2005 Texas Government Code CHAPTER 662. HOLIDAYS AND RECOGNITION DAYS, WEEKS, AND MONTHS

GOVERNMENT CODE

CHAPTER 662. HOLIDAYS AND RECOGNITION DAYS, WEEKS, AND MONTHS

SUBCHAPTER A. HOLIDAYS FOR STATE EMPLOYEES


	§ 662.001. DEFINITIONS.  In this subchapter:                                
		(1)  "Part-time state employee" means a state employee 
who normally works fewer than 40 hours each week.
		(2)  "State agency" means a unit of state government, 
including a state board, commission, council, department, 
committee, agency, or office that was created by the constitution 
or a statute of this state and is in any branch of state government.  
The term does not include a local government, a river authority, a 
special district, any other political subdivision, or an 
institution of higher education as defined by Section 61.003, 
Education Code.
		(3)  "State employee" means an employee of a state 
agency or an appointed officer of a state agency whose office is not 
created by the state constitution.  The term includes a part-time, 
hourly, or temporary state employee.
		(4)  "Workday" means a day on which a state employee is 
normally scheduled to work.  The term does not include a national or 
state holiday.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 1035, § 27, eff. June 19, 
1997.


	§ 662.002. APPLICABILITY TO EMPLOYEE OF THE HOUSE OR 
SENATE.  This subchapter applies to a state employee of the house 
of representatives or the senate only at the discretion of the 
presiding officer or the administration committee of each 
respective house.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.003. DATES AND DESCRIPTIONS OF HOLIDAYS.  (a) A 
national holiday includes only the following days:
		(1)  the first day of January, "New Year's Day";                              
		(2)  the third Monday in January, "Martin Luther King, 
Jr., Day" in observance of the birthday of Dr. Martin Luther King, 
Jr.;
		(3)  the third Monday in February, "Presidents' Day";                         
		(4)  the last Monday in May, "Memorial Day";                                  
		(5)  the fourth day of July, "Independence Day";                              
		(6)  the first Monday in September, "Labor Day";                              
		(7)  the 11th day of November, "Veterans Day," 
dedicated to the cause of world peace and to honoring the veterans 
of all wars in which Texans and other Americans have fought;
		(8)  the fourth Thursday in November, "Thanksgiving 
Day";  and              
		(9)  the 25th day of December, "Christmas Day."                               
	(b)  A state holiday includes only the following days:                         
		(1)  the 19th day of January, "Confederate Heroes Day," 
in honor of Jefferson Davis, Robert E. Lee, and other Confederate 
heroes;
		(2)  the second day of March, "Texas Independence Day";                       
		(3)  the 21st day of April, "San Jacinto Day";                                
		(4)  the 19th day of June, "Emancipation Day in Texas," 
in honor of the emancipation of the slaves in Texas in 1865;
		(5)  the 27th day of August, "Lyndon Baines Johnson 
Day," in observance of the birthday of Lyndon Baines Johnson;
		(6)  the Friday after Thanksgiving Day;                                       
		(7)  the 24th day of December;  and                                           
		(8)  the 26th day of December.                                                
	(c)  An "optional holiday" includes only the days on which 
Rosh Hashanah, Yom Kippur, or Good Friday falls.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 279, § 20, eff. Sept. 1, 
1999.


	§ 662.004. MINIMUM NUMBER OF EMPLOYEES NEEDED TO CONDUCT 
BUSINESS.  (a) A state agency and an institution of higher 
education as defined by Section 61.003, Education Code, shall have 
enough employees on duty during a state holiday to conduct the 
public business of the agency or institution.
	(b)  This section does not apply to a state holiday that 
falls on a Saturday or Sunday, the Friday after Thanksgiving Day, or 
the 24th or 26th day of December.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 279, § 21, eff. Sept. 1, 
1999.


