authorize an exception to the
14-18 amount of sick leave an employee may take after a review of the
14-19 individual's particular circumstances. A statement of all
14-20 authorized exceptions and the reasons for the exceptions shall be
14-21 attached to the state agency's duplicate payroll voucher for the
14-22 payroll period affected by the authorized exceptions.
14-23 (j) A state agency shall file a written statement with the
14-24 state auditor covering the policies and procedures for an extension
14-25 of leave under Subsection (i) and shall make the statement
14-26 available to all agency employees.
14-27 Sec. 661.203. FACULTY AT INSTITUTIONS OF HIGHER EDUCATION.
14-28 A faculty member at an institution of higher education as defined
14-29 by Section 61.003, Education Code, must submit prescribed leave
14-30 forms for all sick leave the faculty member takes if the absence
14-31 occurs during the normal workday for regular employees, even if no
14-32 classes are missed.
14-33 Sec. 661.204. TRANSFER OF SICK LEAVE BALANCE. A state
14-34 employee who transfers directly from one state agency to another is
14-35 entitled to credit by the agency to which the employee transfers
14-36 for the unused balance of the employee's accumulated sick leave, if
14-37 the employee's employment with the state is uninterrupted.
14-38 Sec. 661.205. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN
14-39 CERTAIN CIRCUMSTANCES. (a) An employee who separates from
14-40 employment with the state under a formal reduction in force is
14-41 entitled to have the employee's sick leave balance restored if the
14-42 employee is reemployed by the state within 12 months after the end
14-43 of the month in which the employee separates from state employment.
14-44 (b) An employee who separates from employment with the state
14-45 for a reason other than that described by Subsection (a) is
14-46 entitled to have the employee's sick leave balance restored if:
14-47 (1) the employee is reemployed by the same state
14-48 agency or institution of higher education within 12 months after
14-49 the end of the month in which the employee separates from state
14-50 employment, but only if there has been a break in employment with
14-51 the state of at least 30 calendar days; or
14-52 (2) the employee is reemployed by a different state
14-53 agency or institution of higher education within 12 months after
14-54 the end of the month in which the employee separates from state
14-55 employment.
14-56 Sec. 661.206. PARENT-TEACHER CONFERENCE: USE OF SICK LEAVE.
14-57 (a) This section applies to an employee who is a parent of a child
14-58 who is a student attending a grade from prekindergarten through
14-59 12th grade.
14-60 (b) An employee may use up to eight hours of sick leave each
14-61 calendar year to attend parent-teacher conference sessions for the
14-62 employee's children.
14-63 (c) An employee shall give reasonable advance notice of the
14-64 employee's intention to use the sick leave to attend a
14-65 parent-teacher conference.
14-66 (d) In this section:
14-67 (1) "Employee" has the meaning assigned by Section
14-68 661.001.
14-69 (2) "Parent" means a person standing in parental
15-1 relation.
15-2 (Sections 661.207 to 661.900 reserved for expansion
15-3 SUBCHAPTER Z. MISCELLANEOUS LEAVE PROVISIONS FOR STATE EMPLOYEES
15-4 Sec. 661.901. APPLICABILITY. (a) This subchapter applies
15-5 only to a state employee employed in the executive or judicial
15-6 branch of state government.
15-7 (b) The leave policies for employees of the legislative
15-8 branch, including employees of the lieutenant governor, are
15-9 determined as follows:
15-10 (1) for employees of either house of the legislature,
15-11 a member of the legislature, or the lieutenant governor, by the
15-12 presiding officer of the appropriate house of the legislature; and
15-13 (2) for employees of a legislative agency, by the
15-14 administrative head of the agency.
15-15 (c) An employee of an institution of higher education as
15-16 defined by Section 61.003, Education Code, is eligible to accrue or
15-17 take paid leave under this subchapter only if the employee:
15-18 (1) is employed to work at least 20 hours per week for
15-19 a period of at least four and one-half months; and
15-20 (2) is not employed in a position for which the
15-21 employee is required to be a student as a condition of the
15-22 employment.
15-23 Sec. 661.902. EMERGENCY LEAVE. (a) A state employee is
15-24 entitled to emergency leave without a deduction in salary because
15-25 of a death in the employee's family. The death of the employee's
15-26 spouse or of a parent, brother, sister, grandparent, grandchild, or
15-27 child of the employee or of the employee's spouse is considered to
15-28 be a death in the employee's family for purposes of this
15-29 subsection.
