Texas 2023 - 88th Regular

Texas House Bill HB995 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 995
2	2
3	3
4	4	AN ACT
5	5	relating to sheriff's department disability leave in certain
6	6	counties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 158, Local Government
9	9	Code, is amended by adding Sections 158.041 and 158.042 to read as
10	10	follows:
11	11	Sec. 158.041. ILLNESS OR INJURY LEAVE OF ABSENCE. (a) A
12	12	county shall provide to an employee a leave of absence for an
13	13	illness or injury related to the employee's activities performed in
14	14	the line of duty. The leave is with full pay for a period
15	15	commensurate with the nature of the line of duty illness or injury.
16	16	If necessary, the leave shall continue for at least one year.
17	17	(b) At the end of the one-year period, the commissioners
18	18	court of the county may extend the line of duty illness or injury
19	19	leave at full or reduced pay. If the employee's leave is not
20	20	extended or the employee's salary is reduced below 60 percent of the
21	21	employee's regular monthly salary, and the employee is a member of a
22	22	pension fund, the employee may retire on pension until the employee
23	23	is able to return to duty.
24	24	(c) If pension benefits are not available to an employee who
25	25	is temporarily disabled by a line of duty injury or illness and if
26	26	the year at full pay and any extensions granted by the commissioners
27	27	court have expired, the employee may use accumulated sick leave,
28	28	vacation time, and other accumulated time before the employee is
29	29	placed on temporary leave.
30	30	(d) If an employee is temporarily disabled by an injury or
31	31	illness that is not related to activities performed in the
32	32	employee's line of duty, the employee may use all sick leave,
33	33	vacation time, and other accumulated time before the employee is
34	34	placed on temporary leave.
35	35	(e) After recovery from a temporary disability, an employee
36	36	shall be reinstated at the same rank and with the same seniority the
37	37	employee had before going on temporary leave.
38	38	(f) While an employee who is temporarily disabled is on
39	39	leave, another employee may voluntarily do the work of the employee
40	40	who is temporarily disabled or donate leave time to maintain the
41	41	salary for the employee who is temporarily disabled until the
42	42	temporarily disabled employee returns to duty.
43	43	Sec. 158.042. REAPPOINTMENT AFTER RECOVERY FROM
44	44	DISABILITY. With the commission's approval and if otherwise
45	45	qualified, an employee who has been certified by a physician
46	46	selected by a pension fund as having recovered from a disability for
47	47	which the employee has been receiving a monthly disability pension
48	48	is eligible for reappointment to the classified position that the
49	49	employee held on the date the employee qualified for the monthly
50	50	disability pension.
51	51	SECTION 2. This Act takes effect immediately if it receives
52	52	a vote of two-thirds of all the members elected to each house, as
53	53	provided by Section 39, Article III, Texas Constitution. If this
54	54	Act does not receive the vote necessary for immediate effect, this
55	55	Act takes effect September 1, 2023.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I certify that H.B. No. 995 was passed by the House on April
59	59	20, 2023, by the following vote: Yeas 139, Nays 7, 1 present, not
60	60	voting.
61	61	______________________________
62	62	Chief Clerk of the House
63	63	I certify that H.B. No. 995 was passed by the Senate on May
64	64	21, 2023, by the following vote: Yeas 30, Nays 1.
65	65	______________________________
66	66	Secretary of the Senate
67	67	APPROVED: _____________________
68	68	Date
69	69	_____________________
70	70	Governor