	§ 662.005. ENTITLEMENT TO PAID DAY OFF.  (a) An 
individual who is a state employee on the last workday before or the 
first workday after a national or state holiday, or on both 
workdays, is entitled, except as provided by Section 662.010, to a 
paid day off from working for a state agency on the holiday if:
		(1)  the holiday does not fall on a Saturday or Sunday;  
and                
		(2)  the General Appropriations Act does not prohibit 
state agencies from observing the holiday.
	(b)  Except as provided by Section 662.010, and 
notwithstanding Section 659.015 or another law, a state employee 
who is a peace officer commissioned by a state officer or state 
agency listed under Article 2.12, Code of Criminal Procedure, or 
who is employed by the Department of Public Safety to perform 
communications or dispatch services related to traffic law 
enforcement and who is required to work on a national or state 
holiday that falls on a Saturday or Sunday is entitled to 
compensatory time off at the rate of one hour for each hour worked 
on the holiday.
	(c)  In this section, "state employee":                                        
		(1)  includes an individual who uses paid leave from a 
state agency;  and   
		(2)  does not include an individual who uses unpaid 
leave from a state agency.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 1035, § 28, eff. June 19, 
1997;  Acts 2001, 77th Leg., ch. 717, § 1, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 459, § 1, eff. Sept. 1, 2003;  Acts 
2003, 78th Leg., ch. 811, § 1, eff. Sept. 1, 2003;  Acts 2003, 
78th Leg., ch. 868, § 1, eff. June 20, 2003.


	§ 662.006. OPTIONAL HOLIDAY.  (a) An individual who is a 
state employee on the last workday before or the first workday after 
an optional holiday, or on both workdays, is entitled, except as 
provided by Section 662.010, to a paid day off from working for a 
state agency on the holiday if:
		(1)  the holiday does not fall on a Saturday or Sunday;                       
		(2)  the employee agrees to give up, during the same 
fiscal year, a state holiday that:
			(A)  does not fall on a Saturday or Sunday;  and                             
			(B)  the General Appropriations Act does not 
prohibit state agencies from observing;  and
		(3)  the General Appropriations Act does not prohibit 
state agencies from observing the optional holiday.
	(b)  A state employee is entitled to a paid day off from 
working for a state agency on each day of an optional holiday that 
extends for more than one day if the employee:
		(1)  qualifies for the paid day off under Subsection 
(a);  and              
		(2)  agrees to give up during the same fiscal year an 
equivalent number of state holidays that:
			(A)  do not fall on a Saturday or Sunday;  and                               
			(B)  the General Appropriations Act does not 
prohibit state agencies from observing.
	(c)  A state employee may not agree to give up the Friday 
after Thanksgiving Day or the 24th or 26th day of December.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 1035, § 29, eff. June 19, 
1997.


	§ 662.007. COMPENSATORY TIME.  (a) A state employee who 
is required to work on a national or state holiday is entitled to 
compensatory time off during the 12 months after the holiday if the 
state employee is entitled to a paid day off from working for a 
state agency on the holiday under Section 662.005.
	(b)  A state employee must give reasonable notice of the 
employee's intention to use the compensatory time but is not 
required to say how the compensatory time will be used.
	(c)  An institution of higher education as defined by Section 
61.003, Education Code, may allow an employee who is required to 
work on a national or state holiday that does not fall on a Saturday 
or Sunday to take compensatory time off in accordance with this 
section or may instead pay the employee at the employee's regular 
rate of pay for that time if the institution determines that 
allowing compensatory time off would disrupt normal teaching, 
research, or other critical functions.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 1035, § 30, eff. June 19, 
1997;  Acts 1999, 76th Leg., ch. 279, § 22, eff. Sept. 1, 1999.


	§ 662.0071. TRANSFERS OF COMPENSATORY TIME BALANCES.  (a) 
A state agency shall accept the balance of compensatory time 
accrued under Section 662.007 by a state employee who transfers to 
that agency from another state agency if the employee transfers as a 
direct result of:
		(1)  the legislature's transfer of legal authority or 
duties from the agency that formerly employed the employee to the 
agency that currently employs the employee;  or
		(2)  a requirement of the State Council on Competitive 
Government for the agency that formerly employed the employee to 
bid a commercially available service that the agency previously 
performed.
	(b)  Subsection (a) does not apply if the transferring state 
employee is required to apply for the new position.
	(c)  In this section, "bid" means any process developed by 
the State Council on Competitive Government to provide a 
commercially available service in competition with private 
commercial sources or state agency providers.

