reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 660 - Travel Expenses › Subchapter H. Travel by Certain Persons › Section 660.209. State Emergency Services Personnel

Sec. 660.209.  STATE EMERGENCY SERVICES PERSONNEL.  (a)  In this section, "emergency services personnel" includes firefighters, police officers and other peace officers, emergency medical technicians, emergency management personnel, and other individuals who are required, in the course and scope of their employment, to provide services for the benefit of the general public during emergency situations.
(b)  Notwithstanding any other provision of this chapter or the General Appropriations Act, a state employee who is emergency services personnel and who is deployed to a temporary duty station to conduct emergency or disaster response activities is entitled to reimbursement for the actual expense of lodging when there is no room available at the state rate within reasonable proximity to the employee's temporary duty station.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 4.02, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. State Employee Sick Leave Pool › Section 661.001. Definitions

Sec. 661.001.  DEFINITIONS.  In this subchapter:
(1)  "Employee" means an individual, other than a state officer, employed by a state agency.
(2)  "Executive director" means the individual appointed by the governing body of a state agency as chief administrative officer of the agency and includes the chancellor or highest executive officer of a university system and the president of a public senior college or university as defined by Section 61.003, Education Code.
(3)  "Pool administrator" means the individual appointed by the governing body of a state agency to administer the agency's sick leave pool.
(4)  "State agency" means:
(A)  a board, commission, department, or other agency in the executive branch of state government created by the constitution or a statute of the state;
(B)  an institution of higher education as defined by Section 61.003, Education Code;
(C)  a legislative agency, but not either house or a member of the legislature;  or
(D)  the supreme court, the court of criminal appeals, a court of appeals, or a state judicial agency.
(5)  "State officer" means an elected or appointed officer of a state agency or an executive director.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 14, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. State Employee Sick Leave Pool › Section 661.002. Sick Leave Pool

Sec. 661.002.  SICK LEAVE POOL.  (a)  The governing body of a state agency shall, through the establishment of a program, allow an agency employee to voluntarily transfer to a sick leave pool sick leave earned by the employee.
(b)  The executive director of the agency or another individual appointed by the governing body shall administer the sick leave pool.
(c)  The governing body of the state agency shall adopt rules and prescribe procedures relating to the operation of the agency sick leave pool.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. State Employee Sick Leave Pool › Section 661.003. Contribution to Pool

Sec. 661.003.  CONTRIBUTION TO POOL.  (a)  An employee may contribute to the sick leave pool one or more days of the employee's accrued sick leave.
(b)  The pool administrator shall credit the sick leave pool with the amount of time contributed by an employee and deduct a corresponding amount of time from the employee's earned sick leave as if the employee had used the time for personal purposes.
(c)  A retiring employee may designate the number of the retiring employee's accrued sick leave hours to be used for retirement credit and the number of the retiring employee's accrued sick leave hours to be donated on retirement to the sick leave pool.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 288, Sec. 1, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 387, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. State Employee Sick Leave Pool › Section 661.004. Use of Time in Pool

Sec. 661.004.  USE OF TIME IN POOL.  (a)  An employee is eligible to use time contributed to the sick leave pool of the agency if the employee has exhausted the employee's sick leave because of:
(1)  a catastrophic illness or injury;  or
(2)  a previous donation of time to the pool.
(b)  The board of trustees of the state employee group benefits program established under Chapter 1551, Insurance Code, shall:
(1)  classify, for the purposes of this subchapter, those injuries and illnesses that are catastrophic;  and
(2)  provide a written statement of the classification to the governing body of each state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.519, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. State Employee Sick Leave Pool › Section 661.005. Withdrawal of Time From Pool

