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