15-30 (b) The administrative head of an agency may determine that
15-31 a reason other than that described by Subsection (a) is sufficient
15-32 for granting emergency leave and shall grant an emergency leave to
15-33 an employee who the administrative head determines has shown good
15-34 cause for taking emergency leave.
15-35 Sec. 661.903. NATIONAL GUARD EMERGENCY. A state employee
15-36 who is called to active duty as a member of the Texas National
15-37 Guard by the governor because of an emergency is entitled to a
15-38 leave of absence without a deduction in salary in accordance with
15-39 Section 431.0825.
15-40 Sec. 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY.
15-41 (a) An employee called to active duty during a national emergency
15-42 to serve in a reserve component of the armed forces of the United
15-43 States is entitled to an unpaid leave of absence.
15-44 (b) The employee continues to accrue state service credit
15-45 for purposes of longevity pay while on military duty described by
15-46 Subsection (a) but does not accrue vacation or sick leave during
15-47 that time.
15-48 (c) The employee retains any accrued vacation or sick leave
15-49 and is entitled to be credited with those balances on return to
15-50 state employment from military duty described by Subsection (a).
15-51 Sec. 661.905. VOLUNTEER FIREFIGHTERS. (a) A state employee
15-52 who is a volunteer firefighter is entitled to a leave of absence
15-53 without a deduction in salary to attend fire service training
15-54 conducted by a state agency or institution of higher education.
15-55 Leave without a deduction in salary under this subsection may not
15-56 exceed five working days in a fiscal year.
15-57 (b) A state agency or institution of higher education may
15-58 grant leave without a deduction in salary to a volunteer
15-59 firefighter for the purpose of allowing the firefighter to respond
15-60 to emergency fire situations if the agency or institution has an
15-61 established policy for granting that leave.
15-62 Sec. 661.906. FOSTER PARENTS. A state employee who is a
15-63 foster parent to a child under the conservatorship of the
15-64 Department of Protective and Regulatory Services is entitled to a
15-65 leave of absence without a deduction in salary for the purpose of
15-66 attending:
15-67 (1) meetings held by the Department of Protective and
15-68 Regulatory Services regarding the child under the foster care of
15-69 the employee; or
16-1 (2) an admission, review, and dismissal meeting held
16-2 by a school district regarding the child under the foster care of
16-3 the employee.
16-4 Sec. 661.907. RED CROSS DISASTER SERVICE VOLUNTEER. (a) A
16-5 state employee who is a certified disaster service volunteer of the
16-6 American Red Cross or who is in training to become such a volunteer
16-7 may be granted leave not to exceed 10 days each fiscal year to
16-8 participate in specialized disaster relief services for the
16-9 American Red Cross without a deduction in salary or loss of
16-10 vacation time, sick leave, earned overtime credit, or state
16-11 compensatory time if the leave is taken:
16-12 (1) on the request of the American Red Cross;
16-13 (2) with the authorization of the employee's
16-14 supervisor; and
16-15 (3) with the approval of the governor.
16-16 (b) The number of certified disaster service volunteers who
16-17 are eligible for leave under this section may not exceed 350 state
16-18 employees at any one time during a fiscal year. The division of
16-19 emergency management in the governor's office shall coordinate the
16-20 establishment and maintenance of the list of eligible employees.
16-21 (c) Not later than the 60th day after the date the American
16-22 Red Cross makes a request under Subsection (a)(1), the American Red
16-23 Cross shall prepare a report for the Legislative Budget Board
16-24 stating the reasons for the request.
16-25 Sec. 661.908. LEAVE RECORDS; TIME AND ATTENDANCE RECORDS.
16-26 The administrative head or governing body of each state agency
16-27 shall require for each employee:
16-28 (1) time and attendance records;
16-29 (2) a record of the accrual and taking of vacation and
16-30 sick leave;
16-31 (3) a record of the reason an employee takes leave if
16-32 other law requires the employee to inform the agency of the reason;
16-33 and
16-34 (4) a record that shows whether any leave taken is
16-35 accounted for as sick leave, vacation leave, other paid leave,
16-36 leave without pay, or other absence.