Added by Acts 1997, 75th Leg., ch. 1035, § 46, eff. Sept. 1, 
1997.       


	§ 662.0072. TRANSFERRING EMPLOYEE:  PAYMENT FOR 
HOLIDAY.  If a state or national holiday occurs between the dates 
that a state employee separates from one state agency and begins 
employment with another state agency or an institution of higher 
education without a break in service, the agency or institution of 
higher education to which the employee transfers is responsible for 
paying the employee for the holiday regardless of whether the 
agency or institution of higher education that receives the new 
employee recognizes the holiday.

Added by Acts 1999, 76th Leg., ch. 279, § 23, eff. Sept. 1, 1999.          


	§ 662.008. PART-TIME STATE EMPLOYEES.  The pay of a 
part-time state employee for a paid day off to which the employee is 
entitled under this subchapter must be proportionally reduced to 
account for the fewer hours the employee normally works.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.009. EMPLOYEE WORKING OTHER THAN MONDAY THROUGH 
FRIDAY.  (a) A state employee who normally works 40 hours a week on 
a schedule other than Monday through Friday is entitled to paid 
holiday time off during the fiscal year equal to eight hours 
multiplied by the number of national and state holidays in the 
fiscal year as determined under Section 662.005.
	(b)  A state employee to whom Subsection (a) applies who 
works less than the entire fiscal year is entitled to paid holiday 
time off during the fiscal year equal to eight hours multiplied by 
the number of national and state holidays that occur during the 
period worked by the employee under Section 662.005.
	(c)  The paid holiday time off of a part-time state employee 
who works on a schedule other than Monday through Friday must be 
proportionally reduced to account for the fewer hours the employee 
normally works.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER WORK 
ENDS.  (a) An individual must be a state employee on the workday 
before and after a state or national holiday in order to be paid for 
that holiday, unless the holiday falls on the employee's first or 
last workday of the month.
	(b)  In this section, "state employee":                                        
		(1)  includes an individual who uses paid leave from a 
state agency;  and   
		(2)  does not include an individual who uses unpaid 
leave from a state agency.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 1035, § 31, eff. June 19, 
1997;  Acts 2003, 78th Leg., ch. 1310, § 47, eff. June 20, 2003.


	§ 662.011. HOLIDAYS FOR INSTITUTIONS OF HIGHER 
EDUCATION.  (a) The governing body of an institution of higher 
education, as defined by Section 61.003, Education Code, other than 
a public junior college as defined by that section, may establish 
the holiday schedule for the institution, subject to any applicable 
limitation on the observance of holidays prescribed by the General 
Appropriations Act.
	(b)  The number of holidays to be observed by the institution 
may not exceed the number of holidays on which an employee of a 
state agency is entitled to a day off.
	(c)  An employee of the institution is eligible to take paid 
holiday leave only if the employee:
		(1)  is scheduled 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 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 279, § 24, eff. Sept. 1, 
1999.


	§ 662.012. RULES.  The comptroller may establish 
procedures and adopt rules to administer Sections 662.001-662.010.

Added by Acts 1997, 75th Leg., ch. 1035, § 20, eff. June 19, 
1997.       


	§ 662.013. OPTIONAL HOLIDAY FOR CESAR CHAVEZ DAY.  (a) 
The 31st day of March shall be designated "Cesar Chavez Day" in 
observance of the birthday of Cesar Chavez.
	(b)  The administrative head of a state agency may allow an 
employee of the agency to have a day off with pay on Cesar Chavez Day 
in lieu of any other state holiday that occurs on a weekday, other 
than a weekday on which an election is held throughout the state, on 
which the state agency is required to be open but on which the 
operations of the agency are required to be maintained at only a 
minimum level.
	(c)  On Cesar Chavez Day, each state agency shall remain open 
and conduct the operations of the agency at a minimum level.
	(d)  A holiday allowed under this section is in lieu of 
another holiday prescribed by law.  The total number of holidays in 
a year to which an employee of a state agency is entitled is not 
changed by this section.

