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A BILL TO BE ENTITLED
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AN ACT
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relating to the limitation on paid leave for state employees at |
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health and human services agencies pending a criminal history |
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background check. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 531, Government Code, is |
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amended by adding Section 531.0105 to read as follows: |
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Sec. 531.0105. LIMITATION ON PAID LEAVE FOR CERTAIN HEALTH |
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AND HUMAN SERVICES AGENCY EMPLOYEES. (a) The administrative head |
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of the commission or a health and human services agency may grant |
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leave without a deduction in salary to an agency employee while the |
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agency awaits the results of a criminal history background check on |
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the employee. |
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(b) Except as provided by Subsection (c), the total amount |
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of leave an employee may be granted under this section may not |
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exceed 30 days during a state fiscal biennium. |
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(c) The executive commissioner may approve leave that |
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exceeds 30 days during a state fiscal biennium for good cause. Good |
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cause includes additional time required: |
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(1) to obtain or procure criminal history records from |
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another jurisdiction; or |
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(2) for the disposition of a criminal case. |
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(d) If the executive commissioner determines that the |
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actual time required for a criminal history background check to be |
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conducted on an employee will exceed the amount of leave granted |
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under this section, including under an extension granted under |
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Subsection (c), the executive commissioner shall make a reasonable |
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effort to transfer the employee to a position that does not require |
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direct patient contact. |
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SECTION 2. This Act takes effect September 1, 2009. |