S.B. No. 2298
AN ACT
relating to compensation of certain state employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.962, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) This subsection applies to an employee employed by the
institution of higher education for more than six months. The
requirement that six months elapse between merit salary increases
prescribed by Subsection (e) does not apply to a one-time merit
payment if the chief administrative officer of the institution of
higher education determines in writing that the one-time merit
payment is made in relation to the employee's performance during a
natural disaster or other extraordinary circumstance.
SECTION 2. The heading to Section 659.0125, Government
Code, is amended to read as follows:
Sec. 659.0125. SALARY FOR DISTRICT JUDGE OR RETIRED JUDGE
PRESIDING OVER MULTIDISTRICT LITIGATION.
SECTION 3. Section 659.0125, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) A retired judge appointed to an MDL pretrial court, as
defined by Section 90.001, Civil Practice and Remedies Code, is
entitled to receive the same compensation and benefits to which a
district judge is entitled.
SECTION 4. Section 659.015, Government Code, is amended by
amending Subsection (g) and adding Subsections (i) and (j) to read
as follows:
(g) Compensatory time off to which an employee is entitled
under Subsection (f) must be taken during the 12-month period
following the end of the workweek in which the compensatory time was
accrued or it lapses. An employee may not be paid for that
compensatory time, except as provided by this subsection and
Subsections (i) and (j). An [However, an] employee of an
institution of higher education as defined by Section 61.003,
Education Code, or an employee engaged in a public safety activity,
including highway construction and maintenance or an emergency
response activity, may be paid at the employee's regular rate of pay
for that compensatory time if the employer determines that taking
the compensatory time off would disrupt normal teaching, research,
or other critical functions.
(i) With authorization from the administrative head of the
agency for which an employee works, or that person's designee, an
employee may be paid for the hours of compensatory time the employee
earns for work directly related to a disaster or emergency declared
by the appropriate officer of the state or federal government.
(j) With authorization from the administrative head of the
agency for which an employee works, or that person's designee, an
employee employed by a state mental health or mental retardation
facility may be paid for any unused compensatory time if the
employing agency determines that taking the compensatory time off
would disrupt the normal business functions of the agency.
SECTION 5. Section 659.016, Government Code, is amended by
amending Subsection (i) and adding Subsection (j) to read as
follows:
(i) Except as provided by this subsection and Subsection
(j), an [An] employee covered by this section may not be paid for
any unused compensatory time. With authorization from the
administrative head of the agency for which a state employee works,
or that person's designee, an employee may be paid for the hours of
compensatory time the employee earns for work directly related to a
disaster or emergency declared by the appropriate officer of the
state or federal government.
(j) With authorization from the administrative head of the
agency for which an employee works, or that person's designee, an
employee employed by a state mental health or mental retardation
facility may be paid for any unused compensatory time if the
employing agency determines that taking the compensatory time off
would disrupt the normal business functions of the agency.
SECTION 6. Section 659.018, Government Code, is amended to
read as follows:
Sec. 659.018. COMPENSATORY TIME: PLACE WHERE WORK
PERFORMED. (a) Except under circumstances specified in the
General Appropriations Act or as provided by Subsection (b), an
employee of a state agency as defined by Section 658.001 may not,
for hours worked during any calendar week, accumulate compensatory
time off under Section 659.015(f) or 659.016 to the extent that the
hours are attributable to work performed at a location other than
the employee's regular or temporarily assigned place of employment.
(b) An employee may accumulate compensatory time off for
hours worked during any calendar week at the [The] employee's
personal residence if the employee obtains the advance approval of
the administrative head of the agency for which the employee works
or that person's designee [may not be considered the employee's
regular or temporarily assigned place of employment].
SECTION 7. Section 659.255, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) The six-month limitations prescribed by Subsections
(f)(2) and (5) do not apply if the administrative head of the agency
determines in writing that the merit payment is made in relation to
the employee's performance during a natural disaster or other
extraordinary circumstance.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2298 passed the Senate on
April 28, 2009, by the following vote: Yeas 31, Nays 0;
May 15, 2009, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 20, 2009, House
granted request of the Senate; May 30, 2009, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2298 passed the House, with
amendments, on May 12, 2009, by the following vote: Yeas 145,
Nays 0, two present not voting; May 20, 2009, House granted request
of the Senate for appointment of Conference Committee;
May 27, 2009, House adopted Conference Committee Report by the
following vote: Yeas 141, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor