H.B. 2251 78(R)    BILL ANALYSIS


H.B. 2251
By: Flores
Defense Affairs and State-Federal Relations
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Texas troops volunteer their time and efforts to provide additional
security and peace of mind for all Texans.  Many soldiers sacrifice a
portion of their 'regular' job earnings when employers refuse to pay their
regular salary or rate of pay when called to duty.  This sacrifice can
cause economic hardship for many soldiers and their families when being
called up to duty.   

House Bill 2251 would create a special account in the General Revenue fund
called the Texas National Guard members' Supplemental Active Duty Account.
The account would be available to Texas guardsmen whose total net pay is
reduced when they are called to active duty.  When the amount of pay that
the National Guard provides does not make up the reduced earnings from
their civilian jobs, eligible soldiers would be reimbursed from the fund
in an amount to fill that gap.  The author's intent is to create the
account and draw on private donations in lieu of state appropriations. 


RULEMAKING AUTHORITY

It is the opinion of this committee that rulemaking authority is expressly
delegated to the adjutant general in SECTION 2 (Section 431.0821 (e),
Government Code).  Additionally, rulemaking authority if expressly
delegated to the Comptroller in SECTION 2 (Section 431.0821 (e),
Government Code) 


ANALYSIS

SECTION 1.  This SECTION creates an exception for state military forces to
allow for supplemental pay as provided in SECTION 2.  

SECTION 2.  HB 2251 requires the comptroller to establish the Texas
National Guard members' supplemental active duty pay account in the
general revenue fund.  This SECTION  authorizes money in the account only
to be appropriated for purposes of implementing the provisions in this
bill.  Additionally, it gives  authorization to the comptroller, governor,
or adjutant general to accept gifts and grants for deposit to the credit
of the account.  This section authorizes the legislature to transfer money
into the account or appropriate money to implement this section that the
comptroller shall credit to the account.     

SECTION 3.  This Act takes effect September 1, 2003, unless it receives
the votes necessary for immediate effect.