Sec. 661.005.  WITHDRAWAL OF TIME FROM POOL.  (a)  An employee may apply to the pool administrator for permission to withdraw time from the sick leave pool.
(b)  If the employee is seeking permission to withdraw time because of a catastrophic illness or injury, the employee must provide the pool administrator with a written statement from the licensed practitioner who is treating the employee or the employee's immediate family member.  The statement must provide sufficient information regarding the illness or injury to enable the pool administrator to evaluate the employee's eligibility.
(c)  If the pool administrator determines that the employee is eligible, the administrator shall:
(1)  approve the transfer of time from the pool to the employee;  and
(2)  credit the time to the employee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1334, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. State Employee Sick Leave Pool › Section 661.006. Limitation on Withdrawals

Sec. 661.006.  LIMITATION ON WITHDRAWALS.  (a)  An employee may not withdraw time from the sick leave pool except in the case of catastrophic illness or injury of the employee or the employee's immediate family.
(b)  An employee may not withdraw time from the sick leave pool in an amount that exceeds the lesser of:
(1)  one-third of the total time in the pool;  or
(2)  90 days.
(c)  The pool administrator shall determine the amount of time that an employee may withdraw from the pool.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1334, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. State Employee Sick Leave Pool › Section 661.007. Equal Treatment

Sec. 661.007.  EQUAL TREATMENT.  An employee absent on time withdrawn from the sick leave pool may use the time as sick leave earned by the employee, and the employee is treated for all purposes as if the employee were absent on earned sick leave.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. State Employee Sick Leave Pool › Section 661.008. No Entitlement to Estate

Sec. 661.008.  NO ENTITLEMENT TO ESTATE.  The estate of a deceased employee is not entitled to payment for unused time withdrawn by the employee from the sick leave pool.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. -1. State Employee Family Leave Pool › Section 661.021. Purpose

Sec. 661.021.  PURPOSE.  The purpose of the state employee family leave program is to:
(1)  provide eligible state employees more flexibility in:
(A)  bonding with and caring for children during a child's first year following birth, adoption, or foster placement; and
(B)  caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic; and
(2)  allow employees to apply for leave time under the family leave pool.
Added by Acts 2021, 87th Leg., R.S., Ch. 684 (H.B. 2063), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. -1. State Employee Family Leave Pool › Section 661.022. Guidelines

Sec. 661.022.  GUIDELINES.  (a)  The governing body of a state agency shall, through the establishment of a program, allow an agency employee to voluntarily transfer sick or vacation leave earned by the employee to a family leave pool.
(b)  The executive head of the state agency or another individual appointed by the governing body shall administer the family leave pool.
(c)  The governing body of the state agency shall adopt rules and prescribe procedures relating to the operation of the agency family leave pool.
Added by Acts 2021, 87th Leg., R.S., Ch. 684 (H.B. 2063), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. -1. State Employee Family Leave Pool › Section 661.023. Contribution to Family Leave Pool

Sec. 661.023.  CONTRIBUTION TO FAMILY LEAVE POOL.  (a)  A state employee may contribute to the family leave pool one or more days of the employee's accrued sick or vacation leave.
(b)  The pool administrator shall credit the family leave pool with the amount of time contributed by a state employee and deduct a corresponding amount of time from the employee's earned sick or vacation leave as if the employee had used the time for personal purposes.
(c)  A retiring state employee may designate the number of the retiring employee's accrued sick or vacation leave hours to be used for retirement credit and the number of the retiring employee's accrued sick or vacation leave hours to be donated on retirement to the sick or family leave pool.
Added by Acts 2021, 87th Leg., R.S., Ch. 684 (H.B. 2063), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. -1. State Employee Family Leave Pool › Section 661.024. Use of Time in Pool

