Bill Text: TX HB2954 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to eliminating longevity pay for state employees and judicial officers and authorizing merit pay for certain state employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-28 - Meeting cancelled [HB2954 Detail]
Download: Texas-2011-HB2954-Introduced.html
82R10575 MCK-F | ||
By: Cain | H.B. No. 2954 |
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relating to eliminating longevity pay for state employees and | ||
judicial officers and authorizing merit pay for certain state | ||
employees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 30.024(b), Education Code, is amended to | ||
read as follows: | ||
(b) The governing board of the school may enter into an | ||
employment contract with any employee who provides, or supervises | ||
any employee who provides, direct and regular educational services | ||
to students or who provides other professional educational | ||
services. An employee employed under this subsection is not | ||
subject to Section 2252.901, Government Code. Each teacher shall | ||
be employed under a term contract as provided by Subchapter E, | ||
Chapter 21, or under a probationary contract as provided by | ||
Subchapter C, Chapter 21. An employee employed under a contract | ||
under this subsection: | ||
(1) shall be paid in accordance with a salary | ||
structure adopted by the superintendent with the concurrence of the | ||
board that provides salaries, including assignment stipends, | ||
equal, on a daily-rate basis, to salaries, including assignment | ||
stipends, paid to employees employed in comparable positions by the | ||
Austin Independent School District; | ||
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a paid day off from work on any national or state holiday; | ||
(3) is eligible for sick leave accrual under the | ||
General Appropriations Act in each month in which at least one day | ||
of the month is included in the term of the employment contract and | ||
in any other month in which work is performed or paid leave is | ||
taken; | ||
(4) may be permitted by the board to take paid time off | ||
from work during the term of the employment contract for personal | ||
reasons as designated by the board, but the paid time off may not | ||
exceed three days per contract term and may not be carried forward | ||
from one contract term to a subsequent contract term; | ||
(5) may be permitted by the board to be paid the salary | ||
designated in the employment contract in 12 monthly installments; | ||
and | ||
(6) shall work the hours established by the | ||
superintendent. | ||
SECTION 2. Section 30.055(b), Education Code, is amended to | ||
read as follows: | ||
(b) The governing board of the school may enter into an | ||
employment contract with any employee who provides, or supervises | ||
any employee who provides, direct and regular educational services | ||
to students or who provides other professional, educational | ||
services. An employee employed under this subsection is not | ||
subject to Section 2252.901, Government Code. Each teacher shall | ||
be employed under a term contract as provided by Subchapter E, | ||
Chapter 21, or under a probationary contract as provided by | ||
Subchapter C, Chapter 21. An employee employed under a contract | ||
under this subsection: | ||
(1) shall be paid in accordance with a salary | ||
structure adopted by the superintendent with the concurrence of the | ||
board that provides salaries, including assignment stipends, | ||
equal, on a daily-rate basis, to salaries, including assignment | ||
stipends, paid to employees employed in comparable positions by the | ||
Austin Independent School District; | ||
(2) [ |
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a paid day off from work on any national or state holiday; | ||
(3) is eligible for sick leave accrual under the | ||
General Appropriations Act in each month in which at least one day | ||
of the month is included in the term of the employment contract and | ||
in any other month in which work is performed or paid leave is | ||
taken; | ||
(4) may be permitted by the board to use a maximum of | ||
four days per contract term of accrued sick leave for personal | ||
reasons as designated by the board but the number of sick leave days | ||
not used for personal reasons during a contract term may not be | ||
carried forward to a subsequent contract term for use as personal | ||
leave; | ||
(5) shall be paid the salary designated in the | ||
employment contract in 12 monthly installments if the employee | ||
chooses to be paid in that manner; | ||
(6) shall work the hours established by the | ||
superintendent; and | ||
(7) in addition to the contract salary received during | ||
the employee's first year of employment with the school and for the | ||
purpose of reducing a vacancy in a position that is difficult to | ||
fill because of the specialized nature and the limited number of | ||
qualified applicants, may be paid a salary supplement, not to | ||
exceed any salary supplement paid by the Austin Independent School | ||
