76R10130 BDH-D
By Uher, Green, Delisi, Solis of Bexar, H.B. No. 1887
Gutierrez
Substitute the following for H.B. No. 1887:
By Hunter C.S.H.B. No. 1887
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensation and benefits for members of the state
1-3 military forces and their dependents.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 431.006, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 431.006. REEMPLOYMENT OF PERSON CALLED TO TRAINING OR
1-8 [ACTIVE] DUTY. (a) A private employer may not terminate the
1-9 employment of a permanent employee who is a member of the state
1-10 military forces because the employee is ordered to authorized
1-11 training or [active] duty by proper authority [during an emergency
1-12 within the state]. The employee is entitled to return to the same
1-13 employment held when ordered to training or [active] duty and may
1-14 not be subjected to loss of time, efficiency rating, vacation time,
1-15 or any benefit of employment during or because of the absence. The
1-16 employee, as soon as practicable after release from duty, must give
1-17 written or actual notice of intent to return to employment.
1-18 (b) A person injured by a violation of this section is
1-19 entitled to:
1-20 (1) damages in an amount not exceeding six months'
1-21 compensation at the rate at which the person was compensated when
1-22 ordered to training or [active] duty; and
1-23 (2) reasonable attorney's fees approved by the court.
1-24 (c) It is a defense to an action under this section that the
2-1 employer's circumstances changed while the employee was in training
2-2 or on [active] duty to an extent that makes reemployment impossible
2-3 or unreasonable.
2-4 SECTION 2. Section 431.082(c), Government Code, is amended
2-5 to read as follows:
2-6 (c) When the adjutant general authorizes payment for
2-7 training or other duty under Subsection (b), a member of the state
2-8 military forces performing the training or other duty is entitled,
2-9 during the period of the training or other duty, to receive pay and
2-10 allowances as provided by law for the United States Armed Forces,
2-11 except that the pay may not be less than the reimbursement for
2-12 lodging and meals authorized by the General Appropriations Act.
2-13 This pay is an emolument for training or other duty and is salary
2-14 or base pay. The pay and allowances [and] may not be reduced
2-15 because of food, shelter, or transportation that the state pays or
2-16 furnishes in connection with the training or other duty.
2-17 SECTION 3. Section 431.104, Government Code, is amended to
2-18 read as follows:
2-19 Sec. 431.104. COMPENSATION FOR PERMANENT DISABILITY. (a) A
2-20 member of the state military forces whose disability incurred in
2-21 the line of military duty is permanent is entitled, after payment
2-22 under Section 431.102 has ceased and in addition to payment and
2-23 allowance under Section 431.103, to receive compensation under
2-24 Chapter 501, Labor Code [based on the person's percentage of total
2-25 disability]. [The compensation may not exceed $440 a month plus 12
2-26 1/2 percent of the basic pay of the grade or rank that the person
2-27 held when the disability was incurred.]
3-1 (b) The adjutant general shall appoint at least five
3-2 persons, including at least one officer of the medical corps, as
3-3 members of a board of officers. The board of officers, subject to
3-4 approval by the adjutant general, may award compensation for a
3-5 person's disability in addition to any compensation the person
3-6 receives under Chapter 501, Labor Code, notwithstanding Section
3-7 408.001, Labor Code.
3-8 (c) The board of officers shall[:]
3-9 [(1) determine a person's percentage of disability and
3-10 award compensation for the disability under this section; and]
3-11 [(2)] review each compensation award under Subsection
3-12 (b) annually on a date set by the adjutant general to determine
3-13 whether the award should be continued, increased, reduced, or
3-14 eliminated.
3-15 (d) The adjutant general may use available public funds to
3-16 purchase an insurance policy or annuity contract from any insurance
3-17 or annuity company authorized to do business in this state as the
3-18 adjutant general considers necessary to carry out this section.