Sec. 661.024.  USE OF TIME IN POOL.  (a)  A state employee is eligible to use time contributed to the family leave pool of the state agency that employs the employee if the employee has exhausted the employee's eligible compensatory, discretionary, sick, and vacation leave because of:
(1)  the birth of a child;
(2)  the placement of a foster child or adoption of a child under 18 years of age;
(3)  the placement of any person 18 years of age or older requiring guardianship;
(4)  a serious illness to an immediate family member or the employee, including a pandemic-related illness;
(5)  an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member; or
(6)  a previous donation of time to the pool.
(b)  A state employee who applies to use time under Subsection (a) to care for another person must submit and be listed on the other person's birth certificate, birth facts, or adoption or foster paperwork for a child under 18 years of age, including being listed as the mother, father, adoptive parent, foster parent, or partner of the child's mother, adoptive parent, or foster parent,  or provide documentation that the employee is the guardian of a person who is 18 years of age or older and requiring guardianship.
Added by Acts 2021, 87th Leg., R.S., Ch. 684 (H.B. 2063), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. -1. State Employee Family Leave Pool › Section 661.025. Withdrawal of Time From Pool

Sec. 661.025.  WITHDRAWAL OF TIME FROM POOL.  (a)  A state employee may apply to the pool administrator for permission to withdraw time from the family leave pool.
(b)  If the state employee is seeking permission to withdraw time because of a serious illness, including a pandemic-related illness, of an immediate family member or the employee and does not qualify for or has exhausted time available in the sick leave pool, the employee must provide the pool administrator with a written statement from the licensed practitioner who is treating the employee or the employee's immediate family member.
(c)  If the state employee is seeking permission to withdraw time because of an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member, the employee must provide any applicable documentation, including an essential caregiver designation, proof of closure of a school or daycare, or other appropriate documentation.
(d)  If the pool administrator determines the state employee is eligible, the administrator shall:
(1)  approve the transfer of time from the pool to the employee;  and
(2)  credit the time to the employee.
Added by Acts 2021, 87th Leg., R.S., Ch. 684 (H.B. 2063), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. -1. State Employee Family Leave Pool › Section 661.026. Limitation on Withdrawals

Sec. 661.026.  LIMITATION ON WITHDRAWALS.  (a)  A state employee may not withdraw time from the family leave pool in an amount that exceeds the lesser of:
(1)  one-third of the total time in the pool;  or
(2)  90 days.
(b)  Subject to Subsection (a), the pool administrator shall determine the amount of time that an employee may withdraw from the pool.
Added by Acts 2021, 87th Leg., R.S., Ch. 684 (H.B. 2063), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. -1. State Employee Family Leave Pool › Section 661.027. Equal Treatment

Sec. 661.027.  EQUAL TREATMENT.  A state employee absent while using time withdrawn from the family leave pool may use the time as sick leave earned by the employee.  The employee shall be treated for all purposes as if the employee is absent on earned sick leave.
Added by Acts 2021, 87th Leg., R.S., Ch. 684 (H.B. 2063), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter A. -1. State Employee Family Leave Pool › Section 661.028. No Entitlement to Estate

Sec. 661.028.  NO ENTITLEMENT TO ESTATE.  The estate of a deceased state employee is not entitled to payment for unused time withdrawn by the employee from the family leave pool.
Added by Acts 2021, 87th Leg., R.S., Ch. 684 (H.B. 2063), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter B. Payment for Vacation and Sick Leave to Estates of Deceased State Employees › Section 661.031. Definitions

Sec. 661.031.  DEFINITIONS.  In this subchapter:
(1)  "National holiday" includes only those days listed under Section 662.003(a).
(2)  "State employee" means an individual who is an appointed officer or employee of a state agency and who normally works 900 hours or more a year.  The term includes:
(A)  an hourly employee;
(B)  a temporary employee;
(C)  a person employed by:
(i)  the Teacher Retirement System of Texas;
(ii)  the Texas Education Agency;
(iii)  the Texas Higher Education Coordinating Board;
(iv)  the Texas School for the Blind and Visually Impaired;
(v)  the Texas School for the Deaf;
(vi)  the Texas Juvenile Justice Department;
(vii)  the Windham School District; or
(viii)  the Department of Assistive and Rehabilitative Services; and
(D)  a classified, administrative, faculty, or professional employee of a state institution or agency of higher education who has accumulated vacation leave, sick leave, or both, during the employment.
(3)  "State holiday" includes only those days listed under Section 662.003(b).
(4)  "Workday" includes a state or national holiday.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.20, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 609 (H.B. 387), Sec. 3, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 107, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter B. Payment for Vacation and Sick Leave to Estates of Deceased State Employees › Section 661.032. Applicability of Subchapter

