| 1 | 1 | | By: Nelson S.B. No. 71 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the limitation on paid leave for state employees at |
|---|
| 7 | 7 | | health and human services agencies pending a criminal history |
|---|
| 8 | 8 | | background check. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter A, Chapter 531, Government Code, is |
|---|
| 11 | 11 | | amended by adding Section 531.0105 to read as follows: |
|---|
| 12 | 12 | | Sec. 531.0105. LIMITATION ON PAID LEAVE FOR CERTAIN HEALTH |
|---|
| 13 | 13 | | AND HUMAN SERVICES AGENCY EMPLOYEES. (a) The administrative head |
|---|
| 14 | 14 | | of the commission or a health and human services agency may grant |
|---|
| 15 | 15 | | leave without a deduction in salary to an agency employee while the |
|---|
| 16 | 16 | | agency awaits the results of a criminal history background check on |
|---|
| 17 | 17 | | the employee. |
|---|
| 18 | 18 | | (b) Except as provided by Subsection (c), the total amount |
|---|
| 19 | 19 | | of leave an employee may be granted under this section may not |
|---|
| 20 | 20 | | exceed 30 days during a state fiscal biennium. |
|---|
| 21 | 21 | | (c) The executive commissioner may approve leave that |
|---|
| 22 | 22 | | exceeds 30 days during a state fiscal biennium for good cause. Good |
|---|
| 23 | 23 | | cause includes additional time required: |
|---|
| 24 | 24 | | (1) to obtain or procure criminal history records from |
|---|
| 25 | 25 | | another jurisdiction; or |
|---|
| 26 | 26 | | (2) for the disposition of a criminal case. |
|---|
| 27 | 27 | | (d) If the executive commissioner determines that the |
|---|
| 28 | 28 | | actual time required for a criminal history background check to be |
|---|
| 29 | 29 | | conducted on an employee will exceed the amount of leave granted |
|---|
| 30 | 30 | | under this section, including under an extension granted under |
|---|
| 31 | 31 | | Subsection (c), the executive commissioner shall make a reasonable |
|---|
| 32 | 32 | | effort to transfer the employee to a position that does not require |
|---|
| 33 | 33 | | direct patient contact. |
|---|
| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|