3-19 SECTION 4. Section 431.105, Government Code, is amended by
3-20 amending Subsection (d) and adding Subsection (e) to read as
3-21 follows:
3-22 (d) The person's surviving dependent parents are entitled to
3-23 compensation as follows:
3-24 (1) if one dependent parent survives, $75 a month;
3-25 (2) if two dependent parents survive, $40 each a
3-26 month; and
3-27 (3) if a dependent parent who survives is a resident
4-1 in a nursing home or is so nearly helpless or blind as to require
4-2 the regular aid and attendance of another person, the rate of
4-3 compensation payable to the dependent parent under Subdivision (1)
4-4 or (2) is increased by $79 a month.
4-5 (e) Compensation and reimbursement under this subchapter and
4-6 the cost of administering this subchapter shall be paid from funds
4-7 in the state treasury appropriated to the state military forces in
4-8 the same manner provided for other expenditure of state funds.
4-9 Compensation or reimbursement may not be paid if the claim results
4-10 from activity related to duty or training under federal law or
4-11 regulations and federal law or regulations provide for the payment
4-12 of compensation or reimbursement.
4-13 SECTION 5. Section 501.001(5), Labor Code, is amended to
4-14 read as follows:
4-15 (5) "Employee" means a person who is:
4-16 (A) in the service of the state pursuant to an
4-17 election, appointment, or express oral or written contract of hire;
4-18 (B) paid from state funds but whose duties
4-19 require that the person work and frequently receive supervision in
4-20 a political subdivision of the state; [or]
4-21 (C) a peace officer employed by a political
4-22 subdivision, while the peace officer is exercising authority
4-23 granted under Article 14.03(c), Code of Criminal Procedure; or
4-24 (D) a member of the state military forces, as
4-25 defined by Section 431.001, Government Code, who is engaged in
4-26 authorized training or duty.
4-27 SECTION 6. Section 501.024, Labor Code, is amended to read
5-1 as follows:
5-2 Sec. 501.024. EXCLUSIONS FROM COVERAGE. The following
5-3 persons are excluded from coverage as an employee under this
5-4 chapter:
5-5 (1) a person performing personal services for the
5-6 state as an independent contractor or volunteer;
5-7 (2) [a member of the state military forces as defined
5-8 by Section 431.001, Government Code;]
5-9 [(3)] a person who at the time of injury was
5-10 performing services for the federal government and who is covered
5-11 by some form of federal workers' compensation insurance;
5-12 (3) [(4)] a prisoner or inmate of a prison or
5-13 correctional institution;
5-14 (4) [(5)] a client or patient of a state agency;
5-15 (5) [(6)] a person employed by the Texas Department of
5-16 Transportation who is covered under Chapter 505;
5-17 (6) [(7)] a person employed by The University of Texas
5-18 System who is covered by Chapter 503; and
5-19 (7) [(8)] a person employed by The Texas A&M
5-20 University System who is covered by Chapter 502.
5-21 SECTION 7. (a) This Act takes effect September 1, 1999.
5-22 (b) The change in law made by this Act to Sections 431.104
5-23 and 431.105, Government Code, apply only to an injury or death of a
5-24 member of the state military forces occurring on or after August
5-25 15, 1998, and to compensation payable on or after the effective
5-26 date of this Act.
5-27 (c) The change in law made by this Act to Sections 501.001
6-1 and 501.024, Labor Code, applies to a compensable injury sustained
6-2 by a member of the state military forces on or after August 15,
6-3 1998. For purposes of complying with the procedural requirements
6-4 to establish a claim for compensation under the workers'
6-5 compensation laws by a member of the state military forces who
6-6 sustains a compensable injury before the effective date of this
6-7 Act, the member's compensable injury is considered to have been
6-8 sustained on the effective date of this Act.
6-9 (d) Compensation paid or payable for an injury or death
6-10 occurring before August 15, 1998, and compensation paid or payable
6-11 before the effective date of this Act for any injury or death are
6-12 governed by the law as it existed on that date, and the former law
6-13 is continued in effect for that purpose.
6-14 SECTION 8. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended.