SRC-AMY S.B. 1669 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1669
By: Averitt
Veteran Affairs & Military Installations
4/1/2003
As Filed


DIGEST 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.  As
proposed, 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

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 431.005(a), 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.  Amends Section 22.003, Education Code, by adding Subsection
(d), as follows: 

(d) Requires a school employee with available personal leave under this
section to be entitled to use that leave for compensation during a term of
active military service. Requires this provision to apply to any personal
or sick leave available under former law or provided by local policy of a
school district or home-rule school district.  Authorizes a school
district, or 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 in the school district or
home-rule school district. 

SECTION 2. [As drafted, two SECTIONS are designated SECTION 2.]  Effective
date: upon passage or September 1, 2003.