| 1 | 1 | | By: Van de Putte S.B. No. 1737 |
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| 2 | 2 | | (Flynn) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to accrual and use of leave of absence for certain training |
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| 8 | 8 | | or duty, including military training or duty, by public employees |
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| 9 | 9 | | and officers. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 431.005, Government Code, is amended by |
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| 12 | 12 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (a) Except as provided by Subsections (a-1) and |
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| 15 | 15 | | [Subsection] (b), a person who is an officer or employee of the |
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| 16 | 16 | | state, a municipality, a county, or another political subdivision |
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| 17 | 17 | | of the state and who is a member of the state military forces, a |
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| 18 | 18 | | reserve component of the armed forces, or a member of a state or |
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| 19 | 19 | | federally authorized Urban Search and Rescue Team is entitled to a |
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| 20 | 20 | | paid leave of absence from the person's duties on a day on which the |
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| 21 | 21 | | person is engaged in authorized training or duty ordered or |
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| 22 | 22 | | authorized by proper authority for not more than 15 workdays in a |
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| 23 | 23 | | federal fiscal year. During a leave of absence the person may not |
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| 24 | 24 | | be subjected to loss of time, efficiency rating, personal time, |
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| 25 | 25 | | sick leave, or vacation time. |
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| 26 | 26 | | (a-1) An officer or employee of the state is entitled to |
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| 27 | 27 | | carry forward from one federal fiscal year to the next the net |
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| 28 | 28 | | balance of unused accumulated leave under Subsection (a) that does |
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| 29 | 29 | | not exceed 45 workdays. |
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| 30 | 30 | | SECTION 2. Section 431.0825, Government Code, is amended to |
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| 31 | 31 | | read as follows: |
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| 32 | 32 | | Sec. 431.0825. EMPLOYEES IN NATIONAL GUARD; EMERGENCY |
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| 33 | 33 | | LEAVE. (a) A state employee called to state active duty as a |
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| 34 | 34 | | member of the state military forces by the governor is entitled to |
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| 35 | 35 | | receive paid emergency leave without loss of military leave under |
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| 36 | 36 | | Section 431.005(a) or annual leave. |
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| 37 | 37 | | (b) A state employee called to federal active duty for the |
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| 38 | 38 | | purpose of providing assistance to civil authorities in a declared |
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| 39 | 39 | | emergency or for training for that purpose is entitled to receive |
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| 40 | 40 | | paid emergency leave for not more than 22 workdays without loss of |
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| 41 | 41 | | military leave under Section 431.005(a) or annual leave. |
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| 42 | 42 | | (c) The duty or training under Subsection (b) does not |
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| 43 | 43 | | include duty or training carried out under Section 431.005(a). |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2011. |
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