By Brimer H.B. No. 1774 77R3999 KSD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of sick or annual leave before receiving 1-3 workers' compensation benefits by an employee of the Texas 1-4 Department of Transportation. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter C, Chapter 505, Labor Code, is amended 1-7 by adding Section 505.060 to read as follows: 1-8 Sec. 505.060. EFFECT OF SICK LEAVE; ANNUAL LEAVE. (a) An 1-9 employee may elect to use accrued sick leave before receiving 1-10 income benefits. If an employee elects to use sick leave, the 1-11 employee is not entitled to income benefits under this chapter 1-12 until the employee has exhausted the employee's accrued sick leave. 1-13 (b) An employee may elect to use all or any number of weeks 1-14 of accrued annual leave after the employee's accrued sick leave is 1-15 exhausted. If an employee elects to use annual leave, the employee 1-16 is not entitled to income benefits under this chapter until the 1-17 elected number of weeks of leave have been exhausted. 1-18 SECTION 2. (a) This Act takes effect September 1, 2001. 1-19 (b) The change in law made by this Act applies only to a 1-20 claim for workers' compensation benefits based on a compensable 1-21 injury that occurs on or after the effective date of this Act. A 1-22 claim based on a compensable injury that occurs before the 1-23 effective date of this Act is governed by the law in effect on the 1-24 date that the compensable injury occurred, and the former law is 2-1 continued in effect for that purpose.