Sec. 661.032.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies only to a state employee who, at any time during the employee's lifetime, has accrued six months of continuous state employment.  State employment is continuous while the employee is entitled to be paid a regular salary, except that the continuity of state employment is not interrupted while the employee is on a leave of absence without pay for less than one calendar month.
(b)  The estates of the following are not entitled to payments under this subchapter:
(1)  an individual employed on a piecework basis;
(2)  an individual who holds an office that is normally filled by vote of the people;
(3)  an independent contractor or an employee of an independent contractor;
(4)  an operator of equipment or a driver of a team whose wages are included in the rental paid by a state agency to the owner of the equipment or team;  or
(5)  an individual covered by:
(A)  the Judicial Retirement System of Texas Plan One;
(B)  the Judicial Retirement System of Texas Plan Two;  or
(C)  the Teacher Retirement System of Texas, other than an individual described by Section 661.031(2)(C) or (D).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.18, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter B. Payment for Vacation and Sick Leave to Estates of Deceased State Employees › Section 661.033. Payment for Vacation and Sick Leave

Sec. 661.033.  PAYMENT FOR VACATION AND SICK LEAVE.  (a)  When a state employee dies, the state shall pay the employee's estate for the balances of the employee's:
(1)  vacation leave;  and
(2)  sick leave.
(b)  Payment under this section shall comply with any limits in the General Appropriations Act, except as provided by Subsection (c).
(c)  Payment under this section may not be for more than:
(1)  all of the state employee's accumulated vacation leave;  and
(2)  one-half of the state employee's accumulated sick leave or 336 hours of sick leave, whichever is less.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 279, Sec. 17, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter B. Payment for Vacation and Sick Leave to Estates of Deceased State Employees › Section 661.034. Computation of Payment

Sec. 661.034.  COMPUTATION OF PAYMENT.  (a)  The payment to the estate of the deceased state employee shall be computed by multiplying the employee's hourly rate of compensation at the time of death by the total number of leave hours determined under Section 661.035.
(b)  Under this section, rate of compensation:
(1)  includes an emolument in lieu of base pay for which the state employee was eligible on the last day of employment;  and
(2)  does not include longevity or hazardous duty pay.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter B. Payment for Vacation and Sick Leave to Estates of Deceased State Employees › Section 661.035. Computation of Total Accumulated Leave; Holiday Time

Sec. 661.035.  COMPUTATION OF TOTAL ACCUMULATED LEAVE;  HOLIDAY TIME.  (a)  For a state employee who at the time of death is normally scheduled to work at least 40 hours a week, eight hours is to be added to the employee's sick and vacation leave under Section 661.034 for each state or national holiday that is scheduled to fall within the period after the date of death and during which the employee could have used leave.  To determine the period during which leave could have been used and the number of state or national holidays, the employee's leave is allocated over the workdays after the employee's death and eight hours is added as a state or national holiday occurs during the period.
(b)  For a state employee who at the time of death is normally scheduled to work fewer than 40 hours a week, the number of hours that is to be added to the employee's accumulated sick and vacation leave for each state or national holiday is computed as provided by Subsection (a), but is to be proportionally reduced according to the lesser number of the employee's normally scheduled weekly work hours.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter B. Payment for Vacation and Sick Leave to Estates of Deceased State Employees › Section 661.036. Payment Charged to Certain Fiscal Year

