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


Senate Research CenterC.S.S.B. 525
76R10130  BDH-DBy: Luna
Veterans Affairs
3/23/1999
Committee Report (Substituted)


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. C.S.S.B. 525 would expand disability
and surviving dependents' compensation, and protect reemployment rights of
state military forces while they are called to training. 

PURPOSE

As proposed, C.S.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, to provide that a
soldier is entitled to compensation under Chapter 501, Labor Code, rather
than based on a pay percentage calculation. Deletes a prohibition regarding
the amount of compensation to which a soldier is entitled. Authorizes the
board of officers to award compensation in addition to other compensation.
Authorizes the adjutant general to use public funds to purchase insurance
from a Texas business. Makes conforming changes. 

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 certain compensation, and sets forth the compensation amounts
and percentages.  Redesignates existing Subsection (d) as Subsection (e).   

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

SECTION 6.  Amends Section 501.024, Labor Code, to delete text regarding
the exclusion of  soldiers from coverage, and makes conforming changes. 

SECTION 7.  Effective date:  September 1, 1999.  Provides that only
injuries and deaths subsequent to August 15, 1998 are applicable to changes
in this Act.  

SECTION 8.Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 3.

Amends Section 431.104, Government Code, to provide that a person receives
compensation under Chapter 501, Labor Code, rather than a certain
percentage calculation, and expands the adjutant general's authority.
Deletes a list of disability ratings and  corresponding monthly
entitlements.  Redesignates Subsection (c) to Subsection (b). 

SECTION 5.

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

SECTION 6.  

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

SECTION 7.

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

SECTION 8.
  
 Emergency clause.