SRC-SEW S.B. 255 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 255
77R176 JRD-DBy: Moncrief
State Affairs
3/28/2001
As Filed


DIGEST AND PURPOSE 

Under current law, injured officers are only able to use sick leave or
compensatory time if they are injured in the line of duty, which may not
cover the entire rehabilitation and recovery period.   
As proposed, S.B. 255 allows these officers to use up to one year of injury
leave for injuries sustained in the performance of duties without a
reduction in pay.  This bill also entitles certain peace officers,
custodial officers, and investigatory employees to injury leave without a
deduction in salary and without being required to use compensatory or other
leave for certain injuries.  S.B. 255 provides that for a person to be
eligible for injury leave, certain requirements must be met, and authorizes
a person to be simultaneously on injury leave and receive workers'
compensation benefits but not disability retirement benefits. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 661Z, Government Code, by adding Section
661.915, as follows: 

Sec. 661.915.  INJURY LEAVE FOR CERTAIN STATE EMPLOYEES.  (a) Defines
"custodial officer" and "peace officer."  

(b) Entitles a person appointed or employed as a peace officer by a state
agency, a custodial officer of the Board of Pardons and Paroles or the
Texas Department of Criminal Justice, or an investigatory employee of the
Department of Protective and Regulatory Services to injury leave without a
deduction in salary and without being required to use compensatory time off
accrued under Chapter 659 or any other type of leave allowable under this
chapter.  Sets forth requirements for the circumstances surrounding an
injury that entitles a person to injury leave.   

(c) Requires a person, for eligibility under this section, to submit to the
person's employer evidence of a medical examination and a recommendation
for a specific period of leave from a physician licensed to practice in
this state. 

(d) Provides that the maximum amount of leave available under this section
for all injuries occurring at one time is one year. 

(e) Authorizes a person to simultaneously be on injury leave under this
section and receive workers' compensation benefits under Title 5, Labor
Code (Workers' Compensation), but prohibits eligibility for disability
retirement benefits under Chapter 814, Government Code, during the leave
period. 

SECTION 2.  Effective date:  September 1, 2001.  
  Makes application of this Act prospective.