SRC-MSY S.B. 1029 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1029
78R5614 KSD-FBy: Gallegos
State Affairs
3/25/2003
As Filed


DIGEST AND PURPOSE 

Current law allows members of peace officer associations to take
legislative leave when attending to matters on behalf of the association
before the legislature, and to be reimbursed by the association for any
expenses.  Such members still must take vacation time to attend to such
matters, however.  As proposed, S.B. 1029 allows members of a peace
officer association to donate vacation time, on a voluntary basis, to a
time bank so that authorized association members may attend to association
business without using their own vacation time. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 180, Local Government Code, by adding Section
180.005, as follows: 

Sec. 180.005.  BUSINESS LEAVE TIME ACCOUNT FOR PEACE OFFICERS IN CERTAIN
MUNICIPALITIES AND COUNTIES.  (a)  Provides that this section applies only
to a peace officer employed by a county or municipality of a certain size,
except as provided by Subsection (b), 

(b)  Provides that this section does not apply to a peace officer employed
by certain municipalities. 

(c)  Defines "business leave" and "peace officer" for the purposes of this
section. 

(d)  Prohibits a peace officer from donating more than two hours each
month of accumulated vacation or compensatory time to the business leave
time account of an employee organization.  Requires the municipality or
county to establish and maintain a business leave time account for each
employee organization. 

(e)  Requires the peace officer to authorize the donation in writing on a
form provided by the employee organization and approved by the
municipality or county.  Requires the municipality or county, after
receiving the signed authorization on an approved form, to transfer
donated time to the account monthly until the municipality or county
receives the peace officer's written revocation of the authorization. 

(f)  Provides that only a peace officer who is a member of an employee
organization may use the time donated to the account of that employee
organization.  Authorizes a peace officer to use the time donated under
this section without receiving a reduction in salary and without
reimbursing the municipality or county. 

(g)  Requires a request to use the time in an employee organization's time
account to be in writing and submitted to the municipality or county by
the president or the  equivalent officer of the employee organization or
by that officer's designee. 

(h)  Requires the municipality or county to grant a request for business
leave that complies with Subsection (g) unless certain conditions exist. 
  
(i)  Requires the municipality or county to account for the time donated
to the account and used from the account.  Requires the municipality or
county to credit and debit the account on an hour-for-hour basis
regardless of the cash value of the time donated or used. 

(j)  Prohibits an employee organization from using more than 4,000 hours
for business leave purposes 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. 

(k)  Authorizes a peace officer to use business leave under this section
for legislative leave purposes in lieu of following the procedures
prescribed by certain law, or to take legislative leave under Subchapter
A, Chapter 614, Government Code, or another applicable legislative leave
statute. 

(l)  Provides that the use of business leave by a peace 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:  September 1, 2003.