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AN ACT
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relating to compensation of certain state employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.962, Education Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) This subsection applies to an employee employed by the |
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institution of higher education for more than six months. The |
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requirement that six months elapse between merit salary increases |
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prescribed by Subsection (e) does not apply to a one-time merit |
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payment if the chief administrative officer of the institution of |
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higher education determines in writing that the one-time merit |
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payment is made in relation to the employee's performance during a |
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natural disaster or other extraordinary circumstance. |
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SECTION 2. The heading to Section 659.0125, Government |
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Code, is amended to read as follows: |
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Sec. 659.0125. SALARY FOR DISTRICT JUDGE OR RETIRED JUDGE |
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PRESIDING OVER MULTIDISTRICT LITIGATION. |
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SECTION 3. Section 659.0125, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A retired judge appointed to an MDL pretrial court, as |
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defined by Section 90.001, Civil Practice and Remedies Code, is |
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entitled to receive the same compensation and benefits to which a |
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district judge is entitled. |
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SECTION 4. Section 659.015, Government Code, is amended by |
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amending Subsection (g) and adding Subsections (i) and (j) to read |
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as follows: |
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(g) Compensatory time off to which an employee is entitled |
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under Subsection (f) must be taken during the 12-month period |
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following the end of the workweek in which the compensatory time was |
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accrued or it lapses. An employee may not be paid for that |
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compensatory time, except as provided by this subsection and |
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Subsections (i) and (j). An [However, an] employee of an |
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institution of higher education as defined by Section 61.003, |
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Education Code, or an employee engaged in a public safety activity, |
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including highway construction and maintenance or an emergency |
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response activity, may be paid at the employee's regular rate of pay |
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for that compensatory time if the employer determines that taking |
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the compensatory time off would disrupt normal teaching, research, |
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or other critical functions. |
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(i) With authorization from the administrative head of the |
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agency for which an employee works, or that person's designee, an |
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employee may be paid for the hours of compensatory time the employee |
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earns for work directly related to a disaster or emergency declared |
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by the appropriate officer of the state or federal government. |
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(j) With authorization from the administrative head of the |
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agency for which an employee works, or that person's designee, an |
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employee employed by a state mental health or mental retardation |
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facility may be paid for any unused compensatory time if the |
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employing agency determines that taking the compensatory time off |
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would disrupt the normal business functions of the agency. |
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SECTION 5. Section 659.016, Government Code, is amended by |
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amending Subsection (i) and adding Subsection (j) to read as |
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follows: |
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(i) Except as provided by this subsection and Subsection |
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(j), an [An] employee covered by this section may not be paid for |
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any unused compensatory time. With authorization from the |
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administrative head of the agency for which a state employee works, |
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or that person's designee, an employee may be paid for the hours of |
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compensatory time the employee earns for work directly related to a |
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disaster or emergency declared by the appropriate officer of the |
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state or federal government. |
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(j) With authorization from the administrative head of the |
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agency for which an employee works, or that person's designee, an |
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employee employed by a state mental health or mental retardation |
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facility may be paid for any unused compensatory time if the |
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employing agency determines that taking the compensatory time off |
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would disrupt the normal business functions of the agency. |
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SECTION 6. Section 659.018, Government Code, is amended to |
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read as follows: |
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Sec. 659.018. COMPENSATORY TIME: PLACE WHERE WORK |
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PERFORMED. (a) Except under circumstances specified in the |
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General Appropriations Act or as provided by Subsection (b), an |
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employee of a state agency as defined by Section 658.001 may not, |
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for hours worked during any calendar week, accumulate compensatory |
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time off under Section 659.015(f) or 659.016 to the extent that the |
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hours are attributable to work performed at a location other than |
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the employee's regular or temporarily assigned place of employment. |
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(b) An employee may accumulate compensatory time off for |
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hours worked during any calendar week at the [The] employee's |
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personal residence if the employee obtains the advance approval of |
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the administrative head of the agency for which the employee works |
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or that person's designee [may not be considered the employee's
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regular or temporarily assigned place of employment]. |
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SECTION 7. Section 659.255, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The six-month limitations prescribed by Subsections |
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(f)(2) and (5) do not apply if the administrative head of the agency |
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determines in writing that the merit payment is made in relation to |
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the employee's performance during a natural disaster or other |
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extraordinary circumstance. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2298 passed the Senate on |
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April 28, 2009, by the following vote: Yeas 31, Nays 0; |
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May 15, 2009, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 20, 2009, House |
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granted request of the Senate; May 30, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2298 passed the House, with |
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amendments, on May 12, 2009, by the following vote: Yeas 145, |
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Nays 0, two present not voting; May 20, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 27, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 141, Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |