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
1-25     continued in effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 453 passed the Senate on
         February 27, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 453 passed the House on
         May 17, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor