Bill Text: TX SB1355 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to compensation and leave for certain peace officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-25 - Corrected comm. report printed & distributed [SB1355 Detail]
Download: Texas-2015-SB1355-Introduced.html
Bill Title: Relating to compensation and leave for certain peace officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-25 - Corrected comm. report printed & distributed [SB1355 Detail]
Download: Texas-2015-SB1355-Introduced.html
84R8635 AAF-F | ||
By: Hinojosa | S.B. No. 1355 |
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relating to compensation and leave for certain peace officers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 5, Alcoholic Beverage | ||
Code, is amended by adding Section 5.21 to read as follows: | ||
Sec. 5.21. DONATION OF ACCRUED COMPENSATORY TIME OR ACCRUED | ||
ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. (a) The administrator | ||
shall allow a peace officer employed by the commission to | ||
voluntarily transfer to a legislative leave pool up to eight hours | ||
of compensatory time or annual leave per year earned by the peace | ||
officer. | ||
(b) The administrator or the administrator's designee shall | ||
administer the legislative leave pool. | ||
(c) The commission shall adopt rules and prescribe | ||
procedures relating to the operation of the legislative leave pool. | ||
(d) The administrator or the administrator's designee shall | ||
credit the legislative leave pool with the amount of time | ||
contributed by a peace officer and deduct a corresponding amount of | ||
time from the peace officer's earned compensatory time or annual | ||
leave as if the peace officer had used the time for personal | ||
purposes. | ||
(e) A peace officer is entitled to use time contributed to | ||
the legislative leave pool if the peace officer uses the time for | ||
legislative leave on behalf of a law enforcement association of at | ||
least 50 active or retired members governed by a board of directors. | ||
(f) The administrator or the administrator's designee shall | ||
transfer time from the pool to the peace officer and credit the time | ||
to the peace officer. | ||
(g) A peace officer may only withdraw time from the | ||
legislative leave pool in coordination with and with the consent of | ||
the president or designee of the law enforcement association | ||
described in Subsection (e). A peace officer may not draw more than | ||
80 hours from the pool in a 160-hour work cycle and may not draw more | ||
than 480 hours from the pool in a fiscal year. | ||
(h) A peace officer shall use time from the legislative | ||
leave pool in accordance with rules adopted by the commission. | ||
SECTION 2. Section 402.009, Government Code, is amended to | ||
read as follows: | ||
Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE | ||
OFFICERS. (a) The attorney general may employ and commission peace | ||
officers as investigators for the limited purpose of assisting the | ||
attorney general in carrying out the duties of that office relating | ||
to prosecution assistance and crime prevention. | ||
(b) The attorney general shall ensure that a commissioned | ||
peace officer employed as authorized under Subsection (a) is | ||
compensated according to Schedule C of the position classification | ||
salary schedule prescribed by the General Appropriations Act. | ||
SECTION 3. Subchapter A, Chapter 402, Government Code, is | ||
amended by adding Section 402.0095 to read as follows: | ||
Sec. 402.0095. DONATION OF ACCRUED COMPENSATORY TIME OR | ||
ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. (a) The attorney | ||
general shall allow a peace officer employed by the office of the | ||
attorney general to voluntarily transfer to a legislative leave | ||
pool up to eight hours of compensatory time or annual leave per year | ||
earned by the peace officer. | ||
(b) The attorney general or the attorney general's designee | ||
shall administer the legislative leave pool. | ||
(c) The attorney general shall adopt rules and prescribe | ||
procedures relating to the operation of the legislative leave pool. | ||
(d) The attorney general or the attorney general's designee | ||
shall credit the legislative leave pool with the amount of time | ||
contributed by a peace officer and deduct a corresponding amount of | ||
time from the peace officer's earned compensatory time or annual | ||
leave as if the peace officer had used the time for personal | ||
purposes. | ||
(e) A peace officer is entitled to use time contributed to | ||
the legislative leave pool if the peace officer uses the time for | ||
legislative leave on behalf of a law enforcement association of at | ||
least 50 active or retired members governed by a board of directors. | ||
(f) The attorney general or the attorney general's designee | ||
shall transfer time from the pool to the peace officer and credit | ||
the time to the peace officer. | ||
(g) A peace officer may only withdraw time from the | ||
legislative leave pool in coordination with and with the consent of | ||
the president or designee of the law enforcement association | ||