District to an employee employed in a comparable position. | ||
SECTION 3. Section 51.969(a), Education Code, as added by | ||
Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular | ||
Session, 2007, is amended to read as follows: | ||
(a) The president of a medical and dental unit, as defined | ||
by Section 61.003, shall determine whether a nurse employed by the | ||
unit for patient care or clinical activities is a full-time | ||
employee for purposes of: | ||
(1) employees group benefits under Chapter 1551 or | ||
1601, Insurance Code; and | ||
(2) leave under Chapter 661 or 662, Government Code[ |
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SECTION 4. Section 57.48(k)(1), Education Code, is amended | ||
to read as follows: | ||
(1) "Compensation" means base salary or wages, | ||
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emolument provided in lieu of base salary or wages. | ||
SECTION 5. Section 403.055(l)(1), Government Code, is | ||
amended to read as follows: | ||
(1) "Compensation" means base salary or wages, | ||
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emolument provided in lieu of base salary or wages. | ||
SECTION 6. Section 659.003(a)(2), Government Code, is | ||
amended to read as follows: | ||
(2) "Remuneration" includes salary, compensatory per | ||
diem, expense per diem, reimbursement for expenses, [ |
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SECTION 7. The heading to Subchapter D, Chapter 659, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER D. MERIT [ |
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SECTION 8. Section 659.042, Government Code, is amended to | ||
read as follows: | ||
Sec. 659.042. EXCLUSIONS. The following are not entitled | ||
to merit [ |
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(1) a member of the legislature; | ||
(2) an individual who holds a statewide office that is | ||
normally filled by vote of the people[ |
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(3) an independent contractor or an employee of an | ||
independent contractor; | ||
(4) a temporary employee; | ||
(5) an officer or employee of a public junior college; | ||
(6) an academic employee of a state institution of | ||
higher education; or | ||
(7) a state employee who retired from state employment | ||
on or after June 1, 2011 [ |
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wholly or partly on service as a state officer or state employee in | ||
a public retirement system, as defined by Section 802.001, that was | ||
credited to the state employee. | ||
SECTION 9. Section 659.043, Government Code, is amended to | ||
read as follows: | ||
Sec. 659.043. ELIGIBILITY [ |
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employee is eligible [ |
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accordance with the merit pay policy adopted by the state agency | ||
employing the individual [ |
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SECTION 10. Section 659.044, Government Code, is amended to | ||
read as follows: | ||
Sec. 659.044. AMOUNT APPROPRIATED FOR MERIT PAY; | ||
LIMITATIONS. (a) During a state fiscal year, a state agency may | ||
not be appropriated more than an amount equal to $200 times the | ||
number of full-time employees authorized for the state agency by | ||
the General Appropriations Act for merit pay under this subchapter. | ||
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(b) A state agency may not award more than 10 percent of the | ||
amount appropriated to the state agency for merit pay during the | ||
state fiscal year to a single employee. [ |
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(c) The amount of merit pay that a state employee receives | ||
during a state fiscal year may not exceed 25 percent of the | ||
employee's base salary or wages [ |
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SECTION 11. Section 659.045, Government Code, is amended to | ||
read as follows: | ||
Sec. 659.045. CHANGE IN STATUS. If a state employee ceases | ||
being a full-time state employee after the first workday of a month | ||
but otherwise qualifies for merit [ |
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compensation for the month may include merit [ |
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SECTION 12. Subchapter D, Chapter 659, Government Code, is | ||
amended by adding Section 659.0451 to read as follows: | ||
Sec. 659.0451. MERIT PAY POLICY REQUIRED. Each state | ||
agency shall adopt a policy governing the agency's distribution of | ||
merit pay. The policy must include guidelines for determining when | ||
an employee's job performance warrants the distribution of merit | ||
pay. | ||
SECTION 13. Section 661.034(b), Government Code, is amended | ||
to read as follows: | ||
(b) Under this section, rate of compensation: | ||
(1) includes an emolument in lieu of base pay for which | ||
the state employee was eligible on the last day of employment; and | ||
(2) does not include [ |
