88R55 YDB-D
By: Shaheen H.B. No. 599
A BILL TO BE ENTITLED
AN ACT
relating to holidays for state employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.006(f)(2), Election Code, is amended
to read as follows:
(2) "State holiday" means a state holiday under
Sections 662.003(b)(1) through (5) [(6)], Government Code.
SECTION 2. Sections 661.035(a) and (b), Government Code,
are amended to read as follows:
(a) For a state employee who at the time of death is normally
scheduled to work at least 40 hours a week, eight hours is to be
added to the employee's sick and vacation leave under Section
661.034 for each state or national holiday that is scheduled to fall
within the period after the date of death and during which the
employee could have used leave and for the floating holiday under
Section 662.006 if the employee did not receive a paid day off for
the holiday during the fiscal year in which the state employee died.
To determine the period during which leave could have been used and
the number of state or national holidays, the employee's leave is
allocated over the workdays after the employee's death and eight
hours is added as a state or national holiday occurs during the
period.
(b) For a state employee who at the time of death is normally
scheduled to work fewer than 40 hours a week, the number of hours
that is to be added to the employee's accumulated sick and vacation
leave for each state, floating, or national holiday is computed as
provided by Subsection (a), but is to be proportionally reduced
according to the lesser number of the employee's normally scheduled
weekly work hours.
SECTION 3. Sections 661.064(a), (b), and (c), Government
Code, are amended to read as follows:
(a) This subsection applies except as provided by
Subsection (c). For a state employee who on the date of separation
is normally scheduled to work at least 40 hours a week, eight hours
are to be added to the employee's accrued vacation time for each
state or national holiday that is scheduled to fall within the
period after the date of separation and during which the employee
could have used the time and for the floating holiday under Section
662.006 if the employee did not receive a paid day off for the
holiday during the fiscal year in which the state employee
separates from state employment. To determine the period during
which vacation time could have been used and the number of state or
national holidays, the employee's vacation time is allocated over
the workdays after the employee's separation and eight hours are
added as a state or national holiday occurs during the period.
(b) For a state employee who on the date of separation is
normally scheduled to work less than 40 hours a week, the number of
hours that is to be added to the employee's accrued vacation time
for each state, floating, or national holiday is computed as
provided by Subsection (a), but is to be proportionally reduced
according to the lesser number of the employee's normally scheduled
weekly work hours.
(c) For a state employee who is paid under this subchapter
because the separation from state employment involves a move to a
position in a state agency that does not accrue vacation time, no
hours may be added to the employee's accrued vacation time for a
state or national holiday which is scheduled to fall within the
period after the date of separation and during which the employee
could have used the time or for a floating holiday under Section
662.006.
SECTION 4. Section 662.003(b), Government Code, is amended
to read as follows:
(b) A state holiday includes only the following days:
(1) [the 19th day of January, "Confederate Heroes
Day," in honor of Jefferson Davis, Robert E. Lee, and other
Confederate heroes;
[(2)] the second day of March, "Texas Independence
Day";
(2) [(3)] the 21st day of April, "San Jacinto Day";
(3) [(4)] the 19th day of June, "Emancipation Day in
Texas," in honor of the emancipation of the slaves in Texas in 1865;
(4) [(5)] the 27th day of August, "Lyndon Baines
Johnson Day," in observance of the birthday of Lyndon Baines
Johnson;
(5) [(6)] the Friday after Thanksgiving Day;
(6) [(7)] the 24th day of December; and
(7) [(8)] the 26th day of December.
SECTION 5. The heading to Section 662.006, Government Code,
is amended to read as follows:
Sec. 662.006. ADDITIONAL FLOATING HOLIDAY [OPTIONAL
HOLIDAY].
SECTION 6. Section 662.006(a), Government Code, is amended
to read as follows:
(a) A state employee is entitled to select during a fiscal
year a paid day off from working for a state agency in addition to
the paid days off under Section 662.005 if the [An] individual [who]
is a state employee on the last workday before and [or] the first
workday after the day selected by the employee. A state employee
who selects a floating holiday under this section is entitled [an
optional holiday, or on both workdays, is entitled, except as
provided by Section 662.010,] to a paid day off from working for a
state agency on the last workday before and the first workday after
the floating holiday if:
(1) the holiday does not fall on a Saturday or Sunday;
and
(2) the employee agrees to give up, during the same
fiscal year, an equivalent number of days included as [a] state
holidays under Sections 662.003(b)(1) through (4) [holiday] that:
(A) do [does] not fall on a Saturday or Sunday;
and
(B) the General Appropriations Act does not
prohibit state agencies from observing[; and
[(3) the General Appropriations Act does not prohibit
state agencies from observing the optional holiday].
SECTION 7. Section 662.021, Government Code, is amended to
read as follows:
Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
only the following days:
(1) a national holiday under Section 662.003(a); and
(2) a state holiday under Sections 662.003(b)(1)
through (5) [(6)].
SECTION 8. The following provisions of the Government Code
are repealed:
(1) Section 662.003(c);
(2) Section 662.006(b); and
(3) Section 662.013.
SECTION 9. The changes in law made by this Act apply only to
a separation from state employment or a death of a state employee
that occurs on or after the effective date of this Act. A
separation or death that occurs before that date is governed by the
law in effect at the time of the separation or death, and the former
law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2023.