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A BILL TO BE ENTITLED
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AN ACT
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relating to business leave time accounts for peace officers in |
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certain municipalities and counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 180, Local Government Code, is amended |
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by adding Section 180.006 to read as follows: |
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Sec. 180.006. BUSINESS LEAVE TIME ACCOUNT FOR PEACE |
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OFFICERS IN CERTAIN MUNICIPALITIES AND COUNTIES. (a) Except as |
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provided by Subsection (b), this section applies only to a peace |
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officer employed by: |
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(1) a municipality with a population of 200,000 or |
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more; or |
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(2) a county with a population of 500,000 or more. |
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(b) This section does not apply to a peace officer employed |
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by a municipality: |
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(1) to which Subchapter I or J, Chapter 143, applies; |
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or |
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(2) that has adopted Chapter 174. |
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(c) In this section: |
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(1) "Business leave" means leave taken for the purpose |
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of attending to the business of an employee organization. |
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(2) "Peace officer" means a person who is a peace |
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officer under Article 2.12, Code of Criminal Procedure. |
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(d) A peace officer may donate not more than two hours each |
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month of accumulated vacation or compensatory time to the business |
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leave time account of an employee organization. The municipality |
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or county shall establish and maintain a business leave time |
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account for each employee organization. |
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(e) The peace officer must authorize the donation in writing |
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on a form provided by the employee organization and approved by the |
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municipality or county. After receiving the signed authorization |
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on an approved form, the municipality or county shall transfer |
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donated time to the account monthly until the municipality or |
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county receives the peace officer's written revocation of the |
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authorization. |
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(f) Only a peace officer who is a member of an employee |
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organization may use for business leave purposes the time donated |
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to the account of that employee organization. A peace officer may |
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use for business leave purposes the time donated under this section |
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without receiving a reduction in salary and without reimbursing the |
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municipality or county. |
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(g) A request to use for business leave purposes the time in |
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an employee organization's time account must be in writing and |
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submitted to the municipality or county by the president or the |
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equivalent officer of the employee organization or by that |
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officer's designee. |
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(h) The municipality or county shall grant a request for |
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business leave that complies with Subsection (g) unless: |
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(1) denial of the request is necessary because of an |
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emergency; or |
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(2) a grant of the request will result in having an |
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insufficient number of peace officers to carry out the normal |
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functions of the municipality or county. |
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(i) The municipality or county shall account for the time |
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donated to the account and used from the account. The municipality |
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or county shall credit and debit the account on an hour-for-hour |
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basis regardless of the cash value of the time donated or used. |
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(j) An employee organization may not use for business leave |
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purposes more than 4,000 hours from its business leave time account |
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under this section in a calendar year. This subsection does not |
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prevent an employee organization from accumulating more than 4,000 |
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hours. |
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(k) A peace officer may: |
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(1) use business leave under this section for |
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legislative leave purposes in lieu of following the procedures |
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prescribed by Subchapter A, Chapter 614, Government Code, or |
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another legislative leave statute; or |
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(2) take legislative leave under Subchapter A, Chapter |
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614, Government Code, or another applicable legislative leave |
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statute. |
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(l) The use of business leave by a peace officer under this |
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section is not a break in service for any purpose and is treated as |
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any other paid leave. |
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SECTION 2. This Act takes effect September 1, 2007. |