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