BILL ANALYSIS

H.B. 3216

By: Harris

Culture, Recreation & Tourism

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current Parks and Wildlife Department (TPWD) regulations, game wardens are unable to take paid leave time to visit the Capitol to advocate on behalf of TPWD. A legislative leave pool would allow game wardens to request and take donated leave time for legislative purposes in order to provide insight on legislation that impacts TPWD. H.B. 3216 seeks to provide for such a legislative leave pool.

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.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Parks and Wildlife Commission in SECTION 1 of this bill.

ANALYSIS

H.B. 3216 amends the Parks and Wildlife Code to require the executive director of the Parks and Wildlife Department (TPWD) to allow a TPWD-commissioned peace officer to voluntarily transfer up to eight hours of compensatory time or annual leave per year earned by the officer to a legislative leave pool administered by the director or the director's designee. The bill requires the director or the designee to credit the leave pool with the amount of time contributed by a peace officer and deduct a corresponding amount of time from the officer's earned compensatory time or annual leave as if the officer had used the time for personal purposes. The bill requires the Parks and Wildlife Commission to adopt rules and prescribe procedures relating to the leave pool's operation.

H.B. 3216 entitles a TPWD-commissioned peace officer to use time contributed to the leave pool if the time is used for legislative leave on behalf of a law enforcement association that meets the following criteria:

· is related to the officer's employment with TPWD;

· has at least 300 active or retired members; and

· is governed by a board of directors.

The bill requires the director or the director's designee to transfer time from the leave pool to the officer and credit the time to the officer. The bill requires coordination with and the consent of the president or designee of the law enforcement association for an officer to withdraw time from the leave pool and caps the amount of time that may be drawn as follows:

· 80 hours in a 160-hour work cycle; and

· 480 hours in a fiscal year.

The bill requires a peace officer to use time from the leave pool in accordance with rules adopted by the commission.

EFFECTIVE DATE

September 1, 2021.