Added by Acts 1999, 76th Leg., ch. 521, § 1, eff. Sept. 1, 1999.           

SUBCHAPTER B. LEGAL HOLIDAYS


	§ 662.021. DATES OF HOLIDAYS.  A legal holiday includes 
only the following days:
		(1)  a national holiday under Section 662.003(a);  and                        
		(2)  a state holiday under Sections 662.003(b)(1) 
through (6).              

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.022. CLOSURE OF PUBLIC OFFICES.  A public office of 
this state may be closed on a legal holiday, except as provided by 
Section 662.004.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.023. PRESENTMENT, NOTICE OF DISHONOR, AND PROTEST 
OF CERTAIN COMMERCIAL PAPER.  A legal holiday is treated as a 
Sunday for presenting for payment or acceptance, protesting, and 
giving notice of the dishonor of a draft or promissory note.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           

SUBCHAPTER C. RECOGNITION DAYS


	§ 662.041. SAM RAYBURN DAY.  (a) January 6 is Sam Rayburn 
Day in memory of that great Texas and American statesman, Sam 
Rayburn.
	(b)  Sam Rayburn Day shall be regularly observed by 
appropriate programs in the public schools and other places to 
commemorate the birthday of Sam Rayburn.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.042. FORMER PRISONERS OF WAR RECOGNITION DAY.  (a) 
April 9 is Former Prisoners of War Recognition Day in honor of the 
courage of those Americans who suffered sacrifices and tribulations 
as prisoners of war in the course of their military service on 
behalf of this nation.
	(b)  Former Prisoners of War Recognition Day shall be 
regularly observed by appropriate ceremonies.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.043. INTERNATIONAL TRADE AWARENESS WEEK.  (a) May 
22 through May 26 is International Trade Awareness Week to 
encourage Texas businesses to engage effectively in the promotion 
and development of international trade.
	(b)  International Trade Awareness Week shall be observed by 
appropriate ceremonies and activities.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.044. COLUMBUS DAY.  (a) The second Monday of 
October is Columbus Day in honor of Christopher Columbus.
	(b)  Columbus Day shall be regularly observed by appropriate 
ceremonies.     
	(c)  Public offices of this state shall remain open on 
Columbus Day.         

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.045. FATHER OF TEXAS DAY.  (a) November 3 is Father 
of Texas Day in memory of Stephen F. Austin, the great pioneer 
patriot and the real and true Father of Texas.
	(b)  Father of Texas Day shall be regularly observed by 
appropriate and patriotic programs in the public schools and other 
places to properly commemorate the birthday of Stephen F. Austin 
and to inspire a greater love for this beloved state.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 662.046. TEXAS PARENTS DAY.  The second Sunday in 
August of each year is Texas Parents Day to celebrate the Texas 
family and to emphasize the importance of parents taking an active 
role in the raising and future of their children.

Added by Acts 1999, 76th Leg., ch. 758, § 1, eff. June 18, 1999.           


	§ 662.047. STATE OF TEXAS ANNIVERSARY REMEMBRANCE DAY 
(STAR DAY).  (a) February 19 is State of Texas Anniversary 
Remembrance Day (STAR Day) in honor of Texas joining the Union and 
the day that James Pinckney Henderson became the first governor of 
the State of Texas in 1846.
	(b)  State of Texas Anniversary Remembrance Day (STAR Day) 
shall be regularly observed by appropriate and patriotic programs 
in the public schools and other places to properly commemorate the 
annexation of this state and to inspire a greater appreciation for 
the history of this state.

Added by Acts 1999, 76th Leg., ch. 502, § 1, eff. June 18, 1999.  
Amended by Acts 1999, 76th Leg., ch. 1453, § 1, eff. Aug. 30, 
1999.  Renumbered from V.T.C.A., Government Code § 662.046, 
662.050 by Acts 2001, 77th Leg., ch. 1420, § 21.001(58), eff. 
Sept. 1, 2001.


	§ 662.048. TEXAS FLAG DAY.  Texas Flag Day shall be 
celebrated each March 2, Texas Independence Day.

