Texas 2009 - 81st Regular

Texas Senate Bill SB833 Compare Versions

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1	1	S.B. No. 833
2	2
3	3
4	4	AN ACT
5	5	relating to the accrual of vacation and sick leave for certain state
6	6	employees during a military leave of absence and to the eligibility
7	7	of military service members to hold state office.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsections (b) and (c), Section 661.904,
10	10	Government Code, are amended to read as follows:
11	11	(b) The employee on an unpaid leave of absence during
12	12	military duty described by Subsection (a) continues to accrue:
13	13	(1) state service credit for purposes of longevity
14	14	pay;
15	15	(2) [while on military duty described by Subsection
16	16	(a) but does not accrue] vacation leave; and
17	17	(3) [or] sick leave [during an unpaid leave of
18	18	absence].
19	19	(c) The employee may retain any accrued vacation or sick
20	20	leave and is entitled to be credited with those balances on return
21	21	to state employment from military duty described by Subsection (a).
22	22	Leave earned while on an unpaid leave of absence during military
23	23	duty described by Subsection (a) [in a state-paid status] is
24	24	credited to the employee's balance when the employee returns to
25	25	active state employment.
26	26	SECTION 2. Subchapter A, Chapter 431, Government Code, is
27	27	amended by adding Section 431.0055 to read as follows:
28	28	Sec. 431.0055. DUAL OFFICE HOLDING. A position in or
29	29	membership in the state military forces is not considered to be a
30	30	civil office of emolument.
31	31	SECTION 3. Section 1 of this Act takes effect immediately if
32	32	this Act receives a vote of two-thirds of all the members elected to
33	33	each house, as provided by Section 39, Article III, Texas
34	34	Constitution. If this Act does not receive the vote necessary for
35	35	immediate effect, Section 1 of this Act takes effect September 1,
36	36	2009. Section 2 of this Act takes effect January 1, 2010, but only
37	37	if the constitutional amendment proposed by the 81st Legislature,
38	38	Regular Session, 2009, authorizing an officer or enlisted member of
39	39	the Texas State Guard or other state militia or military force to
40	40	hold other civil offices is approved by the voters. If that
41	41	proposed constitutional amendment is not approved by the voters,
42	42	Section 2 of this Act has no effect.
43	43	______________________________ ______________________________
44	44	President of the Senate Speaker of the House
45	45	I hereby certify that S.B. No. 833 passed the Senate on
46	46	April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
47	47	the Senate concurred in House amendment on May 29, 2009, by the
48	48	following vote: Yeas 31, Nays 0.
49	49	______________________________
50	50	Secretary of the Senate
51	51	I hereby certify that S.B. No. 833 passed the House, with
52	52	amendment, on May 20, 2009, by the following vote: Yeas 137,
53	53	Nays 0, one present not voting.
54	54	______________________________
55	55	Chief Clerk of the House
56	56	Approved:
57	57	______________________________
58	58	Date
59	59	______________________________
60	60	Governor