Sec. 661.036.  PAYMENT CHARGED TO CERTAIN FISCAL YEAR.  A state agency shall charge a payment required by Section 661.033 to the fiscal year in which the state employee dies.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter B. Payment for Vacation and Sick Leave to Estates of Deceased State Employees › Section 661.037. Payment With Funds Appropriated for Salaries

Sec. 661.037.  PAYMENT WITH FUNDS APPROPRIATED FOR SALARIES.  A state agency shall use funds appropriated to the agency for salaries to make a payment required by Section 661.033.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter B. Payment for Vacation and Sick Leave to Estates of Deceased State Employees › Section 661.038. Rules

Sec. 661.038.  RULES.  The comptroller may establish procedures and adopt rules to administer this subchapter.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 17, eff. June 19, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter C. Payment for Vacation Time to State Employees Who Separate From State Employment › Section 661.061. Definitions

Sec. 661.061.  DEFINITIONS.  In this subchapter:
(1)  "National holiday" includes only those days listed under Section 662.003(a).  The term does not include a national holiday on which a state employee is not entitled to a paid day off from work under Section 662.005.
(2)  "State employee" means an employee or appointed officer of a state agency.  The term includes:
(A)  a full-time employee or officer;
(B)  a part-time employee or officer;
(C)  an hourly employee;
(D)  a temporary employee;
(E)  a person employed by:
(i)  the Teacher Retirement System of Texas;
(ii)  the Texas Education Agency;
(iii)  the Texas Higher Education Coordinating Board;
(iv)  the Texas School for the Blind and Visually Impaired;
(v)  the Texas School for the Deaf;
(vi)  the Texas Juvenile Justice Department;
(vii)  the Windham School District; or
(viii)  the Department of Assistive and Rehabilitative Services; or
(F)  a classified, administrative, faculty, or professional employee of a state institution or agency of higher education who has accumulated vacation leave during the employment.
(3)  "State holiday" includes only those days listed under Section 662.003(b).  The term does not include a state holiday on which a state employee is not entitled to a paid day off from work under Section 662.005.
(4)  "Workday" includes a state or national holiday.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.21, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1035, Sec. 42, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 609 (H.B. 387), Sec. 4, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 108, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter C. Payment for Vacation Time to State Employees Who Separate From State Employment › Section 661.063. Computation of Payment

Sec. 661.063.  COMPUTATION OF PAYMENT.  (a)  Except as provided by Subsection (b), the payment to a state employee under this subchapter shall be computed by multiplying the employee's rate of compensation on the date of separation from state employment by the total number of hours of vacation time determined under Section 661.064.
(b)  The payment under this subchapter to a state employee who separates from state employment while holding a position that does not accrue vacation time shall be computed according to this subsection.  The employee's final rate of compensation in the last position held that accrues vacation time shall be multiplied by the employee's total number of hours of vacation time determined under Section 661.064.
(c)  Under this section, rate of compensation:
(1)  includes an emolument in lieu of base pay for which the state employee was eligible;  and
(2)  does not include longevity or hazardous duty pay.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 44, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter C. Payment for Vacation Time to State Employees Who Separate From State Employment › Section 661.064. Computation of Total Accumulated Leave; Holiday Time

Sec. 661.064.  COMPUTATION OF TOTAL ACCUMULATED LEAVE;  HOLIDAY TIME.  (a)  This subsection applies except as provided by Subsection (c).  For a state employee who on the date of separation is normally scheduled to work at least 40 hours a week, eight hours are to be added to the employee's accrued vacation time for each state or national holiday that is scheduled to fall within the period after the date of separation and during which the employee could have used the time.  To determine the period during which vacation time could have been used and the number of state or national holidays, the employee's vacation time is allocated over the workdays after the employee's separation and eight hours are added as a state or national holiday occurs during the period.
(b)  For a state employee who on the date of separation is normally scheduled to work less than 40 hours a week, the number of hours that is to be added to the employee's accrued vacation time for each state or national holiday is computed as provided by Subsection (a), but is to be proportionally reduced according to the lesser number of the employee's normally scheduled weekly work hours.
(c)  For a state employee who is paid under this subchapter because the separation from state employment involves a move to a position in a state agency that does not accrue vacation time, no hours may be added to the employee's accrued vacation time for a state or national holiday which is scheduled to fall within the period after the date of separation and during which the employee could have used the time.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 45, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter C. Payment for Vacation Time to State Employees Who Separate From State Employment › Section 661.065. Lump-Sum Payment

