78R11778 KSD-F


By:  Bailey                                                       H.B. No. 2642

Substitute the following for H.B. No. 2642:                                   

By:  Menendez                                                 C.S.H.B. No. 2642



A BILL TO BE ENTITLED

AN ACT

relating to business leave time accounts for peace officers and 
detention officers in certain municipalities and counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 180, Local Government Code, is amended 
by adding Section 180.005 to read as follows:
	Sec. 180.005.  BUSINESS LEAVE TIME ACCOUNT FOR OFFICERS IN 
CERTAIN MUNICIPALITIES AND COUNTIES.  (a)  Except as provided by 
Subsection (b), this section applies only to an officer employed 
by:
		(1)  a municipality with a population of 200,000 or 
more; or         
		(2)  a county with a population of 500,000 or more.                    
	(b)  This section does not apply to an officer employed by a 
municipality:
		(1)  to which Subchapter I or J, Chapter 143, applies;                 
		(2)  that has adopted Chapter 174; or                                  
		(3)  with a population of one million or more that has 
not adopted Chapter 143.
	(c)  In this section:                                                   
		(1)  "Business leave" means leave taken for the purpose 
of attending to the business of an employee organization.
		(2)  "Officer" means a person who is:                                  
			(A)  a peace officer under Article 2.12, Code of 
Criminal Procedure; or
			(B)  a detention officer or jailer licensed under 
Chapter 1701, Occupations Code.
	(d)  An officer may donate not more than five hours each year 
of accumulated vacation or compensatory time to the business leave 
time account of an employee organization.  The municipality or 
county shall establish and maintain a business leave time account 
for each employee organization.
	(e)  The officer must authorize the donation in writing on a 
form provided by the employee organization and approved by the 
municipality or county.  After receiving the signed authorization 
on an approved form, the municipality or county shall transfer 
donated time to the account annually until the municipality or 
county receives the officer's written revocation of the 
authorization.
	(f)  Only an officer who is a member of an employee 
organization may use for business leave purposes the time donated 
to the account of that employee organization.  An officer may use 
for business leave purposes the time donated under this section 
without receiving a reduction in salary and without reimbursing the 
municipality or county.
	(g)  A request to use for business leave purposes the time in 
an employee organization's time account must 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)  The municipality or county shall grant a request for 
business leave that complies with Subsection (g) unless:
		(1)  denial of the request is necessary because of an 
emergency; or  
		(2)  a grant of the request will result in having an 
insufficient number of officers to carry out the normal functions 
of the municipality or county.
	(i)  The municipality or county shall account for the time 
donated to the account and used from the account.  The municipality 
or county shall credit and debit the account on an hour-for-hour 
basis regardless of the cash value of the time donated or used.
	(j)  An employee organization may not use for business leave 
purposes more than 4,000 hours from its business leave time account 
under this section in a calendar year.  This subsection does not 
prevent an employee organization from accumulating more than 4,000 
hours.
	(k)  An officer may:                                                    
		(1)  use business leave under this section for 
legislative leave purposes in lieu of following the procedures 
prescribed by Subchapter A, Chapter 614, Government Code, or 
another legislative leave statute; or
		(2)  take legislative leave under Subchapter A, Chapter 
614, Government Code, or another applicable legislative leave 
statute.
	(l)  The use of business leave by an officer under this 
section is not a break in service for any purpose and is treated as 
any other paid leave.
	SECTION 2.   This Act takes effect September 1, 2003.