84R8635 AAF-F
	By: Hinojosa	S.B. No. 1355

	A BILL TO BE ENTITLED
	AN ACT
	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, [or] the Texas Department
	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; [or]
	(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.