1-1 By: Luna, et al. S.B. No. 525
1-2 (In the Senate - Filed February 16, 1999; February 17, 1999,
1-3 read first time and referred to Committee on Veteran Affairs and
1-4 Military Installations; March 25, 1999, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 3, Nays
1-6 0; March 25, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 525 By: Luna
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to compensation and benefits for members of the state
1-11 military forces and their dependents.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 431.006, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 431.006. REEMPLOYMENT OF PERSON CALLED TO TRAINING OR
1-16 [ACTIVE] DUTY. (a) A private employer may not terminate the
1-17 employment of a permanent employee who is a member of the state
1-18 military forces because the employee is ordered to authorized
1-19 training or [active] duty by proper authority [during an emergency
1-20 within the state]. The employee is entitled to return to the same
1-21 employment held when ordered to training or [active] duty and may
1-22 not be subjected to loss of time, efficiency rating, vacation time,
1-23 or any benefit of employment during or because of the absence. The
1-24 employee, as soon as practicable after release from duty, must give
1-25 written or actual notice of intent to return to employment.
1-26 (b) A person injured by a violation of this section is
1-27 entitled to:
1-28 (1) damages in an amount not exceeding six months'
1-29 compensation at the rate at which the person was compensated when
1-30 ordered to training or [active] duty; and
1-31 (2) reasonable attorney's fees approved by the court.
1-32 (c) It is a defense to an action under this section that the
1-33 employer's circumstances changed while the employee was in training
1-34 or on [active] duty to an extent that makes reemployment impossible
1-35 or unreasonable.
1-36 SECTION 2. Subsection (c), Section 431.082, Government Code,
1-37 is amended to read as follows:
1-38 (c) When the adjutant general authorizes payment for
1-39 training or other duty under Subsection (b), a member of the state
1-40 military forces performing the training or other duty is entitled,
1-41 during the period of the training or other duty, to receive pay and
1-42 allowances as provided by law for the United States Armed Forces,
1-43 except that the pay may not be less than the reimbursement for
1-44 lodging and meals authorized by the General Appropriations Act.
1-45 This pay is an emolument for training or other duty and is salary
1-46 or base pay. The pay and allowances may not be reduced because of
1-47 food, shelter, or transportation that the state pays or furnishes
1-48 in connection with the training or other duty.
1-49 SECTION 3. Section 431.104, Government Code, is amended to
1-50 read as follows:
1-51 Sec. 431.104. COMPENSATION FOR PERMANENT DISABILITY. (a) A
1-52 member of the state military forces whose disability incurred in
1-53 the line of military duty is permanent is entitled, after payment
1-54 under Section 431.102 has ceased and in addition to payment and
1-55 allowance under Section 431.103, to receive compensation under
1-56 Chapter 501, Labor Code [based on the person's percentage of total
1-57 disability. The compensation may not exceed $440 a month plus 12
1-58 1/2 percent of the basic pay of the grade or rank that the person
1-59 held when the disability was incurred].
1-60 (b) The adjutant general shall appoint at least five
1-61 persons, including at least one officer of the medical corps, as
1-62 members of a board of officers. The board of officers, subject to
1-63 approval by the adjutant general, may award compensation for a
1-64 person's disability in addition to any compensation the person
2-1 receives under Chapter 501, Labor Code, notwithstanding Section
2-2 408.001, Labor Code.
2-3 (c) The board of officers shall[:]
2-4 [(1) determine a person's percentage of disability and
2-5 award compensation for the disability under this section; and]
2-6 [(2)] review each compensation award under Subsection
2-7 (b) annually on a date set by the adjutant general to determine
2-8 whether the award should be continued, increased, reduced, or
2-9 eliminated.
2-10 (d) The adjutant general may use available public funds to
2-11 purchase an insurance policy or annuity contract from any insurance
2-12 or annuity company authorized to do business in this state as the
2-13 adjutant general considers necessary to carry out this section.
