Texas 2015 - 84th Regular

Texas Senate Bill SB1355 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hinojosa S.B. No. 1355
2	2		(In the Senate - Filed March 11, 2015; March 18, 2015, read
3	3		first time and referred to Committee on Criminal Justice;
4	4		May 12, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 0; May 12, 2015,
	5	+	Substitute by the following vote: Yeas 6, Nays 0; May 12, 2015,
6	6		sent to printer.)
7	7		Click here to see the committee vote
8	8		COMMITTEE SUBSTITUTE FOR S.B. No. 1355 By: Whitmire
9	9
10	10
11	11		A BILL TO BE ENTITLED
12	12		AN ACT
13	13		relating to compensation and leave for certain peace officers.
14	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15		SECTION 1. Subchapter A, Chapter 5, Alcoholic Beverage
16	16		Code, is amended by adding Section 5.21 to read as follows:
17	17		Sec. 5.21. DONATION OF ACCRUED COMPENSATORY TIME OR ACCRUED
18	18		ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. (a) The administrator
19	19		shall allow a peace officer employed by the commission to
20	20		voluntarily transfer to a legislative leave pool up to eight hours
21	21		of compensatory time or annual leave per year earned by the peace
22	22		officer.
23	23		(b) The administrator or the administrator's designee shall
24	24		administer the legislative leave pool.
25	25		(c) The commission shall adopt rules and prescribe
26	26		procedures relating to the operation of the legislative leave pool.
27	27		(d) The administrator or the administrator's designee shall
28	28		credit the legislative leave pool with the amount of time
29	29		contributed by a peace officer and deduct a corresponding amount of
30	30		time from the peace officer's earned compensatory time or annual
31	31		leave as if the peace officer had used the time for personal
32	32		purposes.
33	33		(e) A peace officer is entitled to use time contributed to
34	34		the legislative leave pool if the peace officer uses the time for
35	35		legislative leave on behalf of a law enforcement association of at
36	36		least 50 active or retired members governed by a board of directors.
37	37		(f) The administrator or the administrator's designee shall
38	38		transfer time from the pool to the peace officer and credit the time
39	39		to the peace officer.
40	40		(g) A peace officer may only withdraw time from the
41	41		legislative leave pool in coordination with and with the consent of
42	42		the president or designee of the law enforcement association
43	43		described in Subsection (e). A peace officer may not draw more than
44	44		80 hours from the pool in a 160-hour work cycle and may not draw more
45	45		than 480 hours from the pool in a fiscal year.
46	46		(h) A peace officer shall use time from the legislative
47	47		leave pool in accordance with rules adopted by the commission.
48	48		SECTION 2. Section 402.009, Government Code, is amended to
49	49		read as follows:
50	50		Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE
51	51		OFFICERS. (a) The attorney general may employ and commission
52	52		peace officers as investigators for the limited purpose of
53	53		assisting the attorney general in carrying out the duties of that
54	54		office relating to prosecution assistance and crime prevention.
55	55		(b) The attorney general shall ensure that a commissioned
56	56		peace officer employed as authorized under Subsection (a) is
57	57		compensated according to Schedule C of the position classification
58	58		salary schedule prescribed by the General Appropriations Act.
