10 TAC §300.4
The Texas Residential Construction Commission (the "commission")
proposes new §300.4, concerning the establishment of an agency sick leave
pool. The new rule is proposed pursuant to Government Code §661.002,
which grants a state agency the authority to establish a voluntary sick leave
pool program.
Stephen D. Thomas, Executive Director, has determined that for each year
of the first five-year period the proposed rule is in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the proposed rule.
Mr. Thomas has also determined that for each year of the first five-year
period the proposed rule is in effect the public will benefit from the flexibility
afforded to agency employees or their family members suffering from a catastrophic
illness or injury.
Mr. Thomas has also determined that there will be no effect on individuals
or large, small and micro-businesses as a result of the adoption of the proposed
rule.
Mr. Thomas has also determined that for each year of the first five-year
period the proposed rule is in effect there should be no effect on a local
economy; therefore, no local employment impact statement is required under
Administrative Procedure Act §2001.022.
Interested persons may submit written comments (12 copies) on the proposed
rule to Susan K. Durso, General Counsel, Texas Residential Construction Commission,
P.O. Box 13144, Austin, Texas 78711. Comments may be submitted electronically
to comments@trcc.state.tx.us. For comments submitted electronically, please
include "Proposed Sick Leave Pool Rule" in the subject line. The deadline
for submission of comments is thirty (30) days from the date of publication
of the proposed rules in the
Texas Register
.
Comments should be organized in a manner consistent with the organization
of the proposed rule.
The new rule is proposed under Government Code §661.002,
which authorizes a state agency to establish a sick leave pool for its employees.
The statutory provisions affected by the proposal are those set forth in
Chapter 661, Government Code, and Title 16, Property Code.
No other statutes, articles, or codes are affected by the proposal.
§300.4.Sick Leave Pool.
A sick leave pool is established to provide for the alleviation of
hardship caused to an employee and employee's family if a catastrophic illness
or injury forces the employee to exhaust all leave time earned by that employee
and to lose compensation from the state.
(1)
The commission's human resources coordinator is designated
as the pool administrator.
(2)
The pool administrator, with the advice and consent of
the Executive Director, will establish a policy, operating procedures and
forms for the administration of this section and law governing the operation
of the pool.
(3)
Donations to the pool must be made by written request containing
a certification that the donation is strictly voluntary.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 13, 2005.
TRD-200501537
Susan Durso
General Counsel
Texas Residential Construction Commission
Earliest possible date of adoption: May 29, 2005
For further information, please call: (512) 475-5095