Sec. 661.065.  LUMP-SUM PAYMENT.  A state agency shall make a payment required by this subchapter in a lump sum, except as provided by Section 661.067.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter C. Payment for Vacation Time to State Employees Who Separate From State Employment › Section 661.066. Payment Charged to Certain Fiscal Year

Sec. 661.066.  PAYMENT CHARGED TO CERTAIN FISCAL YEAR.  A state agency shall charge a lump-sum payment required by this subchapter to the fiscal year in which the state employee's separation from state employment becomes effective.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter C. Payment for Vacation Time to State Employees Who Separate From State Employment › Section 661.067. Agreement for State Employee to Remain on Agency Payroll

Sec. 661.067.  AGREEMENT FOR STATE EMPLOYEE TO REMAIN ON AGENCY PAYROLL.  (a)  A state agency may agree to permit an employee entitled to payment under this subchapter to remain on the agency's payroll to exhaust the employee's accrued vacation time.
(b)  A state employee who remains on the payroll of a state agency under this section:
(1)  is entitled to continue to receive all compensation and benefits that the state employee was receiving on the employee's last day of duty, including paid holidays, longevity pay, and hazardous duty pay;
(2)  is entitled to a general salary increase for state employees that takes effect before the employee's accrued vacation time is exhausted;  and
(3)  may not use sick leave or accrue sick leave or vacation time.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter C. Payment for Vacation Time to State Employees Who Separate From State Employment › Section 661.068. Rules

Sec. 661.068.  RULES.  The comptroller may establish procedures and adopt rules to administer this subchapter.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 18, eff. June 19, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter D. Payments for Vacation Time to Contributing Members of Employees Retirement System Who Retire › Section 661.091. Payment for Vacation Time on Retirement

Sec. 661.091.  PAYMENT FOR VACATION TIME ON RETIREMENT.  (a)  A contributing member of the Employees Retirement System of Texas who retires is entitled to a lump-sum payment, from funds of the agency or department from which the member retires, for the member's accrued vacation time as of the date of retirement, unless the member opts to receive for that accrued vacation time service credit under Section 813.511(a).
(b)  A payment required by this section is payable on the date of retirement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter D. Payments for Vacation Time to Contributing Members of Employees Retirement System Who Retire › Section 661.092. Computation of Payment

Sec. 661.092.  COMPUTATION OF PAYMENT.  A payment required by this subchapter shall be computed as if the member had taken vacation time, using the member's rate of compensation as of the date of retirement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter D. Payments for Vacation Time to Contributing Members of Employees Retirement System Who Retire › Section 661.093. Conflict With Other Subchapter

Sec. 661.093.  CONFLICT WITH OTHER SUBCHAPTER.  Subchapter C  of this chapter controls if there is a conflict between Subchapter C and this subchapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter D. Payments for Vacation Time to Contributing Members of Employees Retirement System Who Retire › Section 661.094. Rules

Sec. 661.094.  RULES.  The comptroller may establish procedures and adopt rules to administer this subchapter.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 19, eff. June 19, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter E. Vacation for Hourly or Daily State Employee › Section 661.121. Vacation for Hourly or Daily Employee

