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.