89th Legislature Regular Session

HB 5606

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 5606 introduces a new provision to the Texas Education Code requiring public school districts and open-enrollment charter schools to establish a sick leave pool program for employees. Under this legislation, when an employee retires, their unused accrued sick leave would automatically be transferred into the district or school’s sick leave pool. The pool would then be available as a resource for current employees who have exhausted their individual sick leave balances, enabling them to request additional leave from this communal reserve, subject to applicable local policies.

The bill provides an exception for any district or charter school that, before September 1, 2025, had a policy in place concerning retiring employees’ accrued sick leave that would conflict with the new requirement. In such cases, those institutions would not be mandated to implement the pool. This respects local control and previously negotiated agreements, ensuring the legislation does not retroactively override existing governance structures.

Additionally, H.B. 5606 amends Section 22.003(c-1) of the Education Code to require that school districts include information about the sick leave pool and employees’ related rights in any informational handbook (paper or electronic) provided to staff. Forms used to request leave must also include options relevant to the sick leave pool, including specific designations like assault leave.
Author
Terry Wilson
Sponsor
Brandon Creighton
Co-Sponsor
Donna Campbell
Sarah Eckhardt
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 5606 will have no fiscal implication on the State of Texas. The bill does not mandate any direct state expenditures or revenue changes, nor does it require the creation of new state-level programs or oversight bodies. This assessment suggests the bill’s implementation would not increase the financial burden on the state budget.

At the local level, however, public school districts and open-enrollment charter schools may face some indeterminate costs. These would arise from the need to develop and implement administrative processes for managing the sick leave pool, including tracking donated leave, verifying eligibility for usage, and incorporating related changes into employee handbook systems. The fiscal note highlights that the specific costs to local districts cannot be determined at this time, likely due to variation in existing human resource infrastructure and policy across school systems.

Ultimately, while HB 5606 creates a new benefit structure for school employees, it does so without requiring state appropriations, relying instead on internal district management and already-accrued employee leave balances. The legislation may lead to modest administrative expenses at the local level, but these are not expected to be prohibitive or require state-level financial support.

Vote Recommendation Notes

HB 5606, while presented as a commonsense measure to utilize unused sick leave, represents a philosophical shift in how public employee benefits are treated and administered. By requiring most Texas school districts and open-enrollment charter schools to establish a sick leave pool for retiring employees’ unused leave, the bill effectively reclassifies an individually earned benefit into a transferable asset for others to use. This changes the fundamental nature of sick leave from a personal safety net into a communal resource, which raises several concerns regarding public sector accountability, fiscal responsibility, and precedent-setting policy.

First, the bill introduces an implicit expansion of government-managed benefit structures, even if it does not require new spending or state-level oversight. Sick leave is traditionally granted to ensure employees can recover from illness without losing pay. It is not meant to be accumulated and redirected as a legacy benefit. Allowing such a practice risks normalizing the idea that unused benefits can be converted into ongoing support systems, which could pave the way for future mandates, such as expanded leave-sharing arrangements or new forms of publicly funded time-off entitlements.

Second, while the bill avoids an overt financial impact on the state, it creates an administrative and cultural burden on local districts. Implementing and managing a sick leave pool requires infrastructure, record-keeping, policy changes, and potential disputes over eligibility and usage. These changes carry indirect costs and divert focus from the core mission of educational institutions. Additionally, school districts may feel pressure to expand benefits in order to align with the new baseline the state has introduced, even if it conflicts with local fiscal priorities or staffing needs.

Third, from a taxpayer perspective, the policy risks sending the wrong message. Public employees are compensated to perform work for the state’s students and communities. Expanding the use of sick leave beyond the individual to others in the system dilutes the pay-for-service principle and opens the door to inefficiencies and entitlement creep. If employees wish to donate leave, that should remain a strictly voluntary and locally governed matter, not one driven by a state-imposed structure.

Lastly, while the bill includes an exemption for districts with conflicting preexisting policies, that carveout is insufficient to address broader concerns about scope and precedent. The fundamental issue is not local flexibility, but the state’s endorsement of leave collectivization across public education systems—something many advocates of limited government and strict employee accountability would reject.

For these reasons, despite its limited immediate fiscal impact and optional carveout for certain districts, HB 5606 raises substantial concerns related to government overreach, misaligned public sector incentives, and long-term policy implications. Texas Policy Research recommends that lawmakers vote NO on HB 5606.

  • Individual Liberty: While the bill purports to help employees by offering a shared safety net of sick leave, it does so by redefining a personal employment benefit as a communal asset. Sick leave is traditionally earned by the individual for use in personal hardship. Automatically transferring unused leave to a pooled system upon retirement may infringe on the principle of individual liberty by removing the employee’s autonomy over how their earned leave is used. It further raises concerns about fairness: why should one person's unused benefit fund another’s time off?
  • Personal Responsibility: The sick leave pool may diminish the incentive for employees to manage their own time off responsibly. If additional days are accessible through a shared pool, employees might be less disciplined in preserving their own sick leave. Moreover, by creating a fallback resource, the bill could reduce the urgency for districts and employees to address leave usage through careful planning or personal savings. Responsibility for managing time off shifts from the individual to a collectivized safety net, weakening the ethic of self-reliance.
  • Free Enterprise: While the bill does not directly burden private businesses, it establishes a government standard for benefit management within public institutions. This may create a subtle chilling effect by signaling that centralized, state-endorsed benefit pooling is an acceptable norm, potentially influencing similar proposals in other sectors, including higher education or local government. It also weakens competition in employment practices by nudging districts toward uniform benefit expansion, rather than allowing flexibility through market-style negotiation or merit-based administration.
  • Private Property Rights: Sick leave, while not property in the legal sense, is a contractually earned benefit. This bill effectively redirects the value of that earned benefit without giving the employee the option to cash it out or direct its use. The automatic transfer into a sick leave pool reduces the sense of ownership over one’s earned time. Although done under the guise of policy efficiency, this approach erodes the principle that individuals should control the fruits of their labor, including the right to forfeit or preserve unused benefits as they see fit.
  • Limited Government: This is perhaps the strongest area of concern. The bill imposes a state-level mandate on local school districts and charter schools, requiring the creation and maintenance of a sick leave pool—unless they already have a policy in place. This undermines the principle of limited government by substituting centralized policy judgment for local discretion. Even though the financial cost is low, the policy directive is clear: the state believes this benefit structure should be universally adopted, regardless of whether local boards or voters support it.
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