C.S.H.B. 89 78(R)    BILL ANALYSIS


C.S.H.B. 89
By: McClendon
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, there are no provisions allowing state employees a
leave of absence, without a deduction in salary, for either organ or
bone-marrow donation. The lack of sufficient organ donors relative to the
number of citizens who need transplants is a serious problem in Texas.
Over 3,500 people in Texas need kidney transplants. Many also need
bone-marrow transplants. The State benefits from transplants because
Medicaid and state insurance costs are lower for transplants than for
dialysis and other chronic treatment methods.  In 1999, the federal
government passed legislation granting federal employees 30 days paid
leave if they serve as organ donors. Without a similar policy to remove
one possible barrier preventing a person from donating, the State may not
receive all of the benefits associated with increased organ and
bone-marrow donation by its citizens.  The purpose of C.S.H.B. 89 is to
allow state employees time off without a deduction in salary for the
donation of organs and bone-marrow.  

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
agency, or institution.  

ANALYSIS

C.S.H.B. 89 amends Chapter 661, Subchapter Z, of the Government Code to
provide that a state employee is entitled to a leave of absence, without a
deduction in salary, for the time necessary to permit the employee to
serve as a bone-marrow or organ donor.  The leave of absence is prohibited
from exceeding five working days in a fiscal year for bone-marrow
donation, or 30 working days in a fiscal year for organ donation. 

EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 89 removes the provision in the original which required state
agencies to allow each agency employee sufficient time off, without a
deduction in salary or accrued leave, to donate blood.