Bill Text: TX HB2757 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the donation of sick leave by state employees.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2017-05-24 - Placed on intent calendar [HB2757 Detail]
Download: Texas-2017-HB2757-Comm_Sub.html
By: Turner, Guillen (Senate Sponsor - Creighton) | H.B. No. 2757 | |
(In the Senate - Received from the House May 15, 2017; | ||
May 15, 2017, read first time and referred to Committee on Business & | ||
Commerce; May 21, 2017, reported favorably by the following vote: | ||
Yeas 8, Nays 0; May 21, 2017, sent to printer.) | ||
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relating to the donation of sick leave by state employees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 661.002(a), Government Code, is amended | ||
to read as follows: | ||
(a) The governing body of a state agency shall, through the | ||
establishment of a program, allow an agency employee to voluntarily | ||
transfer to a sick leave pool: | ||
(1) sick leave earned by the employee; and | ||
(2) sick leave donated to the employee under Section | ||
661.207. | ||
SECTION 2. Section 661.003(a), Government Code, is amended | ||
to read as follows: | ||
(a) An employee may contribute to the sick leave pool: | ||
(1) one or more days of the employee's accrued sick | ||
leave; and | ||
(2) sick leave donated to the employee under Section | ||
661.207. | ||
SECTION 3. Section 661.207, Government Code, is amended to | ||
read as follows: | ||
Sec. 661.207. DONATION OF SICK LEAVE. (a) An employee may | ||
donate any amount of the employee's accrued sick leave to another | ||
employee who is: | ||
(1) [ |
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employee; and | ||
(2) eligible to receive donated sick leave under | ||
Subsection (b) [ |
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(b) An employee is eligible to receive donated sick leave | ||
under this section if: | ||
(1) the employee complies with Subsection (c); | ||
(2) the employee is experiencing a medical emergency | ||
or is caring for a member of the employee's immediate family who is | ||
experiencing a medical emergency; and | ||
(3) as a result of the medical emergency, the employee | ||
has exhausted all paid leave available to the employee, including | ||
any time the employee is eligible to withdraw from a sick leave | ||
pool. | ||
(c) An employee who requests donated sick leave under this | ||
section must provide the employing state agency with a written | ||
statement from the licensed practitioner who is treating the | ||
employee or a member of the employee's immediate family. The | ||
statement must provide sufficient information regarding the | ||
condition of the employee or the employee's family member to enable | ||
the agency to determine whether the employee or the employee's | ||
family member is experiencing a medical emergency. | ||
(d) An employee may not provide or receive remuneration or a | ||
gift in exchange for a sick leave donation under this section. | ||
(e) Notwithstanding any other law, an [ |
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who receives donated sick leave under this section may not[ |
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credit in the Employees Retirement System of Texas for any sick | ||
leave donated to the employee under this section that is unused on | ||
the last day of that employee's employment. | ||
(f) For purposes of this section, a person is a member of an | ||
employee's immediate family if the person would be considered a | ||
member of the employee's immediate family under Section 661.202(d). | ||
(g) [ |
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(1) "Employee" [ |
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the meanings assigned by Section 661.001. | ||
(2) "Medical emergency" means a severe medical | ||
condition that: | ||
(A) affects the mental or physical health of an | ||
employee or a member of the employee's immediate family; | ||
(B) requires treatment by a licensed | ||
practitioner; and | ||
(C) requires the employee's prolonged absence | ||
from work. | ||
SECTION 4. The change in law made by this Act applies only | ||
to a donation of sick leave that is made on or after the effective | ||
date of this Act. A donation of sick leave made before the | ||
effective date of this Act is governed by the law in effect when the | ||
sick leave was donated, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2017. | ||
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