PART 3. OFFICE OF THE ATTORNEY GENERAL
SUBCHAPTER A. GENERAL PROVISIONS
The Office of the Attorney General (OAG) proposes new Chapter 52, Subchapter A, §52.1 to Texas Administrative Code, Title 1 Administration, Part 3, Office of the Attorney General.
The proposal will establish a new chapter and subchapter relating to general agency administration, and include rules relating to the administration of the agency's sick leave pool. The proposed new Chapter 52 is entitled Administration and contains a proposed new Subchapter A, entitled General Provisions. Proposed new §52.1 describes the establishment of an employee sick leave pool in accordance with Texas Government Code §661.002. The new rule is necessary to comply with the requirement of Texas Government Code §661.002(c) to adopt rules and prescribe procedures relating to the administration of the agency sick leave pool. No other rules are proposed under the chapter at this time.
John Poole, Director, Human Resources Division, has determined that for each of the first five years following the adoption of §52.1, the public benefit expected as a result of the proposed new rule is that agency employees and the general public will be made aware of the agency's establishment of a program to allow its employees to voluntarily transfer accrued sick leave to a sick leave pool that may be used for the benefit of eligible employees who have exhausted all paid leave due to injury or illness.
Mr. Poole has also determined that during the first five-year period following the adoption of §52.1, there will be no foreseeable fiscal implications for state or local government as a result of the new rule. Further, he has determined that for each of the first five years following the new rule, there will be no economic cost to persons required to comply with the section, and therefore there is no need to consider less costly alternatives to the new rule. Finally, Mr. Poole has determined that the new rule will have no adverse effect on small business or micro-business or local employment.
Written comments on the proposal may be submitted for 30 days following the publication of this notice to John Poole, Director, Human Resources Division, Office of the Attorney General, P.O. Box 12528, Austin, Texas 78711-2528, (512) 475-2009, John.Poole@oag.state.tx.us.
The new rule is proposed in accordance with Texas Government Code §661.002(c), which requires state agencies to adopt rules and prescribe procedures relating to the administration of the agency sick leave pool.
The proposed new rule does not affect any other statutes.
§52.1.Sick Leave Pool.
A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state.
(1) The Office of the Attorney General's Human Resources Director is designated as the pool administrator.
(2) The pool administrator will recommend a policy, operating procedures, and forms for the administration of this section for approval by the First Assistant Attorney General.
(3) Operation of the pool shall be consistent with Texas Government Code, Chapter 661.
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 9, 2009.
TRD-200901382
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Earliest possible date of adoption: May 24, 2009
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.