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                                  * * * * *