S.B. No. 833
AN ACT
relating to the accrual of vacation and sick leave for certain state
employees during a military leave of absence and to the eligibility
of military service members to hold state office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b) and (c), Section 661.904,
Government Code, are amended to read as follows:
(b) The employee on an unpaid leave of absence during
military duty described by Subsection (a) continues to accrue:
(1) state service credit for purposes of longevity
pay;
(2) [while on military duty described by Subsection
(a) but does not accrue] vacation leave; and
(3) [or] sick leave [during an unpaid leave of
absence].
(c) The employee may retain any accrued vacation or sick
leave and is entitled to be credited with those balances on return
to state employment from military duty described by Subsection (a).
Leave earned while on an unpaid leave of absence during military
duty described by Subsection (a) [in a state-paid status] is
credited to the employee's balance when the employee returns to
active state employment.
SECTION 2. Subchapter A, Chapter 431, Government Code, is
amended by adding Section 431.0055 to read as follows:
Sec. 431.0055. DUAL OFFICE HOLDING. A position in or
membership in the state military forces is not considered to be a
civil office of emolument.
SECTION 3. Section 1 of this Act takes effect immediately if
this Act 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, Section 1 of this Act takes effect September 1,
2009. Section 2 of this Act takes effect January 1, 2010, but only
if the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, authorizing an officer or enlisted member of
the Texas State Guard or other state militia or military force to
hold other civil offices is approved by the voters. If that
proposed constitutional amendment is not approved by the voters,
Section 2 of this Act has no effect.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 833 passed the Senate on
April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 833 passed the House, with
amendment, on May 20, 2009, by the following vote: Yeas 137,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor