BILL ANALYSIS

 

 

Senate Research Center

H.B. 1589

87R4343 MCK-D

By: Davis et al. (Men�ndez)

 

Business & Commerce

 

5/14/2021

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

It has been noted that a person who is an officer or employee of the state or a political subdivision of the state and who is a member of the Texas military forces, a reserve component of the armed forces, or a member of a state or federally authorized urban search and rescue team is often called to active duty to provide assistance in response to a disaster, leaving scarce paid leave available for such a person to apply toward the completion of authorized training or otherwise authorized or required duties. In response, there have been calls to grant such persons additional paid leave time in the event that they are called to active duty for the purpose of providing assistance in response to a disaster.

 

H.B. 1589 amends the Government Code to entitle a person who is an officer or employee of the state or a political subdivision of the state and who is a member of the Texas military forces, a reserve component of the armed forces, or a member of a state or federally authorized urban search and rescue team and who is called to state active duty by the governor or another appropriate authority in response to a disaster to a paid leave of absence from the person's duties for each day the person is called to active duty during the disaster, not to exceed seven workdays in a fiscal year. That leave is in addition to the paid leave provided for authorized training or duty otherwise authorized or ordered. During a leave of absence provided under these provisions, the person may not be subjected to loss of time, efficiency rating, personal time, sick leave, or vacation time.

 

H.B. 1589 amends current law relating to paid leave for public officers and employees engaged in certain military service.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 437.202, Government Code, by adding Subsection (a-1), as follows:

 

(a-1) Provides that in addition to the leave provided under Subsection (a), a person described by Subsection (a) (relating to a person who is a member of the Texas military forces or certain other entities and an officer or employee of this state, a municipality, a county, or another political subdivision of this state) called to state active duty by the governor or another appropriate authority in response to a disaster is entitled to a paid leave of absence from the person's duties for each day the person is called to active duty during the disaster, not to exceed seven workdays in a fiscal year. Prohibits a person, during a leave of absence under this subsection, from being subjected to loss of time, efficiency rating, personal time, sick leave, or vacation time. Provides that for purposes of this subsection, "disaster" has the meaning assigned by Section 418.004 (Definitions).

 

SECTION 2. Effective date: September 1, 2021.