SRC-AMY H.B. 2251 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2251
78R7174 JRD-DBy: Flores (Van de Putte)
Veteran Affairs & Military Installations
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Members of the Texas National Guard lose a portion of their civilian
income when called to duty.  H.B. 2251 provides for supplemental pay to a
member of the Texas National Guard who suffers an economic hardship as a
result of serving on active duty.  This bill requires the comptroller to
establish an appropriate account in the general revenue fund and
establishes caps on the amount of supplemental pay allowed for an eligible
member of the Texas National Guard. H.B. 2251 requires the adjutant
general to determine who is eligible for the supplemental pay and the
amount of that pay. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the adjutant general and the
comptroller in SECTION 2 (Section 431.0821, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 431.082(a), Government Code to include the
provisions of Section 431.0821 as an exception to the subsection. 

SECTION 2.  Amends Subchapter F, Chapter 431, Government Code, by adding
Section 431.0821, as follows: 

Sec. 431.0821.  SUPPLEMENTAL ACTIVE DUTY PAY FOR ECONOMIC HARDSHIP.  (a)
Provides that a person who is called to active military duty as a member
of the Texas National Guard in the service of this state or the United
States by proper federal or state authority and who suffers an economic
hardship as a result of serving on active duty is eligible to receive
supplemental pay for serving on active duty in accordance with this
section. 

(b) Requires the comptroller to establish the Texas National Guard
members' supplemental active duty pay account in the general revenue fund.
Authorizes money in the account to be appropriated only for purposes of
implementing this section.  Authorizes the comptroller, governor, or
adjutant general to accept gifts and grants for deposit to the credit of
the account.  Authorizes the legislature to transfer money into the
account or to appropriate money to implement this section that the
comptroller is required to credit to the account. 

(c) Provides that a member of the Texas National Guard described by
Subsection (a) is eligible to receive supplemental pay under this section
in an amount not to exceed the lesser of certain amounts. 

(d) Provides that the adjutant general determines whether a member is
eligible to receive supplemental pay under this section and the amount of
supplemental pay a member may receive.  Requires the adjutant general, in
determining the amount, to consider the total amount that is available for
supplemental pay during a period and the probable total need for
supplemental pay during that period. 

(e) Authorizes the adjutant general to adopt rules to implement this
section,  including rules that prescribe the procedure for requesting
supplemental pay and that prescribe evidence a member is authorized or
required present to demonstrate hardship.  Authorizes the comptroller, in
consultation with the adjutant general, to adopt rules to govern the
manner and method of paying supplemental pay under this section. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.