Texas 2009 - 81st Regular

Texas Senate Bill SB2298 Compare Versions

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1	1	S.B. No. 2298
2	2
3	3
4	4	AN ACT
5	5	relating to compensation of certain state employees.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 51.962, Education Code, is amended by
8	8	adding Subsection (f) to read as follows:
9	9	(f) This subsection applies to an employee employed by the
10	10	institution of higher education for more than six months. The
11	11	requirement that six months elapse between merit salary increases
12	12	prescribed by Subsection (e) does not apply to a one-time merit
13	13	payment if the chief administrative officer of the institution of
14	14	higher education determines in writing that the one-time merit
15	15	payment is made in relation to the employee's performance during a
16	16	natural disaster or other extraordinary circumstance.
17	17	SECTION 2. The heading to Section 659.0125, Government
18	18	Code, is amended to read as follows:
19	19	Sec. 659.0125. SALARY FOR DISTRICT JUDGE OR RETIRED JUDGE
20	20	PRESIDING OVER MULTIDISTRICT LITIGATION.
21	21	SECTION 3. Section 659.0125, Government Code, is amended by
22	22	adding Subsection (c) to read as follows:
23	23	(c) A retired judge appointed to an MDL pretrial court, as
24	24	defined by Section 90.001, Civil Practice and Remedies Code, is
25	25	entitled to receive the same compensation and benefits to which a
26	26	district judge is entitled.
27	27	SECTION 4. Section 659.015, Government Code, is amended by
28	28	amending Subsection (g) and adding Subsections (i) and (j) to read
29	29	as follows:
30	30	(g) Compensatory time off to which an employee is entitled
31	31	under Subsection (f) must be taken during the 12-month period
32	32	following the end of the workweek in which the compensatory time was
33	33	accrued or it lapses. An employee may not be paid for that
34	34	compensatory time, except as provided by this subsection and
35	35	Subsections (i) and (j). An [However, an] employee of an
36	36	institution of higher education as defined by Section 61.003,
37	37	Education Code, or an employee engaged in a public safety activity,
38	38	including highway construction and maintenance or an emergency
39	39	response activity, may be paid at the employee's regular rate of pay
40	40	for that compensatory time if the employer determines that taking
41	41	the compensatory time off would disrupt normal teaching, research,
42	42	or other critical functions.
43	43	(i) With authorization from the administrative head of the
44	44	agency for which an employee works, or that person's designee, an
45	45	employee may be paid for the hours of compensatory time the employee
46	46	earns for work directly related to a disaster or emergency declared
47	47	by the appropriate officer of the state or federal government.
48	48	(j) With authorization from the administrative head of the
49	49	agency for which an employee works, or that person's designee, an
50	50	employee employed by a state mental health or mental retardation
51	51	facility may be paid for any unused compensatory time if the
52	52	employing agency determines that taking the compensatory time off
53	53	would disrupt the normal business functions of the agency.
54	54	SECTION 5. Section 659.016, Government Code, is amended by
55	55	amending Subsection (i) and adding Subsection (j) to read as
56	56	follows:
57	57	(i) Except as provided by this subsection and Subsection
58	58	(j), an [An] employee covered by this section may not be paid for
59	59	any unused compensatory time. With authorization from the
60	60	administrative head of the agency for which a state employee works,
61	61	or that person's designee, an employee may be paid for the hours of
62	62	compensatory time the employee earns for work directly related to a
63	63	disaster or emergency declared by the appropriate officer of the
64	64	state or federal government.
65	65	(j) With authorization from the administrative head of the
66	66	agency for which an employee works, or that person's designee, an
67	67	employee employed by a state mental health or mental retardation
68	68	facility may be paid for any unused compensatory time if the
69	69	employing agency determines that taking the compensatory time off
70	70	would disrupt the normal business functions of the agency.
71	71	SECTION 6. Section 659.018, Government Code, is amended to
72	72	read as follows:
73	73	Sec. 659.018. COMPENSATORY TIME: PLACE WHERE WORK
74	74	PERFORMED. (a) Except under circumstances specified in the
75	75	General Appropriations Act or as provided by Subsection (b), an
76	76	employee of a state agency as defined by Section 658.001 may not,
77	77	for hours worked during any calendar week, accumulate compensatory
78	78	time off under Section 659.015(f) or 659.016 to the extent that the
79	79	hours are attributable to work performed at a location other than
80	80	the employee's regular or temporarily assigned place of employment.
81	81	(b) An employee may accumulate compensatory time off for
82	82	hours worked during any calendar week at the [The] employee's
83	83	personal residence if the employee obtains the advance approval of
84	84	the administrative head of the agency for which the employee works
85	85	or that person's designee [may not be considered the employee's
86	86	regular or temporarily assigned place of employment].
87	87	SECTION 7. Section 659.255, Government Code, is amended by
88	88	adding Subsection (g) to read as follows:
89	89	(g) The six-month limitations prescribed by Subsections
90	90	(f)(2) and (5) do not apply if the administrative head of the agency
91	91	determines in writing that the merit payment is made in relation to
92	92	the employee's performance during a natural disaster or other
93	93	extraordinary circumstance.
94	94	SECTION 8. This Act takes effect immediately if it receives
95	95	a vote of two-thirds of all the members elected to each house, as
96	96	provided by Section 39, Article III, Texas Constitution. If this
97	97	Act does not receive the vote necessary for immediate effect, this
98	98	Act takes effect September 1, 2009.
99	99	______________________________ ______________________________
100	100	President of the Senate Speaker of the House
101	101	I hereby certify that S.B. No. 2298 passed the Senate on
102	102	April 28, 2009, by the following vote: Yeas 31, Nays 0;
103	103	May 15, 2009, Senate refused to concur in House amendments and
104	104	requested appointment of Conference Committee; May 20, 2009, House
105	105	granted request of the Senate; May 30, 2009, Senate adopted
106	106	Conference Committee Report by the following vote: Yeas 31,
107	107	Nays 0.
108	108	______________________________
109	109	Secretary of the Senate
110	110	I hereby certify that S.B. No. 2298 passed the House, with
111	111	amendments, on May 12, 2009, by the following vote: Yeas 145,
112	112	Nays 0, two present not voting; May 20, 2009, House granted request
113	113	of the Senate for appointment of Conference Committee;
114	114	May 27, 2009, House adopted Conference Committee Report by the
115	115	following vote: Yeas 141, Nays 0, one present not voting.
116	116	______________________________
117	117	Chief Clerk of the House
118	118	Approved:
119	119	______________________________
120	120	Date
121	121	______________________________
122	122	Governor