Sec. 661.121.  VACATION FOR HOURLY OR DAILY EMPLOYEE.  (a)  A state department, institution, or agency may grant a vacation with full pay to an employee:
(1)  whose pay is computed by the hour or by the day;  and
(2)  who has been continuously employed by the state for six months.
(b)  The vacation authorized by this section is for the same time as that granted to employees whose pay is computed monthly.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter F. General Provisions for Vacation Leave for State Employees › Section 661.151. State Auditor Interpretation

Sec. 661.151.  STATE AUDITOR INTERPRETATION.  (a)  The state auditor shall provide a uniform interpretation of this subchapter and Subchapters G and Z.
(b)  The state auditor shall report to the governor and the legislature any state agency or institution of higher education that practices exceptions to those laws.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter F. General Provisions for Vacation Leave for State Employees › Section 661.153. Transfer of Vacation Leave Balance

Sec. 661.153.  TRANSFER OF VACATION LEAVE BALANCE.  A state employee who transfers directly from one state agency to another is entitled to credit by the agency to which the employee transfers for the unused balance of the employee's accumulated vacation leave, if the employee's employment with the state is uninterrupted and if the employee is not paid for the leave under Section 661.062.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter F. General Provisions for Vacation Leave for State Employees › Section 661.154. Vacation Leave for Legislative Employees

Sec. 661.154.  VACATION LEAVE FOR LEGISLATIVE EMPLOYEES.  Vacation leave for employees of the legislative branch, including employees of the lieutenant governor, is determined as follows:
(1)  for employees of either house of the legislature, a member of the legislature, or the lieutenant governor, by the presiding officer of the appropriate house of the legislature;  and
(2)  for employees of a legislative agency, by the administrative head of the agency.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter G. General Provisions for Sick Leave for State Employees › Section 661.201. Applicability

Sec. 661.201.  APPLICABILITY.  (a)  Sick leave for employees of the legislative branch, including employees of the lieutenant governor, is determined as follows:
(1)  for employees of either house of the legislature, a member of the legislature, or the lieutenant governor, by the presiding officer of the appropriate house of the legislature;  and
(2)  for employees of a legislative agency, by the administrative head of the agency.
(b)  An employee of an institution of higher education as defined by Section 61.003, Education Code, is eligible to accrue or take paid sick leave under this subchapter only if the employee:
(1)  is employed to work at least 20 hours per week for a period of at least four and one-half months;  and
(2)  is not employed in a position for which the employee is required to be a student as a condition of the employment.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter G. General Provisions for Sick Leave for State Employees › Section 661.203. Faculty at Institutions of Higher Education

Sec. 661.203.  FACULTY AT INSTITUTIONS OF HIGHER EDUCATION.  A faculty member at an institution of higher education as defined by Section 61.003, Education Code, must submit prescribed leave forms for all sick leave the faculty member takes if the absence occurs during the normal workday for regular employees, even if no classes are missed.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter G. General Provisions for Sick Leave for State Employees › Section 661.204. Transfer of Sick Leave Balance

Sec. 661.204.  TRANSFER OF SICK LEAVE BALANCE.  A state employee who transfers directly from one state agency to another is entitled to credit by the agency to which the employee transfers for the unused balance of the employee's accumulated sick leave, if the employee's employment with the state is uninterrupted.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter G. General Provisions for Sick Leave for State Employees › Section 661.205. Restoration of Sick Leave on Reemployment in Certain Circumstances

Sec. 661.205.  RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN CERTAIN CIRCUMSTANCES.  (a)  An employee who separates from employment with the state under a formal reduction in force is entitled to have the employee's sick leave balance restored if the employee is reemployed by the state within 12 months after the end of the month in which the employee separates from state employment.
(b)  An employee who separates from employment with the state for a reason other than that described by Subsection (a) is entitled to have the employee's sick leave balance restored if:
(1)  the employee is reemployed by the same state agency or institution of higher education within 12 months after the end of the month in which the employee separates from state employment, but only if there has been a break in employment with the state of at least 30 calendar days;  or
(2)  the employee is reemployed by a different state agency or institution of higher education within 12 months after the end of the month in which the employee separates from state employment.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter G. General Provisions for Sick Leave for State Employees › Section 661.206. Educational Activities: Use of Sick Leave

