HBA-DMD C.S.H.B. 1887 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1887 By: Uher State, Federal, & International Relations 34/8/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, there is a significant difference between benefits awarded to a member of a state military force who provides service for the United States and one who provides service only to the state. Full benefits are given by the federal government whereas Texas awards less comparable benefits. Attention was called to this matter by an 1998 accident involving a member of the Texas State Guard while on duty. C.S.H.B. 1887 prohibits a private employer from terminating the employment of a permanent employee who is a member of the state military forces because the employee is ordered to authorized training or duty by proper authority. This bill entitles an employee to return to the same employment held when ordered to training or duty and prohibits the employee from being subjected to loss of time, efficiency rating, vacation time, or any benefit of employment during or because of the absence. It includes allowances as a benefit that a member of the state military forces is entitled to when performing training or other duty. C.S.H.B. 1887 authorizes the board of officers to award compensation for a person's disability. It authorizes the adjutant general to use public funds to purchase an insurance policy or annuity contract. This bill also entitles the person's surviving dependent parents to compensation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 431.006, Government Code, as follows: Sec. 431.006. New Title: REEMPLOYMENT OF PERSON CALLED TO TRAINING OR DUTY. Prohibits a private employer from terminating the employment of a permanent employee who is a member of the state military forces because the employee is ordered to authorized training or duty, rather than active duty, by proper authority, rather than by proper authority during an emergency within the state. Provides that the employee is entitled to return to the same employment held when ordered to training or duty, rather than active duty, and is prohibited from being subjected to loss of time, efficiency rating, vacation time, or any benefit of employment during or because of the absence. Makes conforming changes. SECTION 2. Amends Section 431.082(c), Government Code, to include allowances as a benefit that a member of the state military forces is entitled to when performing training or other duty. Makes conforming changes. SECTION 3. Amends Section 431.104, Government Code, as follows: Sec. 431.104. COMPENSATION FOR PERMANENT DISABILITY. (a) Entitles a member of the state military forces whose disability incurred in the line of military duty is permanent, to receive compensation under Chapter 501 (Workers' Compensation Insurance Coverage for State Employees, Including Employees Under the Direction or Control of the Board of Regents of Texas Tech University), Labor Code, rather than receive compensation based on the person's percentage of total disability. Deletes the provision prohibiting the compensation for disability incurred in the line of military duty from exceeding $440 a month plus 12 and one-half percent of the basic pay of the grade or rank that the person held. (b) Authorizes the board of officers, subject to approval by the adjutant general, to award compensation for a person's disability in addition to any compensation the person receives under Chapter 501, Labor Code, notwithstanding Section 408.001 (Exclusive Remedy; Exemplary Damages), Labor Code. Deletes text requiring the board of officers to determine a person's percentage of disability and award compensation for the disability. (c) Makes conforming changes. (d) Authorizes the adjutant general to use available public funds to purchase an insurance policy or annuity contract from any insurance or annuity company authorized to do business in this state as the adjutant general considers necessary to carry out this section. SECTION 4. Amends Section 431.105, Government Code, by amending Subsection (d) and adding Subsection (e), to entitle the person's surviving dependent parents to compensation. Specifies the amount of compensation. Redesignates existing Subsection (d) to Subsection (e). SECTION 5. Amends Section 501.001(5), Labor Code, to modify the definition of "employee." SECTION 6. Amends Section 501.024, Labor Code, to delete a member of the state military forces from a list of persons who are excluded from coverage as an employee under this chapter. SECTION 7.Effective date: September 1, 1999. Makes application of Sections 431.104 and 431.105, Government Code, retroactive to August 15, 1998. Makes application of Section 501.001 and 501.024, Labor Code, of this Act prospective to August 15, 1998. SECTION 8.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1887 differs from the original bill in SECTION 3 (Section 431.104, Government Code), by specifying that a member of the state military forces whose disability incurred in the line of military duty is permanent, is entitled to receive compensation under Chapter 501 (Workers' Compensation Insurance Coverage for State Employees, Including Employees Under the Direction or Control of the Board of Regents of Texas Tech University), Labor Code, rather than receive compensation based on the person's percentage of total disability. The substitute replaces the text of Subsection (b) from the original bill, which set compensation for disability, and instead adds text to the existing law to authorize the board of officers, subject to approval by the adjutant general, to award compensation for a person's disability in addition to any compensation the person receives under Chapter 501, Labor Code, notwithstanding Section 408.001 (Workers' Compensation Benefits), Labor Code. The substitute also adds Subsection (d) to authorize the adjutant general to use available public funds to purchase an insurance policy or annuity contract from any insurance or annuity company authorized to do business in this state as the adjutant general considers necessary to carry out this section. C.S.H.B. 1887 differs from the original bill in SECTION 5 (Section 501.001(5), Labor Code), by modifying the definition of "employee." C.S.H.B. 1887 differs from the original bill by redesignating the effective date from SECTION 5 to SECTION 7 and changing the effective date from upon passage to September 1, 1999. In addition, SECTION 7 of the substitute adds prospective clauses. C.S.H.B. 1887 differs from the original bill by adding new SECTION 6, to delete a member of the state military forces from a list of persons who are excluded from coverage as an employee under this chapter. C.S.H.B. 1887 redesignates the emergency clause from SECTION 5 to SECTION 8.