PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 51. EXECUTIVE
SUBCHAPTER E. LEAVE POOLS
The Texas Parks and Wildlife Commission in a duly notice meeting on January 25, 2024, adopted new 31 TAC §51.143, concerning Leave Pools, without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7864). The rule will not be republished.
The most recent session of the Texas Legislature enacted Senate Bill 922, which amended Parks and Wildlife Code, Chapter 11, by adding new §11.0183, which requires the department to allow a peace officer commissioned by the department to voluntarily transfer up to eight hours of compensatory time or annual leave per year to a leave pool for use as leave for legislative activities conducted on behalf of a law enforcement association. Senate Bill 922 requires the commission to adopt rules and prescribe procedures relating to the operation of the legislative leave pool.
The new rule sets forth the purpose of the leave pool, designates a pool administrator, and requires the pool administrator, with the advice and consent of the executive director of the agency, to develop and implement operating procedures consistent with the requirements of the new rule and relevant law governing operation of the pool.
The department received two comments opposing adoption. Both commenters provided a reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, follow.
One commenter opposed adoption and stated that the rule would require the department to hire additional employees to compensate for employees not available for scheduled duties. The department disagrees with the comment and responds that there is no scenario in which additional employees would be necessary to compensate for peace officers using the leave pool. No changes were made as a result of the comment.
One commenter opposed adoption and stated that S.B. 922 does not permit use of leave pool for activities on behalf of an association with fewer than 300 members. The department agrees and responds that the commission does not have the authority to modify or eliminate any provision of the statute. No changes were made as a result of the comment.
The department received one comment supporting adoption of the rule as proposed.
The new rule is adopted under the authority of Parks and Wildlife Code, §11.0183, which requires the commission to adopt rules to create and administer a peace officer legislative leave pool.
The adopted new rule affects Parks and Wildlife Code, Chapter 11.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 21, 2024.
TRD-202401243
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: April 10, 2024
Proposal publication date: December 22, 2023
For further information, please call: (512) 389-4775