Texas 2017 - 85th Regular

Texas Senate Bill SB2018 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3289 TSR-D
2	2	By: Creighton S.B. No. 2018
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the donation of sick leave by state employees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 661.002(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) The governing body of a state agency shall, through the
12	12	establishment of a program, allow an agency employee to voluntarily
13	13	transfer to a sick leave pool:
14	14	(1) sick leave earned by the employee; and
15	15	(2) sick leave donated to the employee under Section
16	16	661.207.
17	17	SECTION 2. Section 661.003(a), Government Code, is amended
18	18	to read as follows:
19	19	(a) An employee may contribute to the sick leave pool:
20	20	(1) one or more days of the employee's accrued sick
21	21	leave; and
22	22	(2) sick leave donated to the employee under Section
23	23	661.207.
24	24	SECTION 3. Section 661.207, Government Code, is amended to
25	25	read as follows:
26	26	Sec. 661.207. DONATION OF SICK LEAVE. (a) An employee may
27	27	donate any amount of the employee's accrued sick leave to another
28	28	employee who is:
29	29	(1) [is] employed in the same state agency as the donor
30	30	employee; and
31	31	(2) eligible to receive donated sick leave under
32	32	Subsection (b) [has exhausted the employee's sick leave, including
33	33	any time the individual may be eligible to withdraw from a sick
34	34	leave pool].
35	35	(b) An employee is eligible to receive donated sick leave
36	36	under this section if:
37	37	(1) the employee complies with Subsection (c); and
38	38	(2) the administrative head of the employee's
39	39	employing agency determines that:
40	40	(A) the employee is experiencing a medical
41	41	emergency or is caring for a member of the employee's immediate
42	42	family who is experiencing a medical emergency; and
43	43	(B) as a result of the medical emergency, the
44	44	employee has exhausted all paid leave available to the employee,
45	45	including any time the employee is eligible to withdraw from a sick
46	46	leave pool.
47	47	(c) An employee who requests donated sick leave under this
48	48	section must provide the administrative head of the employing
49	49	agency with a written statement from the licensed practitioner who
50	50	is treating the employee or a member of the employee's immediate
51	51	family. The statement must provide sufficient information
52	52	regarding the condition of the employee or the employee's family
53	53	member to enable the administrative head to determine whether the
54	54	employee or the employee's family member is experiencing a medical
55	55	emergency.
56	56	(d) An employee may not provide or receive remuneration or a
57	57	gift in exchange for a sick leave donation under this section.
58	58	(e) Notwithstanding any other law, an [(c) An] employee
59	59	who receives donated sick leave under this section may not[:
60	60	[(1) use sick leave donated to the employee under this
61	61	section except as provided by Sections 661.202(d) and (e); or
62	62	[(2) notwithstanding any other law,] receive service
63	63	credit in the Employees Retirement System of Texas for any sick
64	64	leave donated to the employee under this section that is unused on
65	65	the last day of that employee's employment.
66	66	(f) For purposes of this section, a person is a member of an
67	67	employee's immediate family if the person would be considered a
68	68	member of the employee's immediate family under Section 661.202(d).
69	69	(g) [(d)] In this section:
70	70	(1) "Employee" [, "employee"] and "state agency" have
71	71	the meanings assigned by Section 661.001.
72	72	(2) "Medical emergency" means a severe medical
73	73	condition that:
74	74	(A) affects the mental or physical health of an
75	75	employee or a member of the employee's immediate family;
76	76	(B) requires treatment by a licensed
77	77	practitioner; and
78	78	(C) requires the employee's prolonged absence
79	79	from work.
80	80	SECTION 4. The change in law made by this Act applies only
81	81	to a donation of sick leave that is made on or after the effective
82	82	date of this Act. A donation of sick leave made before the
83	83	effective date of this Act is governed by the law in effect when the
84	84	sick leave was donated, and the former law is continued in effect
85	85	for that purpose.
86	86	SECTION 5. This Act takes effect September 1, 2017.