| 1 | 1 | | 85R3461 CJC-D |
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| 2 | 2 | | By: Geren H.B. No. 360 |
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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 leave policy and procedures for state employees. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 661, Government Code, is amended by |
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| 10 | 10 | | adding Subchapter H to read as follows: |
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| 11 | 11 | | SUBCHAPTER H. STATE AGENCY LEAVE POLICY |
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| 12 | 12 | | Sec. 661.251. DEFINITION. In this subchapter, "state |
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| 13 | 13 | | agency" has the meaning assigned by Section 661.001. |
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| 14 | 14 | | Sec. 661.252. AGENCY POLICY. (a) A state agency shall |
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| 15 | 15 | | adopt a policy governing leave for employees under this chapter. |
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| 16 | 16 | | (b) The policy must provide clear and objective guidelines |
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| 17 | 17 | | to establish under what circumstances an employee of the agency may |
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| 18 | 18 | | be entitled to or granted each type of leave provided by this |
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| 19 | 19 | | chapter. |
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| 20 | 20 | | (c) The state agency shall post the policy adopted under |
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| 21 | 21 | | this section on the agency's Internet website in a location easily |
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| 22 | 22 | | accessible by the agency's employees and the public. |
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| 23 | 23 | | SECTION 2. Section 661.902, Government Code, is amended by |
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| 24 | 24 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 25 | 25 | | follows: |
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| 26 | 26 | | (b) The administrative head of an agency may determine that |
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| 27 | 27 | | a reason other than a reason [that] described by Subsection (a) is |
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| 28 | 28 | | sufficient for granting emergency leave. Subject to the provisions |
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| 29 | 29 | | of this subsection, the administrative head [and] shall grant an |
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| 30 | 30 | | emergency leave to an employee who the administrative head |
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| 31 | 31 | | determines has shown good cause for taking emergency leave. The |
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| 32 | 32 | | administrative head may not grant an emergency leave to an employee |
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| 33 | 33 | | under this subsection unless the administrative head believes in |
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| 34 | 34 | | good faith that the employee being granted the emergency leave |
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| 35 | 35 | | intends to return to the employee's position with the agency on |
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| 36 | 36 | | expiration of the period of emergency leave. |
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| 37 | 37 | | (c) Not later than October 1 of each year, the |
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| 38 | 38 | | administrative head of an agency shall report to the comptroller |
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| 39 | 39 | | the name and position of each employee of the agency who was granted |
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| 40 | 40 | | more than 32 hours of emergency leave during the previous state |
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| 41 | 41 | | fiscal year, the reason for which the employee was granted the |
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| 42 | 42 | | emergency leave, and the total number of hours of emergency leave |
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| 43 | 43 | | granted to the employee in that state fiscal year. |
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| 44 | 44 | | SECTION 3. Subchapter C, Chapter 2101, Government Code, is |
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| 45 | 45 | | amended by adding Section 2101.042 to read as follows: |
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| 46 | 46 | | Sec. 2101.042. LEAVE REPORTING. (a) As part of the |
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| 47 | 47 | | centralized accounting and payroll system or any successor system |
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| 48 | 48 | | used to implement the enterprise resource planning component of the |
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| 49 | 49 | | uniform statewide accounting project developed under Sections |
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| 50 | 50 | | 2101.031, 2101.035, and 2101.036, the comptroller shall adopt a |
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| 51 | 51 | | uniform system for use by each state agency to report leave taken by |
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| 52 | 52 | | the agency's employees. The system adopted by the comptroller must |
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| 53 | 53 | | include standardized accounting codes for each type of leave |
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| 54 | 54 | | authorized under Chapter 661. |
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| 55 | 55 | | (b) Each state agency shall use the uniform system adopted |
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| 56 | 56 | | by the comptroller under this section. |
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| 57 | 57 | | SECTION 4. Section 661.902(b), Government Code, as amended |
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| 58 | 58 | | by this Act, applies only to a grant of emergency leave made on or |
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| 59 | 59 | | after the effective date of this Act. A grant of emergency leave |
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| 60 | 60 | | made before the effective date of this Act is governed by the law in |
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| 61 | 61 | | effect on the date the emergency leave was granted, and the former |
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| 62 | 62 | | law is continued in effect for that purpose. |
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| 63 | 63 | | SECTION 5. The first report required under Section |
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| 64 | 64 | | 661.902(c), Government Code, as added by this Act, is due October 1, |
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| 65 | 65 | | 2017, and must cover the period from September 1, 2016, to August |
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| 66 | 66 | | 31, 2017. |
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| 67 | 67 | | SECTION 6. This Act takes effect September 1, 2017. |
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