HBA-NLM H.B. 2943 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2943
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 may prevent
employees from being able to use accrued compensation time within the
authorized time limitations.  H.B. 2590 provides that an employee of the
Texas Department of Criminal Justice (department) who accrues compensatory
time and is unable to take the time off because of the department'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 department 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
department, if the employee leaves employment with the department. 

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 Chapter 493, Government Code, by adding Section
493.0075, as follows: 

Sec. 493.0075.  EMPLOYEE COMPENSATORY TIME.  Provides that an employee of
the Texas Department of Criminal Justice (department) who accrues
compensatory time and is unable to take the time off because of the
department'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 department to
deduct from an employee's accumulated compensatory time only time the
employee takes off.  Requires the department 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 department, if the employee
leaves employment with the department. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.