SRC-SEW S.B. 453 77(R)BILL ANALYSIS


Senate Research CenterS.B. 453
By: Armbrister
State Affairs
5/28/2001
Enrolled


DIGEST AND PURPOSE 

Currently, the Texas Department of Transportation (TxDOT) is the only state
agency that does not have statutory authority to allow employees to use
their annual leave and/or sick leave in lieu of receiving workers'
compensation benefits.  Thus, if requested, TxDOT would be required to make
duplicate payments to employees for both workers' compensation and
annual/sick leave.  Payments in such a case would total as much as 170
percent, or more, of the employee's regular salary.  S.B. 453 gives TxDOT
the same authority as the other state agencies to allow employees to choose
to continue receiving their regular, full salary during annual/sick leave
instead of the reduced workers' compensation 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 505C, Labor Code, by adding Section 505.060, as
follows: 

Sec. 505.060.  EFFECT OF SICK LEAVE; ANNUAL LEAVE.  Authorizes an employee
to elect to use accrued sick leave before receiving income benefits.
Prohibits an employee, if electing to use sick leave, from being entitled
to income benefits under this chapter until the employee has exhausted the
employee's accrued sick leave.  Authorizes an employee to elect to use all
or any number of weeks of accrued annual leave after the employee's accrued
sick leave is exhausted.  Makes a conforming change regarding annual leave. 

SECTION 2.  Effective date:  September 1, 2001.  
Makes application of this Act prospective to a claim for compensable
workers' compensation benefits on or after the effective date.