82R16334 MCK-D
By: Flynn, Kleinschmidt, Guillen H.B. No. 83
Substitute the following for H.B. No. 83:
By: Flynn C.S.H.B. No. 83
A BILL TO BE ENTITLED
AN ACT
relating to compensation and employment benefits for members of the
state military forces 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
adding Subsection (d) to read as follows:
(d) A member of the state military forces called to state
active duty is a temporary state employee while on state active duty
but does not count toward a limitation on the number of full-time
employee positions of the adjutant general's department. If the
length of state active duty for a member of the state military
forces called to state active duty exceeds 45 consecutive days, the
adjutant general may pay the member an amount not to exceed 165
percent of the amount authorized by the General Appropriations Act.
If the length of state active duty for a member of the state
military forces called to state active duty exceeds 90 consecutive
days, the member is after the 90th day eligible for coverage in the
group benefits program, eligible for membership in the employee
class of the Employees Retirement System of Texas, and otherwise
eligible to receive benefits provided to state employees whose
employment may be temporary.
SECTION 2. Section 431.0825, Government Code, is amended to
read as follows:
Sec. 431.0825. EMPLOYEES IN STATE MILITARY FORCES [NATIONAL
GUARD]; EMERGENCY LEAVE. A state employee or an employee of a
municipality, county, or other political subdivision of the state
called to state active duty as a member of the state military forces
by the governor is entitled to receive paid emergency leave without
loss of military leave under Section 431.005(a) or annual leave.
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, 2011.