16-37 Sec. 661.909. LEAVE WITHOUT PAY; LEAVE OF ABSENCE. (a) A
16-38 state agency or institution of higher education may grant employees
16-39 leave without pay, including a leave of absence without pay, in
16-40 accordance with this section.
16-41 (b) The duration of the leave may not exceed 12 months.
16-42 (c) Except for disciplinary suspensions, active military
16-43 duty, and leave covered by workers' compensation benefits, all
16-44 accumulated paid leave entitlements must be used before going on
16-45 leave without pay status. Sick leave must first be used only if
16-46 the employee is taking leave for a reason for which the employee is
16-47 eligible to take sick leave under Subchapter G.
16-48 (d) Subject to fiscal constraints, approval of the leave
16-49 constitutes a guarantee of reemployment at the conclusion of the
16-50 specified leave period.
16-51 (e) The administrative head of a state agency or institution
16-52 of higher education may grant exceptions to the limitations of this
16-53 section if the employee is taking the leave for a reason such as:
16-54 (1) to work for another state governmental entity
16-55 under an interagency agreement; or
16-56 (2) educational purposes.
16-57 (f) Except for an employee who returns to state employment
16-58 from military leave without pay under Section 661.904, a full
16-59 calendar month during which an employee is on leave without pay is
16-60 not counted in computing:
16-61 (1) total state service for purposes related to
16-62 longevity pay or to the rate of accrual of vacation leave; or
16-63 (2) continuous state service for purposes related to
16-64 merit salary provisions or vacation leave.
16-65 (g) An employee does not accrue vacation or sick leave for a
16-66 full calendar month during which the employee is on leave without
16-67 pay.
16-68 (h) A full or partial calendar month during which an
16-69 employee is on leave without pay does not constitute a break in
17-1 continuity of employment.
17-2 Sec. 661.910. ASSISTANCE DOG TRAINING FOR EMPLOYEES WITH A
17-3 DISABILITY. (a) A state employee who is a person with a
17-4 disability, as defined by Section 121.002, Human Resources Code, is
17-5 entitled to a leave of absence without a deduction in salary for
17-6 the purpose of attending a training program to acquaint the
17-7 employee with an assistance dog to be used by the employee.
17-8 (b) The leave of absence provided by this section may not
17-9 exceed 10 working days in a fiscal year.
17-10 Sec. 661.911. ADMINISTRATIVE LEAVE WITH PAY. (a) In
17-11 addition to employee leave authorized elsewhere in this chapter,
17-12 the administrative head of an agency may grant administrative leave
17-13 without a deduction in salary to an employee as a reward for
17-14 outstanding performance as documented by employee performance
17-15 appraisals.
17-16 (b) The total amount of administrative leave an employee may
17-17 be granted under this section may not exceed 32 hours during a
17-18 fiscal year.
17-19 Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) To the
17-20 extent required by federal law, a state employee who has a total of
17-21 at least 12 months of state service and who has worked at least
17-22 1,250 hours during the 12-month period preceding the beginning of
17-23 leave under this section is entitled to leave under the federal
17-24 Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
17-25 seq.).
17-26 (b) The employee must first use all available and applicable
17-27 paid vacation and sick leave while taking leave under this section,
17-28 except that an employee who is receiving temporary disability
17-29 benefits or workers' compensation benefits is not required to first
17-30 use applicable paid vacation or sick leave while receiving those
17-31 benefits.
17-32 Sec. 661.913. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. (a) A
17-33 state employee who has been employed for fewer than 12 months by
17-34 the state or who worked fewer than 1,250 hours during the 12-month
17-35 period preceding the beginning of leave under this section is
17-36 eligible to take a parental leave of absence not to exceed 12 weeks
17-37 in accordance with this section.
17-38 (b) The employee must first use all available and applicable
17-39 paid vacation and sick leave while taking the leave, and the
17-40 remainder of the leave is unpaid.
17-41 (c) The leave authorized by this section is limited to, and
17-42 begins on the date of, the birth of a natural child of the employee
17-43 or the adoption by or foster care placement with the employee of a
17-44 child younger than three years of age.
