| 1 | 1 | | 81R6160 MCK-D |
|---|
| 2 | 2 | | By: Flynn H.B. No. 1607 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to compensation and employment benefits for members of the |
|---|
| 8 | 8 | | Texas State Guard called to state active duty. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 431.082, Government Code, is amended by |
|---|
| 11 | 11 | | amending Subsections (b) and (c) and adding Subsection (d) to read |
|---|
| 12 | 12 | | as follows: |
|---|
| 13 | 13 | | (b) A member of the Texas National Guard [state military |
|---|
| 14 | 14 | | forces] who volunteers to perform training or other duty solely |
|---|
| 15 | 15 | | under state authority may not receive salary or allowances from the |
|---|
| 16 | 16 | | state for the duty unless the adjutant general authorizes the |
|---|
| 17 | 17 | | payment, but may be reimbursed for lodging and meals as authorized |
|---|
| 18 | 18 | | by the General Appropriations Act if the adjutant general |
|---|
| 19 | 19 | | authorizes the payment. Training or duty without pay is considered |
|---|
| 20 | 20 | | for all purposes as if it were training or duty with pay. |
|---|
| 21 | 21 | | (c) When the adjutant general authorizes payment for |
|---|
| 22 | 22 | | training or other duty under Subsection (b), a member of the Texas |
|---|
| 23 | 23 | | National Guard [state military forces] performing the training or |
|---|
| 24 | 24 | | other duty is entitled, during the period of the training or other |
|---|
| 25 | 25 | | duty, to receive pay and allowances as provided by law for the |
|---|
| 26 | 26 | | United States Armed Forces, except that the pay may not be less than |
|---|
| 27 | 27 | | the reimbursement for lodging and meals authorized by the General |
|---|
| 28 | 28 | | Appropriations Act. This pay is an emolument for training or other |
|---|
| 29 | 29 | | duty and is salary or base pay. The pay and allowances may not be |
|---|
| 30 | 30 | | reduced because of food, shelter, or transportation that the state |
|---|
| 31 | 31 | | pays or furnishes in connection with the training or other duty. |
|---|
| 32 | 32 | | (d) A member of the Texas State Guard called to state active |
|---|
| 33 | 33 | | duty is an employee of the state while on state active duty. The |
|---|
| 34 | 34 | | adjutant general shall pay members of the Texas State Guard called |
|---|
| 35 | 35 | | to state active duty according to Chapters 654 and 659 and the |
|---|
| 36 | 36 | | salary schedule in the General Appropriations Act for state |
|---|
| 37 | 37 | | employees. If the length of state active duty exceeds 45 |
|---|
| 38 | 38 | | consecutive days, the adjutant general may pay the members of the |
|---|
| 39 | 39 | | Texas State Guard called to state active duty up to 140 percent of |
|---|
| 40 | 40 | | the amount authorized under the salary schedule in the General |
|---|
| 41 | 41 | | Appropriations Act. |
|---|
| 42 | 42 | | SECTION 2. Section 1551.1055, Insurance Code, is amended by |
|---|
| 43 | 43 | | adding Subsection (e) to read as follows: |
|---|
| 44 | 44 | | (e) This subsection applies only to a member of the Texas |
|---|
| 45 | 45 | | State Guard who is called to state active duty. Notwithstanding |
|---|
| 46 | 46 | | Subsection (a), eligibility under Section 1551.101 begins on the |
|---|
| 47 | 47 | | first day that a member of the Texas State Guard is called to state |
|---|
| 48 | 48 | | active duty. |
|---|
| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 53 | 53 | | Act takes effect September 1, 2009. |
|---|