Texas 2023 - 88th Regular

Texas House Bill HB599 Compare Versions

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1	1	88R55 YDB-D
2	2	By: Shaheen H.B. No. 599
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to holidays for state employees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1.006(f)(2), Election Code, is amended
10	10	to read as follows:
11	11	(2) "State holiday" means a state holiday under
12	12	Sections 662.003(b)(1) through (5) [(6)], Government Code.
13	13	SECTION 2. Sections 661.035(a) and (b), Government Code,
14	14	are amended to read as follows:
15	15	(a) For a state employee who at the time of death is normally
16	16	scheduled to work at least 40 hours a week, eight hours is to be
17	17	added to the employee's sick and vacation leave under Section
18	18	661.034 for each state or national holiday that is scheduled to fall
19	19	within the period after the date of death and during which the
20	20	employee could have used leave and for the floating holiday under
21	21	Section 662.006 if the employee did not receive a paid day off for
22	22	the holiday during the fiscal year in which the state employee died.
23	23	To determine the period during which leave could have been used and
24	24	the number of state or national holidays, the employee's leave is
25	25	allocated over the workdays after the employee's death and eight
26	26	hours is added as a state or national holiday occurs during the
27	27	period.
28	28	(b) For a state employee who at the time of death is normally
29	29	scheduled to work fewer than 40 hours a week, the number of hours
30	30	that is to be added to the employee's accumulated sick and vacation
31	31	leave for each state, floating, or national holiday is computed as
32	32	provided by Subsection (a), but is to be proportionally reduced
33	33	according to the lesser number of the employee's normally scheduled
34	34	weekly work hours.
35	35	SECTION 3. Sections 661.064(a), (b), and (c), Government
36	36	Code, are amended to read as follows:
37	37	(a) This subsection applies except as provided by
38	38	Subsection (c). For a state employee who on the date of separation
39	39	is normally scheduled to work at least 40 hours a week, eight hours
40	40	are to be added to the employee's accrued vacation time for each
41	41	state or national holiday that is scheduled to fall within the
42	42	period after the date of separation and during which the employee
43	43	could have used the time and for the floating holiday under Section
44	44	662.006 if the employee did not receive a paid day off for the
45	45	holiday during the fiscal year in which the state employee
46	46	separates from state employment. To determine the period during
47	47	which vacation time could have been used and the number of state or
48	48	national holidays, the employee's vacation time is allocated over
49	49	the workdays after the employee's separation and eight hours are
50	50	added as a state or national holiday occurs during the period.
51	51	(b) For a state employee who on the date of separation is
52	52	normally scheduled to work less than 40 hours a week, the number of
53	53	hours that is to be added to the employee's accrued vacation time
54	54	for each state, floating, or national holiday is computed as
55	55	provided by Subsection (a), but is to be proportionally reduced
56	56	according to the lesser number of the employee's normally scheduled
57	57	weekly work hours.
58	58	(c) For a state employee who is paid under this subchapter
59	59	because the separation from state employment involves a move to a
60	60	position in a state agency that does not accrue vacation time, no
61	61	hours may be added to the employee's accrued vacation time for a
62	62	state or national holiday which is scheduled to fall within the
63	63	period after the date of separation and during which the employee
64	64	could have used the time or for a floating holiday under Section
65	65	662.006.
66	66	SECTION 4. Section 662.003(b), Government Code, is amended
67	67	to read as follows:
68	68	(b) A state holiday includes only the following days:
69	69	(1) [the 19th day of January, "Confederate Heroes
70	70	Day," in honor of Jefferson Davis, Robert E. Lee, and other
71	71	Confederate heroes;
72	72	[(2)] the second day of March, "Texas Independence
73	73	Day";
74	74	(2) [(3)] the 21st day of April, "San Jacinto Day";
75	75	(3) [(4)] the 19th day of June, "Emancipation Day in
76	76	Texas," in honor of the emancipation of the slaves in Texas in 1865;
77	77	(4) [(5)] the 27th day of August, "Lyndon Baines
78	78	Johnson Day," in observance of the birthday of Lyndon Baines
79	79	Johnson;
80	80	(5) [(6)] the Friday after Thanksgiving Day;
81	81	(6) [(7)] the 24th day of December; and
82	82	(7) [(8)] the 26th day of December.
83	83	SECTION 5. The heading to Section 662.006, Government Code,
84	84	is amended to read as follows:
85	85	Sec. 662.006. ADDITIONAL FLOATING HOLIDAY [OPTIONAL
86	86	HOLIDAY].
87	87	SECTION 6. Section 662.006(a), Government Code, is amended
88	88	to read as follows:
89	89	(a) A state employee is entitled to select during a fiscal
90	90	year a paid day off from working for a state agency in addition to
91	91	the paid days off under Section 662.005 if the [An] individual [who]
92	92	is a state employee on the last workday before and [or] the first
93	93	workday after the day selected by the employee. A state employee
94	94	who selects a floating holiday under this section is entitled [an
95	95	optional holiday, or on both workdays, is entitled, except as
96	96	provided by Section 662.010,] to a paid day off from working for a
97	97	state agency on the last workday before and the first workday after
98	98	the floating holiday if:
99	99	(1) the holiday does not fall on a Saturday or Sunday;
100	100	and
101	101	(2) the employee agrees to give up, during the same
102	102	fiscal year, an equivalent number of days included as [a] state
103	103	holidays under Sections 662.003(b)(1) through (4) [holiday] that:
104	104	(A) do [does] not fall on a Saturday or Sunday;
105	105	and
106	106	(B) the General Appropriations Act does not
107	107	prohibit state agencies from observing[; and
108	108	[(3) the General Appropriations Act does not prohibit
109	109	state agencies from observing the optional holiday].
110	110	SECTION 7. Section 662.021, Government Code, is amended to
111	111	read as follows:
112	112	Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
113	113	only the following days:
114	114	(1) a national holiday under Section 662.003(a); and
115	115	(2) a state holiday under Sections 662.003(b)(1)
116	116	through (5) [(6)].
117	117	SECTION 8. The following provisions of the Government Code
118	118	are repealed:
119	119	(1) Section 662.003(c);
120	120	(2) Section 662.006(b); and
121	121	(3) Section 662.013.
122	122	SECTION 9. The changes in law made by this Act apply only to
123	123	a separation from state employment or a death of a state employee
124	124	that occurs on or after the effective date of this Act. A
125	125	separation or death that occurs before that date is governed by the
126	126	law in effect at the time of the separation or death, and the former
127	127	law is continued in effect for that purpose.
128	128	SECTION 10. This Act takes effect September 1, 2023.