Sec. 661.206.  EDUCATIONAL ACTIVITIES:  USE OF SICK LEAVE.  (a)  This section applies to an employee who is a parent of a child who is a student attending a grade from prekindergarten through 12th grade.
(b)  An employee may use up to eight hours of sick leave each fiscal year to attend educational activities of the employee's children.
(c)  An employee shall give reasonable advance notice of the employee's intention to use the sick leave to attend an educational activity.
(d)  In this section:
(1)  "Educational activity" means a school-sponsored activity, including a parent-teacher conference, tutoring, a volunteer program, a field trip, a classroom program, a school committee meeting, an academic competition, and an athletic, music, or theater program.
(2)  "Employee" has the meaning assigned by Section 661.001.
(3)  "Parent" means a person standing in parental relation.
Added by Acts 1997, 75th Leg., ch. 430, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 661.151 and amended by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1310, Sec. 46, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 250 (H.B. 480), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 250 (H.B. 480), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter G. General Provisions for Sick Leave for State Employees › Section 661.207. Donation of Sick Leave

Sec. 661.207.  DONATION OF SICK LEAVE.  (a)  An employee may donate any amount of the employee's accrued sick leave to another employee who:
(1)  is employed in the same state agency as the donor employee; and
(2)  has exhausted the employee's sick leave, including any time the individual may be eligible to withdraw from a sick leave pool.
(b)  An employee may not provide or receive remuneration or a gift in exchange for a sick leave donation under this section.
(c)  An employee who receives donated sick leave under this section may not:
(1)  use sick leave donated to the employee under this section except as provided by Sections 661.202(d) and (e); or
(2)  notwithstanding any other law, receive service credit in the Employees Retirement System of Texas for any sick leave donated to the employee under this section that is unused on the last day of that employee's employment.
(d)  In this section, "employee" and "state agency" have the meanings assigned by Section 661.001.
Added by Acts 2015, 84th Leg., R.S., Ch. 398 (H.B. 1771), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter H. State Agency Leave Policy › Section 661.251. Definition

Sec. 661.251.  DEFINITION.  In this subchapter, "state agency" has the meaning assigned by Section 661.001.
Added by Acts 2017, 85th Leg., R.S., Ch. 518 (S.B. 73), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter H. State Agency Leave Policy › Section 661.252. Agency Policy

Sec. 661.252.  AGENCY POLICY.  (a)  A state agency shall adopt a policy governing leave for employees under this chapter.
(b)  The policy must provide clear and objective guidelines to establish under what circumstances an employee of the agency may be entitled to or granted each type of leave provided by this chapter.
(c)  The state agency shall post the policy adopted under this section on the agency's Internet website in a location easily accessible by the agency's employees and the public.
Added by Acts 2017, 85th Leg., R.S., Ch. 518 (S.B. 73), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 661 - Leave › Subchapter Z. Miscellaneous Leave Provisions for State Employees › Section 661.901. Applicability

Sec. 661.901.  APPLICABILITY.  (a)  This subchapter applies only to a state employee employed in the executive or judicial branch of state government.
(b)  The leave policies for employees of the legislative branch, including employees of the lieutenant governor, are determined as follows:
(1)  for employees of either house of the legislature, a member of the legislature, or the lieutenant governor, by the presiding officer of the appropriate house of the legislature;  and
(2)  for employees of a legislative agency, by the administrative head of the agency.
(c)  An employee of an institution of higher education as defined by Section 61.003, Education Code, is eligible to accrue or take paid leave under this subchapter only if the employee:
(1)  is employed to work at least 20 hours per week for a period of at least four and one-half months;  and
(2)  is not employed in a position for which the employee is required to be a student as a condition of the employment.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999.