2-14 SECTION 4. Section 431.105, Government Code, is amended by
2-15 amending Subsection (d) and adding Subsection (e) to read as
2-16 follows:
2-17 (d) The person's surviving dependent parents are entitled to
2-18 compensation as follows:
2-19 (1) if one dependent parent survives, $75 a month;
2-20 (2) if two dependent parents survive, $40 each a
2-21 month; and
2-22 (3) if a dependent parent who survives is a resident
2-23 in a nursing home or is so nearly helpless or blind as to require
2-24 the regular aid and attendance of another person, the rate of
2-25 compensation payable to the dependent parent under Subdivision (1)
2-26 or (2) is increased by $79 a month.
2-27 (e) Compensation and reimbursement under this subchapter and
2-28 the cost of administering this subchapter shall be paid from funds
2-29 in the state treasury appropriated to the state military forces in
2-30 the same manner provided for other expenditure of state funds.
2-31 Compensation or reimbursement may not be paid if the claim results
2-32 from activity related to duty or training under federal law or
2-33 regulations and federal law or regulations provide for the payment
2-34 of compensation or reimbursement.
2-35 SECTION 5. Subdivision (5), Section 501.001, Labor Code, is
2-36 amended to read as follows:
2-37 (5) "Employee" means a person who is:
2-38 (A) in the service of the state pursuant to an
2-39 election, appointment, or express oral or written contract of hire;
2-40 (B) paid from state funds but whose duties
2-41 require that the person work and frequently receive supervision in
2-42 a political subdivision of the state; [or]
2-43 (C) a peace officer employed by a political
2-44 subdivision, while the peace officer is exercising authority
2-45 granted under Article 14.03(c), Code of Criminal Procedure; or
2-46 (D) a member of the state military forces, as
2-47 defined by Section 431.001, Government Code, who is engaged in
2-48 authorized training or duty.
2-49 SECTION 6. Section 501.024, Labor Code, is amended to read
2-50 as follows:
2-51 Sec. 501.024. EXCLUSIONS FROM COVERAGE. The following
2-52 persons are excluded from coverage as an employee under this
2-53 chapter:
2-54 (1) a person performing personal services for the
2-55 state as an independent contractor or volunteer;
2-56 (2) [a member of the state military forces as defined
2-57 by Section 431.001, Government Code;]
2-58 [(3)] a person who at the time of injury was
2-59 performing services for the federal government and who is covered
2-60 by some form of federal workers' compensation insurance;
2-61 (3) [(4)] a prisoner or inmate of a prison or
2-62 correctional institution;
2-63 (4) [(5)] a client or patient of a state agency;
2-64 (5) [(6)] a person employed by the Texas Department of
2-65 Transportation who is covered under Chapter 505;
2-66 (6) [(7)] a person employed by The University of Texas
2-67 System who is covered by Chapter 503; and
2-68 (7) [(8)] a person employed by The Texas A&M
2-69 University System who is covered by Chapter 502.
3-1 SECTION 7. (a) This Act takes effect September 1, 1999.
3-2 (b) The change in law made by this Act to Sections 431.104
3-3 and 431.105, Government Code, apply only to an injury or death of a
3-4 member of the state military forces occurring on or after August
3-5 15, 1998, and to compensation payable on or after the effective
3-6 date of this Act.
3-7 (c) The change in law made by this Act to Sections 501.001
3-8 and 501.024, Labor Code, applies to a compensable injury sustained
3-9 by a member of the state military forces on or after August 15,
3-10 1998. For purposes of complying with the procedural requirements
3-11 to establish a claim for compensation under the workers'
3-12 compensation laws by a member of the state military forces who
3-13 sustains a compensable injury before the effective date of this
3-14 Act, the member's compensable injury is considered to have been
3-15 sustained on the effective date of this Act.
3-16 (d) Compensation paid or payable for an injury or death
3-17 occurring before August 15, 1998, and compensation paid or payable
3-18 before the effective date of this Act for any injury or death are
3-19 governed by the law as it existed on that date, and the former law
3-20 is continued in effect for that purpose.
3-21 SECTION 8. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.
3-26 * * * * *