17-45 Sec. 661.914. VOTING BY STATE EMPLOYEES. A state agency
17-46 shall allow each agency employee sufficient time off, without a
17-47 deduction in salary or accrued leave, to vote in each national,
17-48 state, or local election.
17-49 SECTION 20. Subsection (b), Section 662.003, Government
17-50 Code, is amended to read as follows:
17-51 (b) A state holiday includes only the following days:
17-52 (1) the 19th day of January, "Confederate Heroes Day,"
17-53 in honor of Jefferson Davis, Robert E. Lee, and other Confederate
17-54 heroes;
17-55 (2) the second day of March, "Texas Independence Day";
17-56 (3) the 21st day of April, "San Jacinto Day";
17-57 (4) the 19th day of June, "Emancipation Day in Texas,"
17-58 in honor of the emancipation of the slaves in Texas in 1865;
17-59 (5) the 27th day of August, "Lyndon Baines Johnson
17-60 Day," in observance of the birthday of Lyndon Baines Johnson;
17-61 (6) [every day on which an election is held throughout
17-62 the state;]
17-63 [(7)] the Friday after Thanksgiving Day;
17-64 (7) [(8)] the 24th day of December; and
17-65 (8) [(9)] the 26th day of December.
17-66 SECTION 21. Subsection (a), Section 662.004, Government
17-67 Code, is amended to read as follows:
17-68 (a) A state agency and an institution of higher education as
17-69 defined by Section 61.003, Education Code, shall have enough
18-1 employees on duty during a state holiday to conduct the public
18-2 business of the agency or institution.
18-3 SECTION 22. Section 662.007, Government Code, is amended by
18-4 adding Subsection (c) to read as follows:
18-5 (c) An institution of higher education as defined by Section
18-6 61.003, Education Code, may allow an employee who is required to
18-7 work on a national or state holiday that does not fall on a
18-8 Saturday or Sunday to take compensatory time off in accordance with
18-9 this section or may instead pay the employee at the employee's
18-10 regular rate of pay for that time if the institution determines
18-11 that allowing compensatory time off would disrupt normal teaching,
18-12 research, or other critical functions.
18-13 SECTION 23. Subchapter A, Chapter 662, Government Code, is
18-14 amended by adding Section 662.0072 to read as follows:
18-15 Sec. 662.0072. TRANSFERRING EMPLOYEE: PAYMENT FOR HOLIDAY.
18-16 If a state or national holiday that does not fall on a Saturday or
18-17 Sunday occurs between the dates that a state employee transfers
18-18 from one state agency to another without a break in service, the
18-19 agency to which the employee transfers is responsible for paying
18-20 the employee for the holiday.
18-21 SECTION 24. Section 662.011, Government Code, is amended by
18-22 amending Subsection (a) and adding Subsection (c) to read as
18-23 follows:
18-24 (a) The governing body of an institution of higher
18-25 education, as defined by Section 61.003, Education Code, other than
18-26 a public junior college as defined by that section, may establish
18-27 the holiday schedule for the institution, subject to any applicable
18-28 limitation on the observance of holidays prescribed by the General
18-29 Appropriations Act.
18-30 (c) An employee of the institution is eligible to take paid
18-31 holiday leave only if the employee:
18-32 (1) is scheduled to work at least 20 hours per week
18-33 for a period of at least four and one-half months; and
18-34 (2) is not employed in a position for which the
18-35 employee is required to be a student as a condition of the
18-36 employment.
18-37 SECTION 25. Subtitle B, Title 6, Government Code, is amended
18-38 by adding Chapter 666 to read as follows:
18-39 CHAPTER 666. MULTIPLE EMPLOYMENTS WITH STATE
18-40 Sec. 666.001. GENERAL PROVISIONS. (a) This chapter applies
18-41 to a person who is or may become employed by more than one state
18-42 agency or institution of higher education.
18-43 (b) A person who is employed by more than one state agency
18-44 or institution of higher education may not receive benefits from
18-45 the state that exceed the benefits provided for one full-time
18-46 employee.
18-47 (c) The person must be informed of the requirements of this
18-48 chapter before the person is employed by more than one agency or
18-49 institution.
18-50 Sec. 666.002. SEPARATE RECORDS REQUIRED. Separate vacation
18-51 and sick leave records must be maintained for each employment.
