BILL ANALYSIS |
C.S.H.B. 2757 |
By: Turner |
State Affairs |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties contend that recent legislation authorizing certain state employees to donate sick leave to a specific employee within the same agency lacked sufficient clarity regarding the intended use of the donated leave, possibly subjecting the recipient of such a donation to federal income taxation. C.S.H.B. 2757 seeks to clarify that such authorization is for the benefit of an employee experiencing a medical emergency or caring for a member of the employee's immediate family who is experiencing a medical emergency.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2757 amends the Government Code to require a state agency's governing body to allow an agency employee other than a state officer to voluntarily transfer to a sick leave pool sick leave donated to the employee. The bill conditions a state employee's eligibility to receive donated sick leave on that employee's exhaustion of all paid leave available to the employee, including any time the employee is eligible to withdraw from a sick leave pool, as a result of the employee experiencing a medical emergency or having to care for a member of the employee's immediate family who is experiencing a medical emergency. The bill requires an employee who requests donated sick leave to provide the employing state agency with a written statement from the licensed practitioner who is treating the employee or a member of the employee's immediate family. The bill requires the statement to provide sufficient information regarding the condition of the employee or the employee's family member to enable the agency to determine whether the employee or the employee's family member is experiencing a medical emergency. The bill removes certain restrictions on the use of donated sick leave and specifies that, for purposes of donated sick leave, a person is a member of an employee's immediate family if the person would be considered as such for purposes of taking sick leave with pay.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2757 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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