Texas 2017 - 85th Regular

Texas House Bill HB2757 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R15409 TSR-D
2		-	By: Turner H.B. No. 2757
3		-	Substitute the following for H.B. No. 2757:
4		-	By: Giddings C.S.H.B. No. 2757
	1	+	By: Turner, Guillen (Senate Sponsor - Creighton) H.B. No. 2757
	2	+	(In the Senate - Received from the House May 15, 2017;
	3	+	May 15, 2017, read first time and referred to Committee on Business &
	4	+	Commerce; May 21, 2017, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; May 21, 2017, sent to printer.)
	6	+	Click here to see the committee vote
5	7
6	8
7	9		A BILL TO BE ENTITLED
8	10		AN ACT
9	11		relating to the donation of sick leave by state employees.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 661.002(a), Government Code, is amended
12	14		to read as follows:
13	15		(a) The governing body of a state agency shall, through the
14	16		establishment of a program, allow an agency employee to voluntarily
15	17		transfer to a sick leave pool:
16	18		(1) sick leave earned by the employee; and
17	19		(2) sick leave donated to the employee under Section
18	20		661.207.
19	21		SECTION 2. Section 661.003(a), Government Code, is amended
20	22		to read as follows:
21	23		(a) An employee may contribute to the sick leave pool:
22	24		(1) one or more days of the employee's accrued sick
23	25		leave; and
24	26		(2) sick leave donated to the employee under Section
25	27		661.207.
26	28		SECTION 3. Section 661.207, Government Code, is amended to
27	29		read as follows:
28	30		Sec. 661.207. DONATION OF SICK LEAVE. (a) An employee may
29	31		donate any amount of the employee's accrued sick leave to another
30	32		employee who is:
31	33		(1) [is] employed in the same state agency as the donor
32	34		employee; and
33	35		(2) eligible to receive donated sick leave under
34	36		Subsection (b) [has exhausted the employee's sick leave, including
35	37		any time the individual may be eligible to withdraw from a sick
36	38		leave pool].
37	39		(b) An employee is eligible to receive donated sick leave
38	40		under this section if:
39	41		(1) the employee complies with Subsection (c);
40	42		(2) the employee is experiencing a medical emergency
41	43		or is caring for a member of the employee's immediate family who is
42	44		experiencing a medical emergency; and
43	45		(3) as a result of the medical emergency, the employee
44	46		has exhausted all paid leave available to the employee, including
45	47		any time the employee is eligible to withdraw from a sick leave
46	48		pool.
47	49		(c) An employee who requests donated sick leave under this
48	50		section must provide the employing state agency with a written
49	51		statement from the licensed practitioner who is treating the
50	52		employee or a member of the employee's immediate family. The
51	53		statement must provide sufficient information regarding the
52	54		condition of the employee or the employee's family member to enable
53	55		the agency to determine whether the employee or the employee's
54	56		family member is experiencing a medical emergency.
55	57		(d) An employee may not provide or receive remuneration or a
56	58		gift in exchange for a sick leave donation under this section.
57	59		(e) Notwithstanding any other law, an [(c) An] employee
58	60		who receives donated sick leave under this section may not[:
59	61		[(1) use sick leave donated to the employee under this
60	62		section except as provided by Sections 661.202(d) and (e); or
61	63		[(2) notwithstanding any other law,] receive service
62	64		credit in the Employees Retirement System of Texas for any sick
63	65		leave donated to the employee under this section that is unused on
64	66		the last day of that employee's employment.
65	67		(f) For purposes of this section, a person is a member of an
66	68		employee's immediate family if the person would be considered a
67	69		member of the employee's immediate family under Section 661.202(d).
68	70		(g) [(d)] In this section:
69	71		(1) "Employee" [, "employee"] and "state agency" have
70	72		the meanings assigned by Section 661.001.
71	73		(2) "Medical emergency" means a severe medical
72	74		condition that:
73	75		(A) affects the mental or physical health of an
74	76		employee or a member of the employee's immediate family;
75	77		(B) requires treatment by a licensed
76	78		practitioner; and
77	79		(C) requires the employee's prolonged absence
78	80		from work.
79	81		SECTION 4. The change in law made by this Act applies only
80	82		to a donation of sick leave that is made on or after the effective
81	83		date of this Act. A donation of sick leave made before the
82	84		effective date of this Act is governed by the law in effect when the
83	85		sick leave was donated, and the former law is continued in effect
84	86		for that purpose.
85	87		SECTION 5. This Act takes effect September 1, 2017.
	88	+	* * * * *