SRC-AXB S.B. 525 76(R)BILL ANALYSIS


Senate Research CenterS.B. 525
By: Luna
Veterans Affairs
6/23/1999
Enrolled


DIGEST 

In 1998, an unprecedented 6,226 Texas National Guard (soldier) members
served Texas in a variety of emergencies ranging from wild fires to floods,
at a cost of $3.23 million.  During that year, it was discovered that
soldiers are at risk in terms of disability benefits, job protection, and
further, that they are not adequately compensated for their services
according to the adjutant general.  For example, a soldier who becomes
permanently blinded during state active duty status will receive $923.42
less in benefits per month than a soldier  who was on federal active duty
status at the time of the accident. S.B. 525 expands disability and
surviving dependents' compensation, and protects reemployment rights of
state military forces while they are called to training. 

PURPOSE

As enrolled, S.B. 525 protects reemployment rights and expands compensation
for members of the Texas military forces and their dependants. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 431.006, Government Code, as follows:

Sec.  431.006.  New heading:  REEMPLOYMENT OF PERSON CALLED TO TRAINING OR
DUTY.  Prohibits the employment termination of a member of the state
military forces (soldier) because the soldier is ordered to authorized
training, rather than active duty. Prohibits the soldier from being
subjected to loss of time, efficiency rating, vacation time, or any
employment benefit during or because of being absent.  Deletes the
provision that a soldier can only be ordered to duty during an emergency.
Makes conforming changes. 

SECTION 2.  Amends Section 431.082(c), Government Code, to entitle a
soldier to receive pay and allowances for training or other duty.  Makes
conforming changes. 

SECTION 3.  Amends Section 431.104, Government Code, as follows:

Sec.  431.104.  New heading:  COMPENSATION FOR DEATH OR DISABILITY.
Provides that a member of the state military forces who is killed or
disabled while engaged in authorized training or duty is entitled to
receive compensation under Chapter 501, Labor Code.  Authorizes the
adjutant general, in cooperation with the State Office of Risk Management,
to use certain funds to purchase insurance necessary to carry out this
section. Provides that this section expires September 1, 2001.  Deletes
text regarding disability payment, calculations, and required appointments
to a board of officers. 

SECTION 4.  Amends Chapter 408C, Labor Code, by adding Section 408.0445, as
follows: 

Sec.  408.0455.  AVERAGE WEEKLY WAGE FOR MEMBERS OF THE STATE MILITARY
FORCES.  Provides that an average weekly wage for certain entities is equal
to the sum of the weekly wage at any employment the member holds and the
member's weekly  wage as a member of the state military forces, under
certain conditions.  Sets forth maximum wage limitations. 

SECTION 5.  Amends Section 501.001(5), Labor Code, to redefine "employee."

SECTION 6.  Amends Section 501.002, Labor Code, by adding Subsection (e),
to consider the adjutant general as the employer of a member of the state
military forces while engaged in authorized training or duty. 

SECTION 7.  Amends Section 501.024, Labor Code, to delete text regarding
the exclusion of soldiers from coverage, and makes conforming changes. 

SECTION 8.  Repealers:

 Section 431.102, Government Code (Medical Care).
 Section 431.103, Government Code (Pay Allowances).
 Section 431.105, Government Code (Compensation for Death).
 Section 431.106, Government Code (Administration by Adjutant General).

SECTION 9.  Effective date:  September 1, 1999.  Provides that only
injuries and deaths subsequent to August 15, 1998 are applicable to changes
in this Act.  

SECTION 10.Emergency clause.