79R4038 KSD-D

By:  Bailey                                                       H.B. No. 771



A BILL TO BE ENTITLED

AN ACT

relating to business leave time accounts for peace officers and 
detention officers in certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 157, Local Government 
Code, is amended by adding Section 157.906 to read as follows:
	Sec. 157.906.  BUSINESS LEAVE TIME ACCOUNT FOR OFFICERS IN 
CERTAIN COUNTIES.  (a)  This section applies only to an officer 
employed by a county with a population of three million or more.
	(b)  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.
	(c)  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 county shall 
establish and maintain a business leave time account for each 
employee organization.
	(d)  The officer must authorize the donation in writing on a 
form provided by the employee organization and approved by the 
county.  After receiving the signed authorization on an approved 
form, the county shall transfer donated time to the account 
annually until the county receives the officer's written revocation 
of the authorization.
	(e)  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 
county.
	(f)  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 county by the president or the equivalent officer 
of the employee organization or by that officer's designee.
	(g)  The county shall grant a request for business leave that 
complies with Subsection (f) 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 county.
	(h)  The county shall account for the time donated to the 
account and used from the account.  The county shall credit and 
debit the account on an hour-for-hour basis regardless of the cash 
value of the time donated or used.
	(i)  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.
	(j)  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.
	(k)  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.