59	59		SECTION 3. Section 659.301(5), Government Code, is amended
60	60		to read as follows:
61	61		(5) "State employee" means an individual who:
62	62		(A) is a commissioned law enforcement officer of
63	63		the Department of Public Safety, the Texas Facilities Commission,
64	64		the Texas Alcoholic Beverage Commission, [or] the Texas Department
65	65		of Criminal Justice, or the attorney general;
66	66		(B) is a commissioned security officer of the
67	67		comptroller;
68	68		(C) is a law enforcement officer commissioned by
69	69		the Parks and Wildlife Commission;
70	70		(D) is a commissioned peace officer of an
71	71		institution of higher education;
72	72		(E) is an employee or official of the Board of
73	73		Pardons and Paroles or the parole division of the Texas Department
74	74		of Criminal Justice if the employee or official has routine direct
75	75		contact with inmates of any penal or correctional institution or
76	76		with administratively released prisoners subject to the board's
77	77		jurisdiction;
78	78		(F) has been certified to the Employees
79	79		Retirement System of Texas under Section 815.505 as having begun
80	80		employment as a law enforcement officer or custodial officer,
81	81		unless the individual has been certified to the system as having
82	82		ceased employment as a law enforcement officer or custodial
83	83		officer; or
84	84		(G) before May 29, 1987, received hazardous duty
85	85		pay based on the terms of any state law if the individual holds a
86	86		position designated under that law as eligible for the pay.
87	87		SECTION 4. Section 661.918(a), Government Code, is amended
88	88		to read as follows:
89	89		(a) This section applies to a peace officer under Article
90	90		2.12, Code of Criminal Procedure, who is commissioned as a law
91	91		enforcement officer or agent, including a ranger, by:
92	92		(1) the Public Safety Commission and the director of
93	93		the Department of Public Safety;
94	94		(2) the Parks and Wildlife Commission; [or]
95	95		(3) the Texas Alcoholic Beverage Commission; or
96	96		(4) the attorney general.
97	97		SECTION 5. Subchapter B, Chapter 11, Parks and Wildlife
98	98		Code, is amended by adding Section 11.0183 to read as follows:
99	99		Sec. 11.0183. DONATION OF ACCRUED COMPENSATORY TIME OR
100	100		ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. (a) The director
101	101		shall allow a peace officer employed by the department to
102	102		voluntarily transfer to a legislative leave pool up to eight hours
103	103		of compensatory time or annual leave per year earned by the peace
104	104		officer.
105	105		(b) The director or the director's designee shall
106	106		administer the legislative leave pool.
107	107		(c) The commission shall adopt rules and prescribe
108	108		procedures relating to the operation of the legislative leave pool.
109	109		(d) The director or the director's designee shall credit the
110	110		legislative leave pool with the amount of time contributed by a
111	111		peace officer and deduct a corresponding amount of time from the
112	112		peace officer's earned compensatory time or annual leave as if the
113	113		peace officer had used the time for personal purposes.
114	114		(e) A peace officer is entitled to use time contributed to
115	115		the legislative leave pool if the peace officer uses the time for
116	116		legislative leave on behalf of a law enforcement association of at
117	117		least 350 active or retired members governed by a board of
118	118		directors.
119	119		(f) The director or the director's designee shall transfer
120	120		time from the pool to the peace officer and credit the time to the
121	121		peace officer.
122	122		(g) A peace officer may only withdraw time from the
123	123		legislative leave pool in coordination with and with the consent of
124	124		the president or designee of the law enforcement association
125	125		described in Subsection (e). A peace officer may not draw more than
126	126		80 hours from the pool in a 160-hour work cycle and may not draw more
127	127		than 480 hours from the pool in a fiscal year.
128	128		(h) A peace officer shall use time from the legislative
129	129		leave pool in accordance with rules adopted by the commission.
130	130		SECTION 6. (a) The classification officer in the office of
131	131		the state auditor shall classify the position of commissioned peace
132	132		officer employed as an investigator by the Office of the Attorney
133	133		General as a Schedule C position under the Texas Position
134	134		Classification Plan, 1961.
135	135		(b) The change made by the classification officer as
136	136		required by this section applies beginning in the state fiscal
137	137		biennium beginning September 1, 2015.
138	138		(c) This section expires September 1, 2017.
139	139		SECTION 7. Section 661.918(a), Government Code, as amended
140	140		by this Act, applies only to an injury that occurs on or after the
141	141		effective date of this Act.
142	142		SECTION 8. This Act takes effect September 1, 2015.
143	143		* * * * *