By: Dominguez H.B. No. 101
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a one-time payment for certain state-employed essential
  workers; making an appropriation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  DEFINITIONS. In this Act:
               (1)  "Comptroller" means the state comptroller of
  public accounts.
               (2)  "Eligible essential state employee" means an
  individual who:
                     (A)  is a state employee; and
                     (B)  was, during any part of the qualifying
  period, an eligible worker.
               (3)  "Eligible worker" means a state employee who was
  designated under 42 U.S.C. Section 802 as an essential critical
  infrastructure worker.
               (4)  "Qualifying period" means the period beginning at
  12:01 a.m. on March 13, 2020, and ending at 11:59 p.m. on September
  13, 2021.
               (5)  "State agency" means a department, commission,
  board, office, or other agency in the executive branch of state
  government that is created by the constitution or a statute of this
  state.
               (6)  "State employee" means an employee of a state
  agency.
         SECTION 2.  ESSENTIAL WORKER PAYMENT; AMOUNT. (a) An
  eligible essential state employee is entitled to an essential
  worker payment.
         (b)  The amount of the essential worker payment to which an
  eligible essential state employee is entitled is equal to the
  lesser of:
               (1)  the product of:
                     (A)  $2.00; and
                     (B)  the number of hours the eligible essential
  state employee worked for the state during the qualifying period
  while designated an eligible worker; or
               (2)  $8,000.
         (c)  An essential worker payment is in addition to any other
  salary or wage to which eligible essential state employees are
  entitled under the terms of their employment.
         SECTION 3.  DETERMINATION OF ELIGIBILITY. The comptroller,
  in consultation with the Legislative Budget Board and the State
  Auditor's Office, shall by rule establish the process to be used to:
               (1)  determine which state employees are eligible
  essential state employees;
               (2)  determine the amount of the essential worker
  payment to which each eligible essential state employee is
  entitled; and
               (3)  distribute money to state agencies to make
  essential worker payments to eligible essential state employees
  employed by the agencies.
         SECTION 4.  APPROPRIATION; USE OF APPROPRIATED MONEY. (a)
  Notwithstanding Chapter 1053 (S.B. 1), Acts of the 87th
  Legislature, Regular Session, 2021 (the General Appropriations
  Act), or any other law, the amount necessary to provide an essential
  worker payment to each eligible essential state employee under
  Section 2 of this Act is appropriated from federal money provided to
  this state from the Coronavirus State and Local Fiscal Recovery
  Funds under Section 9901 of the American Rescue Plan Act of 2021
  (Pub. L. No. 117-2) to the comptroller for the two-year period
  beginning on the effective date of this Act for distribution to
  state agencies on the basis of the number of eligible essential
  state employees employed by each state agency on September 1, 2021.
  The comptroller shall distribute the money appropriated by this
  section as soon as practicable after the effective date of this Act.
         (b)  A state agency may use money distributed under
  Subsection (a) of this section only to provide essential worker
  payments to eligible essential state employees employed by the
  agency in accordance with Section 2 of this Act.
         SECTION 5.  EXPIRATION. This Act expires February 1, 2024.
         SECTION 6.  EFFECTIVE DATE. This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution.  If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect on the 91st day after the
  last day of the legislative session.