| 1 | 1 | | 82R16334 MCK-D |
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| 2 | 2 | | By: Flynn, Kleinschmidt, Guillen H.B. No. 83 |
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| 3 | 3 | | Substitute the following for H.B. No. 83: |
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| 4 | 4 | | By: Flynn C.S.H.B. No. 83 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to compensation and employment benefits for members of the |
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| 10 | 10 | | state military forces called to state active duty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 431.082, Government Code, is amended by |
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| 13 | 13 | | adding Subsection (d) to read as follows: |
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| 14 | 14 | | (d) A member of the state military forces called to state |
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| 15 | 15 | | active duty is a temporary state employee while on state active duty |
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| 16 | 16 | | but does not count toward a limitation on the number of full-time |
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| 17 | 17 | | employee positions of the adjutant general's department. If the |
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| 18 | 18 | | length of state active duty for a member of the state military |
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| 19 | 19 | | forces called to state active duty exceeds 45 consecutive days, the |
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| 20 | 20 | | adjutant general may pay the member an amount not to exceed 165 |
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| 21 | 21 | | percent of the amount authorized by the General Appropriations Act. |
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| 22 | 22 | | If the length of state active duty for a member of the state |
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| 23 | 23 | | military forces called to state active duty exceeds 90 consecutive |
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| 24 | 24 | | days, the member is after the 90th day eligible for coverage in the |
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| 25 | 25 | | group benefits program, eligible for membership in the employee |
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| 26 | 26 | | class of the Employees Retirement System of Texas, and otherwise |
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| 27 | 27 | | eligible to receive benefits provided to state employees whose |
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| 28 | 28 | | employment may be temporary. |
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| 29 | 29 | | SECTION 2. Section 431.0825, Government Code, is amended to |
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| 30 | 30 | | read as follows: |
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| 31 | 31 | | Sec. 431.0825. EMPLOYEES IN STATE MILITARY FORCES [NATIONAL |
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| 32 | 32 | | GUARD]; EMERGENCY LEAVE. A state employee or an employee of a |
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| 33 | 33 | | municipality, county, or other political subdivision of the state |
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| 34 | 34 | | called to state active duty as a member of the state military forces |
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| 35 | 35 | | by the governor is entitled to receive paid emergency leave without |
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| 36 | 36 | | loss of military leave under Section 431.005(a) or annual leave. |
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| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2011. |
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