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.