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pay. | ||
SECTION 14. Section 661.063(c), Government Code, is amended | ||
to read as follows: | ||
(c) Under this section, rate of compensation: | ||
(1) includes an emolument in lieu of base pay for which | ||
the state employee was eligible; and | ||
(2) does not include [ |
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pay. | ||
SECTION 15. Section 661.067(b), Government Code, is amended | ||
to read as follows: | ||
(b) A state employee who remains on the payroll of a state | ||
agency under this section: | ||
(1) is entitled to continue to receive all | ||
compensation and benefits that the state employee was receiving on | ||
the employee's last day of duty, including paid holidays[ |
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(2) is entitled to a general salary increase for state | ||
employees that takes effect before the employee's accrued vacation | ||
time is exhausted; and | ||
(3) may not use sick leave or accrue sick leave or | ||
vacation time. | ||
SECTION 16. Section 661.904(b), Government Code, is amended | ||
to read as follows: | ||
(b) The employee on an unpaid leave of absence during | ||
military duty described by Subsection (a) continues to accrue: | ||
(1) [ |
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(2) [ |
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SECTION 17. Section 661.909(f), Government Code, is amended | ||
to read as follows: | ||
(f) Except for an employee who returns to state employment | ||
from military leave without pay under Section 661.904, a full | ||
calendar month during which an employee is on leave without pay is | ||
not counted in computing: | ||
(1) [ |
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(2) continuous state service for purposes related to | ||
merit salary provisions or vacation leave. | ||
SECTION 18. Section 666.001(1), Government Code, is amended | ||
to read as follows: | ||
(1) "Compensation" includes: | ||
(A) base salary or wages; | ||
(B) [ |
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(C) benefit replacement pay; | ||
(D) a payment for the balance of vacation and | ||
sick leave under Subchapter B, Chapter 661; | ||
(E) a payment for the accrued balance of vacation | ||
time under Subchapter C, Chapter 661; and | ||
(F) an emolument provided in lieu of base salary | ||
or wages. | ||
SECTION 19. Section 811.001(7), Government Code, is amended | ||
to read as follows: | ||
(7) "Compensation" means the base salary of a person; | ||
amounts that would otherwise qualify as compensation but are not | ||
received directly by a person pursuant to a good faith, voluntary, | ||
written salary reduction agreement in order to finance payments to | ||
a deferred compensation or tax sheltered annuity program | ||
specifically authorized by state law or to finance benefit options | ||
under a cafeteria plan qualifying under Section 125 of the Internal | ||
Revenue Code of 1986 (26 U.S.C. Section 125); [ |
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hazardous duty pay; nonmonetary compensation, the value of which | ||
is determined by the retirement system; amounts by which a person's | ||
salary is reduced under a salary reduction agreement authorized by | ||
Chapter 610; and the benefit replacement pay a person earns under | ||
Subchapter H, Chapter 659, [ |
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person earns as a result of a payment made under Subchapter B, C, or | ||
D, Chapter 661. The term excludes overtime pay and a cleaning or | ||
clothing allowance. | ||
SECTION 20. Section 814.203(c), Government Code, is amended | ||
to read as follows: | ||
(c) For the purposes of this section, "comparable pay" means | ||
80 percent or more of the member's final state employment base pay | ||
before deductions for taxes or deferred compensation under state | ||
and federal law, including any [ |
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but excluding the monetary value of any insurance or retirement | ||
benefits. Comparable pay may be adjusted by the retirement system | ||
to account for adjustments in state pay rates. | ||
SECTION 21. Section 301.355(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The president of a medical and dental unit, as defined | ||
by Section 61.003, Education Code, shall determine whether a nurse | ||
who is employed by the unit for practice in patient care or in | ||
clinical activities is a full-time employee for purposes of: | ||
(1) employees group benefits under Chapter 1551 or | ||
1601, Insurance Code; and | ||
(2) leave under Chapter 661 or 662, Government Code[ |
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SECTION 22. The following sections of the Government Code | ||
are repealed: | ||
(1) Section 659.041(1); | ||
(2) Section 659.0411; | ||
(3) Section 659.0445; and | ||
(4) Section 659.046. | ||
SECTION 23. The change in law made by this Act applies | ||
beginning with the first full pay period that begins on or after | ||
September 1, 2011. | ||
SECTION 24. This Act takes effect September 1, 2011. |