1-1 By: Armbrister S.B. No. 453 1-2 (In the Senate - Filed January 30, 2001; January 31, 2001, 1-3 read first time and referred to Committee on State Affairs; 1-4 February 21, 2001, reported favorably by the following vote: Yeas 1-5 9, Nays 0; February 21, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the use of sick or annual leave before receiving 1-9 workers' compensation benefits by an employee of the Texas 1-10 Department of Transportation. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter C, Chapter 505, Labor Code, is amended 1-13 by adding Section 505.060 to read as follows: 1-14 Sec. 505.060. EFFECT OF SICK LEAVE; ANNUAL LEAVE. (a) An 1-15 employee may elect to use accrued sick leave before receiving 1-16 income benefits. If an employee elects to use sick leave, the 1-17 employee is not entitled to income benefits under this chapter 1-18 until the employee has exhausted the employee's accrued sick leave. 1-19 (b) An employee may elect to use all or any number of weeks 1-20 of accrued annual leave after the employee's accrued sick leave is 1-21 exhausted. If an employee elects to use annual leave, the employee 1-22 is not entitled to income benefits under this chapter until the 1-23 elected number of weeks of leave have been exhausted. 1-24 SECTION 2. (a) This Act takes effect September 1, 2001. 1-25 (b) The change in law made by this Act applies only to a 1-26 claim for workers' compensation benefits based on a compensable 1-27 injury that occurs on or after the effective date of this Act. A 1-28 claim based on a compensable injury that occurs before the 1-29 effective date of this Act is governed by the law in effect on the 1-30 date that the compensable injury occurred, and the former law is 1-31 continued in effect for that purpose. 1-32 * * * * *