S.B. 1669 78(R)    BILL ANALYSIS


S.B. 1669
By: Averitt
Defense Affairs and State-Federal Relations
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Texas law provides for 15 days of leave for state employees and
employees of political 
subdivisions during active military service in state military forces or a
reserve component of armed forces; up to 15 days, such leave is taken
without loss of salary, efficiency rating, or vacation time. However, many
school employees receive state or local personal or sick leave, which is
not protected under Texas law. Additionally, school districts may be
hesitant to adopt policies providing for paid leaves of absence because of
constitutional prohibitions relating to gifts of public funds. If paid
leave policies were adopted as partial consideration for employees'
contracts or terms of employment, that would eliminate any violation to
those state constitutional provisions. S.B. 1669 protects a school
employee's personal and sick leave from loss of time during a leave of
absence. This bill also requires a school employee to be able to use
available personal leave for compensation during a term of active military
service, and authorizes a school district or home-rule school district to
consider a policy of providing paid leave during active military service
as part of a consideration of employment. 


RULEMAKING AUTHORITY

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


ANALYSIS

SECTION 1. Amends Government Code, to include personal and sick leave
hours in the list of benefits a person is prohibited from losing during a
military leave of absence. 

SECTION 2. Provides that a school employee with available personal leave
under this section is entitled to use that leave for compensation during a
term of active military service.  Provides that this subsection applies to
any personal or sick leave available under former law or provided by local
policy of a school district, including a home-rule school district. 

The bill also authorizes a school district, including a home-rule school
district, to adopt a policy providing for the paid leave of employees
taking leave for active military service, as part of the consideration of
employment by the district. 

SECTION 3. Effective date: upon passage or September 1, 2003.