described in Subsection (e). A peace officer may not draw more than | ||
80 hours from the pool in a 160-hour work cycle and may not draw more | ||
than 480 hours from the pool in a fiscal year. | ||
(h) A peace officer shall use time from the legislative | ||
leave pool in accordance with rules adopted by the attorney | ||
general. | ||
SECTION 4. Section 659.301(5), Government Code, is amended | ||
to read as follows: | ||
(5) "State employee" means an individual who: | ||
(A) is a commissioned law enforcement officer of | ||
the Department of Public Safety, the Texas Facilities Commission, | ||
the Texas Alcoholic Beverage Commission, [ |
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of Criminal Justice, or the attorney general; | ||
(B) is a commissioned security officer of the | ||
comptroller; | ||
(C) is a law enforcement officer commissioned by | ||
the Parks and Wildlife Commission; | ||
(D) is a commissioned peace officer of an | ||
institution of higher education; | ||
(E) is an employee or official of the Board of | ||
Pardons and Paroles or the parole division of the Texas Department | ||
of Criminal Justice if the employee or official has routine direct | ||
contact with inmates of any penal or correctional institution or | ||
with administratively released prisoners subject to the board's | ||
jurisdiction; | ||
(F) has been certified to the Employees | ||
Retirement System of Texas under Section 815.505 as having begun | ||
employment as a law enforcement officer or custodial officer, | ||
unless the individual has been certified to the system as having | ||
ceased employment as a law enforcement officer or custodial | ||
officer; or | ||
(G) before May 29, 1987, received hazardous duty | ||
pay based on the terms of any state law if the individual holds a | ||
position designated under that law as eligible for the pay. | ||
SECTION 5. Section 661.918(a), Government Code, is amended | ||
to read as follows: | ||
(a) This section applies to a peace officer under Article | ||
2.12, Code of Criminal Procedure, who is commissioned as a law | ||
enforcement officer or agent, including a ranger, by: | ||
(1) the Public Safety Commission and the director of | ||
the Department of Public Safety; | ||
(2) the Parks and Wildlife Commission; [ |
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(3) the Texas Alcoholic Beverage Commission; or | ||
(4) the attorney general. | ||
SECTION 6. Subchapter B, Chapter 11, Parks and Wildlife | ||
Code, is amended by adding Section 11.0183 to read as follows: | ||
Sec. 11.0183. DONATION OF ACCRUED COMPENSATORY TIME OR | ||
ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. (a) The director | ||
shall allow a peace officer employed by the department to | ||
voluntarily transfer to a legislative leave pool up to eight hours | ||
of compensatory time or annual leave per year earned by the peace | ||
officer. | ||
(b) The director or the director's designee shall | ||
administer the legislative leave pool. | ||
(c) The commission shall adopt rules and prescribe | ||
procedures relating to the operation of the legislative leave pool. | ||
(d) The director or the director's designee shall credit the | ||
legislative leave pool with the amount of time contributed by a | ||
peace officer and deduct a corresponding amount of time from the | ||
peace officer's earned compensatory time or annual leave as if the | ||
peace officer had used the time for personal purposes. | ||
(e) A peace officer is entitled to use time contributed to | ||
the legislative leave pool if the peace officer uses the time for | ||
legislative leave on behalf of a law enforcement association of at | ||
least 350 active or retired members governed by a board of | ||
directors. | ||
(f) The director or the director's designee shall transfer | ||
time from the pool to the peace officer and credit the time to the | ||
peace officer. | ||
(g) A peace officer may only withdraw time from the | ||
legislative leave pool in coordination with and with the consent of | ||
the president or designee of the law enforcement association | ||
described in Subsection (e). A peace officer may not draw more than | ||
80 hours from the pool in a 160-hour work cycle and may not draw more | ||
than 480 hours from the pool in a fiscal year. | ||
(h) A peace officer shall use time from the legislative | ||
leave pool in accordance with rules adopted by the commission. | ||
SECTION 7. (a) The classification officer in the office of | ||
the state auditor shall classify the position of commissioned peace | ||
officer employed as an investigator by the Office of the Attorney | ||
General as a Schedule C position under the Texas Position | ||
Classification Plan, 1961. | ||
(b) The change made by the classification officer as | ||
required by this section applies beginning in the state fiscal | ||
biennium beginning September 1, 2015. | ||
(c) This section expires September 1, 2017. | ||
SECTION 8. Section 661.918(a), Government Code, as amended | ||
by this Act, applies only to an injury that occurs on or after the | ||
effective date of this Act. | ||
SECTION 9. This Act takes effect September 1, 2015. |