HBA-NLM H.B. 2590 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2590 By: Ellis, Dan Appropriations 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, state employees must use compensatory time within one year of the date the time was accrued. However, staffing requirements of some agencies may prevent employees from being able to use accrued compensation time within the authorized time limitations. H.B. 2590 provides that an employee of a state agency who accrues compensatory time and is unable to take the time off because of the agency's staffing requirements is not subject to any limitation on the amount of unused compensatory time that may be accumulated or transferred from one fiscal year to the next. In addition, this bill requires the agency to pay an employee or an employee's estate, as applicable, for all the employee's unused compensatory time at the rate equal to the hourly rate of pay earned by the employee on the last day of employment with the agency, if the employee leaves employment with the state agency. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter F, Chapter 661, Government Code, by adding Section 661.152, as follows: Sec. 661.152. EMPLOYEE COMPENSATORY TIME. Defines "employee" and "state agency." Provides that an employee of a state agency who accrues compensatory time and is unable to take the time off because of the agency's staffing requirements is not subject to any limitation on the amount of unused compensatory time that may be accumulated or transferred from one fiscal year to the next, notwithstanding any contrary provision in the General Appropriations Act or other law. Authorizes the agency to deduct from an employee's accumulated compensatory time only time the employee takes off. Requires the agency to pay an employee or an employee's estate, as applicable, for all the employee's unused compensatory time at the rate equal to the hourly rate of pay earned by the employee on the last day of employment with the agency, if the employee leaves employment with the state agency. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.