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