By Noriega H.B. No. 2341 77R4879 ATP-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to legislative leave for certain sheriff's department 1-3 employees. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 158, Local Government Code, 1-6 is amended by adding Sections 158.041 and 158.042 to read as 1-7 follows: 1-8 Sec. 158.041. LEGISLATIVE LEAVE. (a) This section applies 1-9 only to a county with a population of 2.8 million or more. 1-10 (b) An employee is entitled to legislative leave without pay 1-11 to appear before or to petition a governmental body during a 1-12 regular or special session of that body as provided by this 1-13 section. 1-14 (c) To be eligible for legislative leave, an employee must 1-15 submit a written application to the sheriff not later than the 30th 1-16 day before the date the employee intends to begin the legislative 1-17 leave. The application must indicate the length of the requested 1-18 leave and state that the employee is willing to reimburse the 1-19 county for any wages, pension, or other costs the county will incur 1-20 as a result of the leave. The length of the requested leave may 1-21 not exceed the length of the session. 1-22 (d) The sheriff may require an employee to reimburse the 1-23 county for all costs incurred by the county and associated with the 1-24 employee's legislative leave under this section. Not later than the 2-1 30th day after the date the sheriff receives the application, the 2-2 sheriff shall notify the employee in writing of the amount of money 2-3 required to reimburse the county for the costs the county will 2-4 incur. The sheriff may require the employee to post the money 2-5 before granting the leave. 2-6 (e) The sheriff shall grant legislative leave to an employee 2-7 who submits an application as required by this section and who 2-8 complies with any requirement relating to the reimbursement of 2-9 costs unless an emergency exists or unless granting the leave will 2-10 result in an insufficient number of employees to carry out the 2-11 normal functions of the department. 2-12 (f) If the sheriff determines that granting a legislative 2-13 leave will result in an insufficient number of employees to carry 2-14 out the normal functions of the department, another employee of 2-15 equal rank may volunteer to work in the applicant's place on an 2-16 exchange of time basis if overtime does not result. The sheriff 2-17 shall allow the volunteer to work for the applicant and shall grant 2-18 the legislative leave if overtime does not result and if the 2-19 volunteer work will result in having a sufficient number of 2-20 employees. 2-21 (g) Legislative leave is not a break in service for any 2-22 purpose, including the determination of seniority, promotions, sick 2-23 leave, vacations, or retirement. 2-24 (h) Legislative leave granted under this section to an 2-25 employee to attend a session of the Congress of the United States 2-26 shall be granted for a period not to exceed 30 percent of the 2-27 applicant's total annual working days during each year in which 3-1 leave is requested. 3-2 Sec. 158.042. LEGISLATIVE LEAVE TIME ACCOUNT. (a) This 3-3 section applies only to a county with a population of 2.8 million 3-4 or more. 3-5 (b) An employee may donate not more than two hours for each 3-6 month of accumulated vacation or compensatory time to the 3-7 legislative leave time account of an employee organization. The 3-8 sheriff shall establish and maintain a legislative leave time 3-9 account for each employee organization. 3-10 (c) The employee must authorize the donation in writing on a 3-11 form provided by the employee organization and approved by the 3-12 sheriff. After receiving the signed authorization on an approved 3-13 form, the sheriff shall transfer donated time to the legislative 3-14 leave time account monthly until the sheriff receives the 3-15 employee's written revocation of the authorization. 3-16 (d) Only an employee who is a member of an employee 3-17 organization may use for legislative leave purposes the time 3-18 donated to the account of that employee organization. An employee 3-19 may use for legislative leave purposes the time donated under this 3-20 section instead of reimbursing the county under Section 158.041. 3-21 (e) A request to use for legislative leave purposes the time 3-22 in an employee organization's legislative leave time account must 3-23 be in writing and submitted to the county by the president or the 3-24 equivalent officer of the employee organization or by that 3-25 officer's designee. 3-26 (f) The sheriff shall account for the time donated to the 3-27 legislative leave time account and used from the account. The 4-1 sheriff shall debit and credit a legislative leave time account on 4-2 an hour-for-hour basis regardless of the cash value of the time 4-3 donated or used. 4-4 (g) An employee organization may not use for legislative 4-5 leave purposes more than 2,080 hours from its legislative leave 4-6 time account in a calendar year. This subsection does not prevent 4-7 an employee organization from accumulating more than 2,080 hours in 4-8 the account. 4-9 SECTION 2. This Act takes effect immediately if it receives 4-10 a vote of two-thirds of all the members elected to each house, as 4-11 provided by Section 39, Article III, Texas Constitution. If this 4-12 Act does not receive the vote necessary for immediate effect, this 4-13 Act takes effect September 1, 2001.