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A BILL TO BE ENTITLED
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AN ACT
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relating to the donation of sick leave by state employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 661.002(a), Government Code, is amended |
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to read as follows: |
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(a) The governing body of a state agency shall, through the |
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establishment of a program, allow an agency employee to voluntarily |
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transfer to a sick leave pool: |
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(1) sick leave earned by the employee; and |
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(2) sick leave donated to the employee under Section |
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661.207. |
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SECTION 2. Section 661.003(a), Government Code, is amended |
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to read as follows: |
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(a) An employee may contribute to the sick leave pool: |
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(1) one or more days of the employee's accrued sick |
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leave; and |
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(2) sick leave donated to the employee under Section |
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661.207. |
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SECTION 3. Section 661.207, Government Code, is amended to |
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read as follows: |
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Sec. 661.207. DONATION OF SICK LEAVE. (a) An employee may |
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donate any amount of the employee's accrued sick leave to another |
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employee who is: |
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(1) [is] employed in the same state agency as the donor |
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employee; and |
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(2) eligible to receive donated sick leave under |
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Subsection (b) [has exhausted the employee's sick leave, including
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any time the individual may be eligible to withdraw from a sick
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leave pool]. |
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(b) An employee is eligible to receive donated sick leave |
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under this section if: |
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(1) the employee complies with Subsection (c); and |
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(2) the administrative head of the employee's |
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employing agency determines that: |
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(A) the employee is experiencing a medical |
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emergency or is caring for a member of the employee's immediate |
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family who is experiencing a medical emergency; and |
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(B) as a result of the medical emergency, the |
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employee has exhausted all paid leave available to the employee, |
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including any time the employee is eligible to withdraw from a sick |
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leave pool. |
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(c) An employee who requests donated sick leave under this |
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section must provide the administrative head of the employing |
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agency with a written statement from the licensed practitioner who |
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is treating the employee or a member of the employee's immediate |
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family. The statement must provide sufficient information |
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regarding the condition of the employee or the employee's family |
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member to enable the administrative head to determine whether the |
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employee or the employee's family member is experiencing a medical |
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emergency. |
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(d) An employee may not provide or receive remuneration or a |
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gift in exchange for a sick leave donation under this section. |
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(e) Notwithstanding any other law, an [(c) An] employee |
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who receives donated sick leave under this section may not[:
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[(1)
use sick leave donated to the employee under this
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section except as provided by Sections 661.202(d) and (e); or
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[(2) notwithstanding any other law,] receive service |
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credit in the Employees Retirement System of Texas for any sick |
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leave donated to the employee under this section that is unused on |
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the last day of that employee's employment. |
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(f) For purposes of this section, a person is a member of an |
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employee's immediate family if the person would be considered a |
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member of the employee's immediate family under Section 661.202(d). |
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(g) [(d)] In this section: |
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(1) "Employee" [, "employee"] and "state agency" have |
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the meanings assigned by Section 661.001. |
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(2) "Medical emergency" means a severe medical |
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condition that: |
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(A) affects the mental or physical health of an |
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employee or a member of the employee's immediate family; |
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(B) requires treatment by a licensed |
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practitioner; and |
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(C) requires the employee's prolonged absence |
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from work. |
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SECTION 4. The change in law made by this Act applies only |
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to a donation of sick leave that is made on or after the effective |
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date of this Act. A donation of sick leave made before the |
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effective date of this Act is governed by the law in effect when the |
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sick leave was donated, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |