By: Luna, et al. S.B. No. 525
A BILL TO BE ENTITLED
AN ACT
1-1 relating to compensation and benefits for members of the state
1-2 military forces and their dependents.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 431.006, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 431.006. REEMPLOYMENT OF PERSON CALLED TO TRAINING OR
1-7 [ACTIVE] DUTY. (a) A private employer may not terminate the
1-8 employment of a permanent employee who is a member of the state
1-9 military forces because the employee is ordered to authorized
1-10 training or [active] duty by proper authority [during an emergency
1-11 within the state]. The employee is entitled to return to the same
1-12 employment held when ordered to training or [active] duty and may
1-13 not be subjected to loss of time, efficiency rating, vacation time,
1-14 or any benefit of employment during or because of the absence. The
1-15 employee, as soon as practicable after release from duty, must give
1-16 written or actual notice of intent to return to employment.
1-17 (b) A person injured by a violation of this section is
1-18 entitled to:
1-19 (1) damages in an amount not exceeding six months'
1-20 compensation at the rate at which the person was compensated when
1-21 ordered to training or [active] duty; and
1-22 (2) reasonable attorney's fees approved by the court.
1-23 (c) It is a defense to an action under this section that the
1-24 employer's circumstances changed while the employee was in training
2-1 or on [active] duty to an extent that makes reemployment impossible
2-2 or unreasonable.
2-3 SECTION 2. Subsection (c), Section 431.082, Government Code,
2-4 is amended to read as follows:
2-5 (c) When the adjutant general authorizes payment for
2-6 training or other duty under Subsection (b), a member of the state
2-7 military forces performing the training or other duty is entitled,
2-8 during the period of the training or other duty, to receive pay and
2-9 allowances as provided by law for the United States Armed Forces,
2-10 except that the pay may not be less than the reimbursement for
2-11 lodging and meals authorized by the General Appropriations Act.
2-12 This pay is an emolument for training or other duty and is salary
2-13 or base pay. The pay and allowances [and] may not be reduced
2-14 because of food, shelter, or transportation that the state pays or
2-15 furnishes in connection with the training or other duty.
2-16 SECTION 3. Section 431.104, Government Code, is amended to
2-17 read as follows:
2-18 Sec. 431.104. COMPENSATION FOR DEATH OR [PERMANENT]
2-19 DISABILITY. (a) A member of the state military forces who is
2-20 killed or disabled while engaged in authorized training or duty
2-21 [whose disability incurred in the line of military duty] is
2-22 [permanent is] entitled[, after payment under Section 431.102 has
2-23 ceased and in addition to payment and allowance under Section
2-24 431.103,] to receive compensation under Chapter 501, Labor Code
2-25 [based on the person's percentage of total disability]. [The
2-26 compensation may not exceed $440 a month plus 12 1/2 percent of the
3-1 basic pay of the grade or rank that the person held when the
3-2 disability was incurred.]
3-3 (b) The adjutant general, in cooperation with the State
3-4 Office of Risk Management, may use available public funds to
3-5 purchase an insurance policy or annuity contract from any insurance
3-6 or annuity company authorized to do business in this state as the
3-7 adjutant general considers necessary to carry out this section.
3-8 This subsection expires September 1, 2001 [shall appoint at least
3-9 five persons, including at least one officer of the medical corps,
3-10 as members of a board of officers. The board of officers shall:]
3-11 [(1) determine a person's percentage of disability and
3-12 award compensation for the disability under this section; and]
3-13 [(2) review each compensation award annually on a date
3-14 set by the adjutant general to determine whether the award should
3-15 be continued, increased, reduced, or eliminated].
3-16 SECTION 4. Subchapter C, Chapter 408, Labor Code, is amended
3-17 by adding Section 408.0445 to read as follows:
3-18 Sec. 408.0445. AVERAGE WEEKLY WAGE FOR MEMBERS OF THE STATE
3-19 MILITARY FORCES. For purposes of computing income benefits or
3-20 death benefits under Section 431.104, Government Code, the average
3-21 weekly wage of a member of the state military forces as defined by
3-22 Section 431.001, Government Code, who is engaged in authorized
3-23 training or duty is an amount equal to the sum of the member's
3-24 regular weekly wage at any employment the member holds in addition
3-25 to serving as a member of the state military forces, disregarding
3-26 any period during which the member is not fully compensated for
4-1 that employment because the member is engaged in authorized
4-2 military training or duty, and the member's regular weekly wage as
4-3 a member of the state military forces, except that the amount may
4-4 not exceed 100 percent of the state average weekly wage as
4-5 determined under Section 408.047.
4-6 SECTION 5. Subdivision (5), Section 501.001, Labor Code, is
4-7 amended to read as follows:
4-8 (5) "Employee" means a person who is:
4-9 (A) in the service of the state pursuant to an
4-10 election, appointment, or express oral or written contract of hire;
4-11 (B) paid from state funds but whose duties
4-12 require that the person work and frequently receive supervision in
4-13 a political subdivision of the state; [or]
4-14 (C) a peace officer employed by a political
4-15 subdivision, while the peace officer is exercising authority
4-16 granted under Article 14.03(c), Code of Criminal Procedure; or
4-17 (D) a member of the state military forces, as
4-18 defined by Section 431.001, Government Code, who is engaged in
4-19 authorized training or duty.
4-20 SECTION 6. Section 501.002, Labor Code, is amended by adding
4-21 Subsection (e) to read as follows:
4-22 (e) For the purposes of this chapter and Chapter 451, the
4-23 adjutant general is considered the employer of a member of the
4-24 state military forces while engaged in authorized training or duty.
4-25 SECTION 7. Section 501.024, Labor Code, is amended to read
4-26 as follows:
5-1 Sec. 501.024. EXCLUSIONS FROM COVERAGE. The following
5-2 persons are excluded from coverage as an employee under this
5-3 chapter:
5-4 (1) a person performing personal services for the
5-5 state as an independent contractor or volunteer;
5-6 (2) [a member of the state military forces as defined
5-7 by Section 431.001, Government Code;]
5-8 [(3)] a person who at the time of injury was
5-9 performing services for the federal government and who is covered
5-10 by some form of federal workers' compensation insurance;
5-11 (3) [(4)] a prisoner or inmate of a prison or
5-12 correctional institution;
5-13 (4) [(5)] a client or patient of a state agency;
5-14 (5) [(6)] a person employed by the Texas Department of
5-15 Transportation who is covered under Chapter 505;
5-16 (6) [(7)] a person employed by The University of Texas
5-17 System who is covered by Chapter 503; and
5-18 (7) [(8)] a person employed by The Texas A&M
5-19 University System who is covered by Chapter 502.
5-20 SECTION 8. Sections 431.102, 431.103, 431.105, and 431.106,
5-21 Government Code, are repealed.
5-22 SECTION 9. (a) This Act takes effect September 1, 1999.
5-23 (b) The change in law made by this Act to Subchapter G,
5-24 Chapter 431, Government Code, applies only to an injury or death of
5-25 a member of the state military forces occurring on or after August
5-26 15, 1998, and to compensation payable on or after the effective
6-1 date of this Act.
6-2 (c) The change in law made by this Act to Sections 501.001
6-3 and 501.024, Labor Code, applies to a compensable injury sustained
6-4 by a member of the state military forces on or after August 15,
6-5 1998. For purposes of complying with the procedural requirements
6-6 to establish a claim for compensation under the workers'
6-7 compensation laws by a member of the state military forces who
6-8 sustains a compensable injury before the effective date of this
6-9 Act, the member's compensable injury is considered to have been
6-10 sustained on the effective date of this Act.
6-11 (d) Compensation paid or payable for an injury or death of a
6-12 member of the state military forces while engaged in authorized
6-13 training or duty occurring before August 15, 1998, and compensation
6-14 paid or payable before the effective date of this Act for any
6-15 injury or death of a member of the state military forces while
6-16 engaged in authorized training or duty are governed by the law as
6-17 it existed on the effective date, and the former law is continued
6-18 in effect for that purpose.
6-19 SECTION 10. The importance of this legislation and the
6-20 crowded condition of the calendars in both houses create an
6-21 emergency and an imperative public necessity that the
6-22 constitutional rule requiring bills to be read on three several
6-23 days in each house be suspended, and this rule is hereby suspended.