85R15409 TSR-D
 
  By: Turner, Guillen H.B. No. 2757
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the donation of sick leave by state employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 661.002(a), Government Code, is amended
  to read as follows:
         (a)  The governing body of a state agency shall, through the
  establishment of a program, allow an agency employee to voluntarily
  transfer to a sick leave pool:
               (1)  sick leave earned by the employee; and
               (2)  sick leave donated to the employee under Section
  661.207.
         SECTION 2.  Section 661.003(a), Government Code, is amended
  to read as follows:
         (a)  An employee may contribute to the sick leave pool:
               (1)  one or more days of the employee's accrued sick
  leave; and
               (2)  sick leave donated to the employee under Section
  661.207.
         SECTION 3.  Section 661.207, Government Code, is amended to
  read as follows:
         Sec. 661.207.  DONATION OF SICK LEAVE. (a)  An employee may
  donate any amount of the employee's accrued sick leave to another
  employee who is:
               (1)  [is] employed in the same state agency as the donor
  employee; and
               (2)  eligible to receive donated sick leave under
  Subsection (b) [has exhausted the employee's sick leave, including
  any time the individual may be eligible to withdraw from a sick
  leave pool].
         (b)  An employee is eligible to receive donated sick leave
  under this section if:
               (1)  the employee complies with Subsection (c);
               (2)  the employee is experiencing a medical emergency
  or is caring for a member of the employee's immediate family who is
  experiencing a medical emergency; and
               (3)  as a result of the medical emergency, the employee
  has exhausted all paid leave available to the employee, including
  any time the employee is eligible to withdraw from a sick leave
  pool.
         (c)  An employee who requests donated sick leave under this
  section must 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
  statement must 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.
         (d)  An employee may not provide or receive remuneration or a
  gift in exchange for a sick leave donation under this section.
         (e)  Notwithstanding any other law, an [(c)  An] employee
  who receives donated sick leave under this section may not[:
               [(1)     use sick leave donated to the employee under this
  section except as provided by Sections 661.202(d) and (e); or
               [(2)  notwithstanding any other law,] receive service
  credit in the Employees Retirement System of Texas for any sick
  leave donated to the employee under this section that is unused on
  the last day of that employee's employment.
         (f)  For purposes of this section, a person is a member of an
  employee's immediate family if the person would be considered a
  member of the employee's immediate family under Section 661.202(d).
         (g) [(d)]  In this section:
               (1)  "Employee" [, "employee"] and "state agency" have
  the meanings assigned by Section 661.001.
               (2)  "Medical emergency" means a severe medical
  condition that:
                     (A)  affects the mental or physical health of an
  employee or a member of the employee's immediate family;
                     (B)  requires treatment by a licensed
  practitioner; and
                     (C)  requires the employee's prolonged absence
  from work.
         SECTION 4.  The change in law made by this Act applies only
  to a donation of sick leave that is made on or after the effective
  date of this Act. A donation of sick leave made before the
  effective date of this Act is governed by the law in effect when the
  sick leave was donated, and the former law is continued in effect
  for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.