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