18-52 Sec. 666.003. TRANSFER OF LEAVE BALANCES PROHIBITED. If the
18-53 person separates from one employment, the person's leave balances
18-54 that were accrued under that employment may not be transferred to
18-55 the remaining employments.
18-56 Sec. 666.004. ACCRUAL OF STATE SERVICE CREDIT. The person
18-57 accrues state service credit for all purposes as if the person had
18-58 only one employment.
18-59 Sec. 666.005. GROUP INSURANCE CONTRIBUTION. The total state
18-60 contribution toward the person's group insurance is limited to the
18-61 amount specified in the General Appropriations Act for a full-time
18-62 active employee.
18-63 Sec. 666.006. OVERTIME COMPENSATION. (a) Overtime
18-64 compensation accrues for each employment independently of every
18-65 other employment, except as provided by Subsection (b).
18-66 (b) If the person is subject to the overtime provisions of
18-67 the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
18-68 et seq.) in an employment, the employing agencies and institutions
18-69 of higher education shall ensure that the person is compensated for
19-1 all combined time actually worked that exceeds 40 hours per week in
19-2 accordance with the overtime provisions of the federal law. The
19-3 agencies and institutions shall cooperate to determine which agency
19-4 or institution is responsible for ensuring that the employee is
19-5 properly compensated according to those provisions.
19-6 Sec. 666.007. INFORMING EMPLOYER ABOUT MULTIPLE EMPLOYMENT.
19-7 The person must inform the person's employing state agencies or
19-8 institutions of higher education before accepting an additional
19-9 employment with another agency or institution.
19-10 Sec. 666.008. SPECIAL PROVISIONS FOR LEGISLATIVE AGENCIES.
19-11 If a person's multiple employment involves only legislative
19-12 agencies and all employments are less than full-time, the person
19-13 may use paid leave from leave balances in all employments, and on
19-14 separating from one employment, leave balances accrued under that
19-15 employment will be transferred to the remaining employments.
19-16 Sec. 666.009. SPECIAL PROVISIONS FOR UNIVERSITY SYSTEMS.
19-17 (a) A university system as defined by Section 61.003, Education
19-18 Code, may establish a policy that defines a person's employment as
19-19 the total hours the person is assigned:
19-20 (1) to one component of the system; or
19-21 (2) to all components of the system.
19-22 (b) The policy may apply to a person only if the person is
19-23 employed by more than one institution of higher education and all
19-24 the employing institutions are within the same university system.
19-25 SECTION 26. This section provides, for information purposes
19-26 only, a derivation table for provisions of the General
19-27 Appropriations Act that are codified in general law by other
19-28 sections of this Act. The first column identifies the codified
19-29 law; all references are to the Government Code unless otherwise
19-30 expressly noted. The second column identifies for each codified
19-31 law the applicable source provision in Article IX of the General
19-32 Appropriations Act for the fiscal biennium ending August 31, 1999
19-33 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
19-34 1997).
19-35 Codified Law Source Provision
19-36 Sec. 651.005 Sec. 1.9
19-37 Sec. 654.0125 Sec. 1.15
19-38 Sec. 654.014 Sec. 1.16.a, 2nd sent.
19-39 Sec. 654.0155 Secs. 1.4.b, d
19-40 Sec. 654.0156 Sec. 1.4.a
19-41 Sec. 656.026 Sec. 157
19-42 Sec. 658.005(a) Sec. 8.1
19-43 Sec. 658.006 Sec. 8.2
19-44 Sec. 658.008 Sec. 8.6
19-45 Sec. 658.009 Sec. 1.12 (part)
19-46 Sec. 658.010 Sec. 8.3
19-47 Sec. 659.002(d) Sec. 3, 1st par., 1st 2
19-48 sent.
19-49 Sec. 659.004 Sec. 1.19
19-50 Sec. 659.005(a) Sec. 2.3
19-51 Secs. 659.005(b)-(e) Sec. 2.4
19-52 Sec. 659.006 Sec. 3, 1st par., last
19-53 sent.