Added by Acts 2001, 77th Leg., ch. 1420, § 7.103, eff. Sept. 1, 
2001.    


	§ 662.049. PUBLIC SCHOOL PARAPROFESSIONAL DAY.  (a) The 
second Wednesday in May of each year is Public School 
Paraprofessional Day in recognition of education paraprofessionals 
including teacher assistants, instructional aides, educational 
trainers, library attendants, bilingual assistants, special 
education associates, mentors, and tutors.
	(b)  Public School Paraprofessional Day shall be regularly 
observed by appropriate ceremonies and activities in the public 
schools and other places to properly recognize the 
paraprofessionals who have made tremendous contributions to the 
educational process.

Added by Acts 2001, 77th Leg., ch. 287, § 1, eff. May 23, 2001.            


	§ 662.050. TEXAS FIRST RESPONDERS DAY.  (a) September 11 
is Texas First Responders Day in honor of the bravery, courage, and 
determination of Texas men and women who assist others in 
emergencies.
	(b)  Texas First Responders Day shall be regularly observed 
by appropriate ceremonies in the public schools and other places to 
honor Texas first responders.  Each governmental entity may 
determine the appropriate ceremonies by which Texas observes Texas 
First Responders Day.

Added by Acts 2003, 78th Leg., ch. 614, § 1, eff. June 20, 2003;  
Acts 2003, 78th Leg., ch. 1312, § 6, eff. June 21, 2003.


	§ 662.051. WOMEN'S INDEPENDENCE DAY.                                        

Text of section as added by Acts 2005, 79th Leg., ch. 19, § 1
	(a)  August 26 is Women's Independence Day to commemorate the 
ratification in 1920 of the Nineteenth Amendment to the United 
States Constitution, which guaranteed women the right to vote.
	(b)  Women's Independence Day shall be regularly observed by 
appropriate programs in the public schools and other places to 
inspire a greater appreciation of the importance of women's 
suffrage.

Added by Acts 2005, 79th Leg., ch. 19, § 1, eff. May 9, 2005.              

For text of section as added by Acts 2005, 79th Leg., ch. 697, § 
1, see § 662.051, post.


	§ 662.051. TEXIAN NAVY DAY.                                                 

Text of section as added by Acts 2005, 79th Leg., ch. 697, § 1
	(a)  The third Saturday in September of each year is Texian 
Navy Day in remembrance of the Texian Navy.
	(b)  Texian Navy Day shall be regularly observed by 
appropriate ceremonies and activities.

Added by Acts 2005, 79th Leg., ch. 697, § 1, eff. June 17, 2005.           

For text of section as added by Acts 2005, 79th Leg., ch. 19, § 1, 
see § 662.051, ante.

SUBCHAPTER D. RECOGNITION MONTHS


	§ 662.101. BUFFALO SOLDIERS HERITAGE MONTH.  (a) July is 
Buffalo Soldiers Heritage Month in honor of the bravery and 
dedication of Texas' Buffalo Soldiers and in recognition of their 
contribution to the legendary history of the Lone Star State.
	(b)  Buffalo Soldiers Heritage Month shall be regularly 
observed by appropriate ceremonies and activities.

Added by Acts 1999, 76th Leg., ch. 478, § 2, eff. June 18, 1999.           


	§ 662.102. TEXAS HISTORY MONTH.  (a) March is Texas 
History Month in honor of those Texans who helped shape the history 
of the State of Texas and in recognition of events throughout Texas' 
history.
	(b)  Texas History Month shall be regularly observed by 
appropriate celebrations and activities in public schools and other 
places to promote interest in and knowledge of Texas history.

Added by Acts 2003, 78th Leg., ch. 423, § 1, eff. June 20, 2003.           

SUBCHAPTER E. RECOGNITION WEEKS


	§ 662.151. TRANSPORTATION WEEK.  The week that includes 
the third Friday in May is Transportation Week in recognition of 
National Transportation Week and the contributions of the 
transportation industry to the State of Texas.

Added by Acts 2003, 78th Leg., ch. 462, § 1, eff. June 20, 2003.