Bill Text: TX SB73 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to leave policy and procedures for state employees.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB73 Detail]
Download: Texas-2017-SB73-Enrolled.html
S.B. No. 73 |
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relating to leave policy and procedures for state employees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 661, Government Code, is amended by | ||
adding Subchapter H to read as follows: | ||
SUBCHAPTER H. STATE AGENCY LEAVE POLICY | ||
Sec. 661.251. DEFINITION. In this subchapter, "state | ||
agency" has the meaning assigned by Section 661.001. | ||
Sec. 661.252. AGENCY POLICY. (a) A state agency shall | ||
adopt a policy governing leave for employees under this chapter. | ||
(b) The policy must provide clear and objective guidelines | ||
to establish under what circumstances an employee of the agency may | ||
be entitled to or granted each type of leave provided by this | ||
chapter. | ||
(c) The state agency shall post the policy adopted under | ||
this section on the agency's Internet website in a location easily | ||
accessible by the agency's employees and the public. | ||
SECTION 2. Section 661.902, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) The administrative head of an agency may determine that | ||
a reason other than a reason [ |
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sufficient for granting emergency leave. Subject to the provisions | ||
of this subsection and except as provided by Subsection (c), the | ||
administrative head [ |
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employee if the employee requests the leave and [ |
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administrative head determines that the employee has shown good | ||
cause for taking emergency leave. The administrative head may not | ||
grant an emergency leave to an employee under this subsection | ||
unless the administrative head believes in good faith that the | ||
employee being granted the emergency leave intends to return to the | ||
employee's position with the agency on expiration of the period of | ||
emergency leave. | ||
(c) An employee is not required to request an emergency | ||
leave if the administrative head of the employing agency grants the | ||
emergency leave under Subsection (b) because the agency is closed | ||
due to weather conditions or in observance of a holiday. | ||
(d) Not later than October 1 of each year, the | ||
administrative head of an agency shall report to the comptroller | ||
the name and position of each employee of the agency who was granted | ||
more than 32 hours of emergency leave during the previous state | ||
fiscal year, the reason for which the employee was granted the | ||
emergency leave, and the total number of hours of emergency leave | ||
granted to the employee in that state fiscal year. | ||
SECTION 3. Subchapter Z, Chapter 661, Government Code, is | ||
amended by adding Section 661.923 to read as follows: | ||
Sec. 661.923. LEAVE DURING AGENCY INVESTIGATION. (a) The | ||
administrative head of an agency may grant leave without a | ||
deduction in salary to a state employee who is: | ||
(1) the subject of an investigation being conducted by | ||
the agency; or | ||
(2) a victim of, or witness to, an act or event that is | ||
the subject of an investigation being conducted by the agency. | ||
(b) A state employee who is the subject of an investigation | ||
being conducted by the employing agency is ineligible to receive | ||
leave for that reason under any other provision of this subchapter. | ||
(c) Not later than the last day of each quarter of a state | ||
fiscal year, an agency shall submit a report to the state auditor's | ||
office and the Legislative Budget Board that includes the name of | ||
each agency employee described by Subsection (a)(1) who has been | ||
granted 168 hours or more of leave under this section during that | ||
fiscal quarter. The report must include, for each employee, a brief | ||
statement as to the reason the employee remains on leave. | ||
SECTION 4. Subchapter Z, Chapter 661, Government Code, is | ||
amended by adding Section 661.924 to read as follows: | ||
Sec. 661.924. MEDICAL AND MENTAL HEALTH CARE LEAVE FOR | ||
CERTAIN VETERANS. (a) This section applies to a state employee | ||
who is: | ||
(1) a veteran, as defined by Section 434.023(a); and | ||
(2) eligible for health benefits under a program | ||
administered by the Veterans Health Administration of the United | ||
States Department of Veterans Affairs. | ||
(b) A state employee described by Subsection (a) may be | ||
granted leave without a deduction in salary or loss of vacation | ||
time, sick leave, earned overtime credit, or state compensatory | ||
time to obtain medical or mental health care administered by the | ||
Veterans Health Administration of the United States Department of | ||
Veterans Affairs, including physical rehabilitation. | ||
(c) Except as provided by Subsection (d), leave granted | ||
under Subsection (b) may not exceed 15 days each fiscal year. | ||
(d) The administrative head of a state agency may annually | ||
grant additional days of leave described by Subsection (b) as the | ||
administrative head determines appropriate for the employee. | ||
SECTION 5. Subchapter C, Chapter 2101, Government Code, is | ||
amended by adding Section 2101.042 to read as follows: | ||
Sec. 2101.042. LEAVE REPORTING. (a) As part of the | ||
centralized accounting and payroll system or any successor system | ||
used to implement the enterprise resource planning component of the | ||
uniform statewide accounting project developed under Sections | ||
2101.031, 2101.035, and 2101.036, the comptroller shall adopt a | ||
uniform system for use by each state agency to which Section | ||
2101.036 applies under Subsection (d) of that section for the | ||
reporting of leave taken by the agency's employees. The system | ||
adopted by the comptroller must include standardized accounting | ||
codes for each type of leave authorized under Chapter 661. | ||
(b) A state agency to which Subsection (a) applies shall use | ||
the uniform system adopted by the comptroller under this section. | ||
SECTION 6. Section 661.902(b), Government Code, as amended | ||
by this Act, and Section 661.923, Government Code, as added by this | ||
Act, apply only to a grant of leave made on or after the effective | ||
date of this Act. A grant of leave made before the effective date of | ||
this Act is governed by the law in effect on the date the leave was | ||
granted, and the former law is continued in effect for that purpose. | ||
SECTION 7. The first report required under Section | ||
661.902(c), Government Code, as added by this Act, is due October 1, | ||
2017, and must cover the period from September 1, 2016, to August | ||
31, 2017. | ||
SECTION 8. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 73 passed the Senate on | ||
April 3, 2017, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 26, 2017, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 73 passed the House, with | ||
amendments, on May 22, 2017, by the following vote: Yeas 146, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |