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78R1761 KSD-D

By:  Noriega                                                      H.B. No. 322



A BILL TO BE ENTITLED

AN ACT

relating to the use of sick and annual leave benefits by a state 
employee who sustains a compensable injury.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 501.044, Labor Code, is amended to read 
as follows:      
	Sec. 501.044.  [EFFECT OF] SICK AND [LEAVE;] ANNUAL LEAVE 
BENEFITS.  (a)  While  an employee is receiving income benefits 
under this chapter, the [An] employee may elect to use previously
accrued sick leave benefits, whether statutory or contractual, in 
an amount equal to the difference between the benefits under this 
chapter and the weekly compensation that the employee was receiving 
before the injury that resulted in the claim [before receiving 
income benefits.  If an employee elects to use sick leave, the 
employee is not entitled to income benefits under this chapter 
until the employee has exhausted the employee's accrued sick 
leave].
	(b)  After an employee's accrued sick leave benefits are 
exhausted under Subsection (a), the [An] employee may elect to use 
previously [all or any number of weeks of] accrued annual leave 
benefits, whether statutory or contractual, in an amount equal to 
the difference between the benefits under this chapter and the 
weekly compensation that the employee was receiving before the 
injury that resulted in the claim [after the employee's accrued 
sick leave is exhausted.  If an employee elects to use annual leave, 
the employee is not entitled to income benefits under this chapter 
until the elected number of weeks of leave have been exhausted].
	(c)  Sick or annual leave benefits used under this section 
shall be deducted proportionately from the employee's sick or 
annual leave balance, as applicable.
	SECTION 2.  Section 505.060, Labor Code, is amended to read 
as follows:      
	Sec. 505.060.  [EFFECT OF] SICK AND [LEAVE;] ANNUAL LEAVE 
BENEFITS.  (a)  While an employee is receiving income benefits 
under this chapter, the [An] employee may elect to use previously
accrued sick leave benefits, whether statutory or contractual, in 
an amount equal to the difference between the benefits under this 
chapter and the weekly compensation that the employee was receiving 
before the injury that resulted in the claim [before receiving 
income benefits.  If an employee elects to use sick leave, the 
employee is not entitled to income benefits under this chapter 
until the employee has exhausted the employee's accrued sick 
leave].
	(b)  After an employee's accrued sick leave benefits are 
exhausted under Subsection (a), the [An] employee may elect to use 
previously [all or any number of weeks of] accrued annual leave 
benefits, whether statutory or contractual, in an amount equal to 
the difference between the benefits under this chapter and the 
weekly compensation that the employee was receiving before the 
injury that resulted in the claim [after the employee's accrued 
sick leave is exhausted.  If an employee elects to use annual leave, 
the employee is not entitled to income benefits under this chapter 
until the elected number of weeks of leave have been exhausted].
	(c)  Sick or annual leave benefits used under this section 
shall be deducted proportionately from the employee's sick or 
annual leave balance, as applicable.
	SECTION 3.  This Act takes effect September 1, 2003.                           
	SECTION 4.  The changes in law made by this Act apply only to 
a claim for workers' compensation benefits based on a compensable 
injury that occurs on or after the effective date of this Act.  A 
claim based on a compensable injury that occurs before that date is 
governed by the law in effect on the date that the compensable 
injury occurred, and the former law is continued in effect for that 
purpose.