79R3483 KSD-D
By: Bailey H.B. No. 641
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 180.006 to read as follows:
Sec. 180.006. 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, 2005.