19-54 Sec. 659.015 Secs. 2.6.a, 2.6.c
19-55 Sec. 659.016 Secs. 2.6.b, 2.6.c
19-56 Sec. 659.017 Sec. 2.6.e
19-57 Sec. 659.018 Sec. 2.6.d
19-58 Sec. 659.019 Sec. 1.12 (part)
19-59 Sec. 659.020 Sec. 1.14 (part)
19-60 Sec. 659.021 Sec. 1.16.a, 3rd sent.,
19-61 1st clause
19-62 Secs. 659.081, 659.082 Sec. 2.1, 1st sent.
19-63 (part)
19-64 Sec. 659.085 Sec. 2.1, last 4 sent.
19-65 Secs. 659.251-659.253 Sec. 1.2
19-66 Sec. 659.254 Secs. 1.3, 1.4.c
19-67 Sec. 659.255 Sec. 1.5
19-68 Sec. 659.256 Sec. 1.6
19-69 Sec. 659.257 Sec. 1.7
20-1 Sec. 659.258 Sec. 1.8
20-2 Sec. 659.259 Sec. 1.10
20-3 Secs. 659.260(a), (b), (c), (e) Sec. 1.11
20-4 Sec. 659.260(d) Sec. 1.16.a, 3rd sent.,
20-5 last clause
20-6 Sec. 659.261 Sec. 1.16.b
20-7 Sec. 661.033(c) Sec. 9.6
20-8 Secs. 661.062(a), (b) Sec. 9.1, last 2 sent.
20-9 Sec. 661.062(f) Sec. 9.9 (part)
20-10 Sec. 661.151 Sec. 9.8
20-11 Sec. 661.152 Sec. 9.1, 1st 7 par.
20-12 Sec. 661.153 Sec. 9.5 (part)
20-13 Sec. 661.154 Sec. 9.9 (part)
20-14 Sec. 661.201(a) Sec. 9.9 (part)
20-15 Sec. 661.201(b) Sec. 9.3, last par.
20-16 (part)
20-17 Sec. 661.202 Sec. 9.2, except last
20-18 sent.
20-19 Sec. 661.203 Sec. 9.2, last sent.
20-20 Sec. 661.204 Sec. 9.5 (part)
20-21 Sec. 661.205 Sec. 9.10
20-22 Secs. 661.901(a), (b) Sec. 9.9 (part)
20-23 Sec. 661.901(c) Sec. 9.3, last par.
20-24 (part)
20-25 Sec. 661.902 Sec. 9.3, 1st par.
20-26 Sec. 661.903 Sec. 9.4, 1st par.
20-27 Sec. 661.904 Sec. 9.4, 3rd par.
20-28 Sec. 661.905 Sec. 9.4, 4th par.
20-29 Sec. 661.906 Sec. 9.4, 5th par.
20-30 Sec. 661.907 Sec. 9.4, 6th par.
20-31 Sec. 661.908 Sec. 9.7
20-32 Sec. 661.909 Sec. 9.11
20-33 Sec. 661.910 Sec. 9.12
20-34 Sec. 661.911 Sec. 9.13
20-35 Sec. 661.912 Sec. 9.14.a
20-36 Sec. 661.913 Sec. 9.14.b
20-37 Sec. 661.914 Sec. 8.5 (part)
20-38 Sec. 662.003(b) Sec. 8.5 (part)
20-39 Sec. 662.004(a) Sec. 8.4, 3rd par., 1st
20-40 sent.
20-41 Sec. 662.007 Sec. 8.4, 4th par. (part)
20-42 Sec. 662.0072 Sec. 8.4, 7th par.
20-43 Sec. 662.011(c) Sec. 8.4, 2nd par.
20-44 Sec. 666.001 Sec. 10.1, 1st par.
20-45 Secs. 666.002-666.003 Sec. 10.1.a
20-46 Sec. 666.004 Sec. 10.1.b
20-47 Sec. 666.005 Sec. 10.1.d
20-48 Sec. 666.006 Sec. 10.1.e
20-49 Sec. 666.007 Sec. 10.1.f
20-50 Sec. 666.008 Sec. 10.2
20-51 Sec. 666.009 Sec. 10.3
20-52 SECTION 27. This Act takes effect September 1, 1999.
20-53 SECTION 28. The importance of this legislation and the
20-54 crowded condition of the calendars in both houses create an
20-55 emergency and an imperative public necessity that the
20-56 constitutional rule requiring bills to be read on three several
20-57 days in each house be suspended, and this rule is hereby suspended.
20-58 * * * * *