S.B. 1174 78(R)    BILL ANALYSIS


S.B. 1174
By: Harris
Defense Affairs and State-Federal Relations
Committee Report (Unamended)


BACKGROUND AND PURPOSE 

Currently, Texas law does not provide for a temporary continuation of
salary for municipal and county employees who are members of a reserve
component of the United States armed forces called to active duty. S.B.
1174 authorizes a county or municipality to continue paying a municipal or
county employee who is a member of a reserve component of the armed forces
of the United States called to active duty, including any appropriate part
of the state military forces, the employee's salary, as determined by the
governing body of the municipality or the commissioners court. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Government Code to extend certain temporary salary
payments  to a municipal or county employee who is a member of a reserve
component of the armed forces of the United States, including any
appropriate part of the state military forces, and who by virtue of that
membership is called to active duty in the armed forces of the United
States by federal authority without the person's consent before, on, or
after the effective date of this chapter as part of a partial or total
mobilization of the reserve components of the armed forces. 

This bill provides that this chapter does not apply certain to a person
who ceases to be employed by a municipality or county because the person
resigns or is terminated for a reason that is not a direct consequence of
the person's call to active duty as described by this bill, or to a person
who commits a voluntary act that extends the person's original assigned
service to active duty. 

This bill authorizes the municipality, notwithstanding any other law, if a
person to whom this chapter applies exhausts all military leave to which
the person is entitled under state law, to continue the person's municipal
or county salary payments under this chapter, in an amount determined by
the 
governing body of the municipality or the commissioners court, as
applicable, until the person is no longer required to serve on active duty
under the circumstances described by this bill. 

This bill provides that the salary payments authorized are payable from
the general fund of the municipality or county, or other funds available
for that purpose on the date the person is called to active duty, and only
for a municipal or county pay period that began on or after September 1,
2002. 

This bill authorizes salary payments under this chapter to be paid in the
manner directed by the person, subject to the approval of the governing
body of a municipality or the commissioners court, as applicable, except
as provided by other law. 

This bill authorizes the governing body of a municipality and the
commissioners court of a county to adopt rules to implement this chapter. 

SECTION 2. This Act takes effect September 1, 2003, unless it receives the
votes necessary for immediate effect.