HBA-TBM S.B. 453 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 453
By: Armbrister
Business & Industry
4/5/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Transportation (TxDOT) is the only state
agency that does not have statutory authority to allow employees to use
sick leave and annual leave in lieu of receiving workers' compensation
benefits.  Thus, if requested, TxDOT would be required to make duplicate
payments to employees for both workers' compensation and leave time.
Payments in such a case would actually total more than the employee's
regular salary.  Senate Bill 453 authorizes an employee of TxDOT to use
leave time before receiving workers' compensation benefits.   

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. 

ANALYSIS

Senate Bill 453 amends the Labor Code to authorize an employee of the Texas
Department of Transportation (TxDOT) to use accrued sick leave before
receiving workers' compensation benefits.  If a TxDOT employee elects to
use sick leave, the employee is not entitled to workers' compensation
benefits until the employee exhausts  the accrued sick leave.  The bill
authorizes a TxDOT employee to use all or any number of weeks of accrued
annual leave after the employee's accrued sick leave is exhausted. If a
TxDOT employee elects to use annual leave, the employee is not entitled to
workers' compensation benefits until the elected number of weeks of leave
have been exhausted. 

EFFECTIVE DATE

September 1, 2001.