S.B. 89 78(R)    BILL ANALYSIS


S.B. 89
By: Wentworth
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current law does not clearly address whether a member of the governing
body of a single state agency or state officer who governs a state agency
may receive compensatory time under Subchapter B, Chapter 659, Government
Code, or another state statute.  Compensation attached to public office is
incident to the title of the office and not to hours worked.  Therefore,
these persons should not be entitled to accrue compensatory time.  The
purpose of Senate Bill 89 is to clarify the law with respect to the
accrual of compensatory time by a member of a governing body of a state
agency or a single state officer who governs a state agency.  

RULEMAKING AUTHORITY

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

ANALYSIS

Senate Bill 89 amends Subchapter B, Chapter 659, Government Code, by
adding Section 659.024 to prohibit a member of the governing body of a
state agency or a single state officer who governs a state agency from
accruing compensatory time under that subchapter or another state statute.

The provisions of the bill do not apply to an employee who acts as the
administrative head of a state agency, including an executive director.   

The bill defines "state agency" as an executive or judicial branch entity.

EFFECTIVE DATE

September 1, 2003.