By: Dominguez H.B. No. 101

A BILL TO BE ENTITLED

AN ACT

relating to a one-time payment for certain state-employed essential workers; making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. DEFINITIONS. In this Act:

(1) "Comptroller" means the state comptroller of public accounts.

(2) "Eligible essential state employee" means an individual who:

(A) is a state employee; and

(B) was, during any part of the qualifying period, an eligible worker.

(3) "Eligible worker" means a state employee who was designated under 42 U.S.C. Section 802 as an essential critical infrastructure worker.

(4) "Qualifying period" means the period beginning at 12:01 a.m. on March 13, 2020, and ending at 11:59 p.m. on September 13, 2021.

(5) "State agency" means a department, commission, board, office, or other agency in the executive branch of state government that is created by the constitution or a statute of this state.

(6) "State employee" means an employee of a state agency.

SECTION 2. ESSENTIAL WORKER PAYMENT; AMOUNT. (a) An eligible essential state employee is entitled to an essential worker payment.

(b) The amount of the essential worker payment to which an eligible essential state employee is entitled is equal to the lesser of:

(1) the product of:

(A) $2.00; and

(B) the number of hours the eligible essential state employee worked for the state during the qualifying period while designated an eligible worker; or

(2) $8,000.

(c) An essential worker payment is in addition to any other salary or wage to which eligible essential state employees are entitled under the terms of their employment.

SECTION 3. DETERMINATION OF ELIGIBILITY. The comptroller, in consultation with the Legislative Budget Board and the State Auditor's Office, shall by rule establish the process to be used to:

(1) determine which state employees are eligible essential state employees;

(2) determine the amount of the essential worker payment to which each eligible essential state employee is entitled; and

(3) distribute money to state agencies to make essential worker payments to eligible essential state employees employed by the agencies.

SECTION 4. APPROPRIATION; USE OF APPROPRIATED MONEY. (a) Notwithstanding Chapter 1053 (S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the General Appropriations Act), or any other law, the amount necessary to provide an essential worker payment to each eligible essential state employee under Section 2 of this Act is appropriated from federal money provided to this state from the Coronavirus State and Local Fiscal Recovery Funds under Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) to the comptroller for the two-year period beginning on the effective date of this Act for distribution to state agencies on the basis of the number of eligible essential state employees employed by each state agency on September 1, 2021. The comptroller shall distribute the money appropriated by this section as soon as practicable after the effective date of this Act.

(b) A state agency may use money distributed under Subsection (a) of this section only to provide essential worker payments to eligible essential state employees employed by the agency in accordance with Section 2 of this Act.

SECTION 5. EXPIRATION. This Act expires February 1, 2024.

SECTION 6. EFFECTIVE DATE. 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 on the 91st day after the last day of the legislative session.