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.