SRC-TJG, VRA H.B. 622 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 622
78R10574 KSD-DBy: Goolsby (Deuell)
Intergovernmental Relations
5/15/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, the Dallas chief of police may authorize employees to
take time off from work to conduct employee organization business.
However, the employee organization is required to reimburse the
municipality for all time its members take under this authorization.  H.B.
622 requires certain large municipalities to establish and maintain a
business leave time account for each police officer employee organization.
Members of those organizations accumulating vacation or compensatory time
may choose to donate some of that time to the account, resulting in
cancellation of time taken off by other members for business purposes.  By
decreasing the total number of hours requiring reimbursement to the
municipality, the bill would decrease the amount of money due by the
organization.  H.B. 622 applies only to municipalities of one million or
more that have not adopted civil service provisions for peace officers.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 142, Local Government Code, by adding Section
142.013, as follows: 

Sec.  142.013.  BUSINESS LEAVE TIME ACCOUNT FOR POLICE OFFICERS IN CERTAIN
MUNICIPALITIES.  (a)  Provides that this section is limited to police
officers employed by a municipality with a population of one million or
more that has not adopted Chapter 174 of the Local Government Code (Fire
and Police Employee Relations) and to which Section 143 .1261 of the Local
Government Code (Legislative Leave Account) does not apply.   

  (b)  Defines "business leave" and "employee organization."

(c)  Authorizes a police officer to donate not more than two hours for
each month of accumulated vacation or compensatory time to the business
leave time account of an employee organization.  Requires the municipality
to establish and maintain a business leave time account for each employee
organization. 

(d)  Requires the police officer to authorize the donation in writing on a
form provided by the employee organization and approved by the
municipality. Requires the municipality, after receiving the signed
authorization on an approved form, to transfer donated time to the account
monthly until the municipality receives the police officer's written
revocation of the authorization. 
 
(e)  Authorizes only a police officer who is a member of an employee
organization to use for business leave purposes the time donated to the
account of that employee organization.  Authorizes a police officer to use
for business leave purposes the time donated under this section without
receiving a reduction in salary and without reimbursing the municipality. 

 (f)  Requires a request to use for business leave purposes the time in an
employee organization's time account to be in writing and submitted to the
municipality by the president or the equivalent officer of the employee
organization or by that officer's designee. 
 
(g)  Requires the municipality to grant a request for business leave that
complies with Subsection (f) unless certain conditions exist. 
  
(h)  Requires the municipality to account for the time donated to the
account and used from the account.  Requires the municipality to credit
and debit the account on an hour-for-hour basis regardless of the cash
value of the time donated or used. 
 
(i)  Prohibits an employee organization from using for business leave
purposes more than 4,000 hours from its business leave time account under
this section in a calendar year.  Provides that this subsection does not
prevent an employee organization from accumulating more than 4,000 hours,
but only addresses the total number of donated hours that an employee
organization may use in any calendar year. 
 
(j)  Provides that the use of business leave by a police officer under
this section is not a break in service for any purpose and is treated as
any other paid leave. 
 
SECTION 2.  Effective date:  upon passage or September 1, 2003.