Amends TCA Title 8 and Title 50.

If a person who is employed by a state or local governmental entity ("employee") misses a work day due to illness, then this bill prohibits the applicable commissioner, department, officer, or agency of state or local government having the power to make appointments to, and separation from, positions in the service of such government, including an agent acting under the supervision of such person ("appointing authority") from trespassing on, or entering the private property or residence of, the employee to confirm that the employee is ill.<br /> <br /> VOLUNTARY CONSENT AGREEMENT<br /> <br /> This bill authorizes an appointing authority to request that an employee, after any probationary period has expired, voluntarily execute a written consent agreement authorizing the appointing authority to enter the private property, or residence of, the employee to confirm that the employee is ill. However, the appointing authority is prohibited from inducing an employee to sign such agreement through coercion, duress, or pressure, or by threatening to withhold salary, benefits, entitlements, or other privileges to which the employee is entitled by virtue of the employee's position. <br /> <br /> If an appointing authority requests an employee to voluntarily execute a consent agreement, then this bill requires such to be the policy for all employees under the appointing authority's supervision.<br /> <br /> This bill provides that a consent agreement executed voluntarily and in good faith expires on December 31 of the year in which the consent was executed and must be renewed annually. Additionally, a consent agreement executed against the employee's will or otherwise under coercion, duress, or pressure is against public policy and void.<br /> <br /> ENTERING PRIVATE PROPERTY<br /> <br /> This bill provides the following if an appointing authority enters an employee's private property or residence:<br /> <br /> (1) Upon an executed consent agreement, the appointing authority is authorized only to enter the property during normal business hours and is required to attempt to contact and give notice to the employee not less than one hour prior; and<br /> <br /> (2) Regardless of whether the employee consents, the appointing authority assumes full liability for damage to person or property as the proximate result of the appointing authority's failure to exercise reasonable care while on the property.<br /> <br /> This bill provides that an appointing authority that enters the private property or residence of an employee without valid, written consent, executed in accordance with this bill, commits criminal trespass.<br />