SRC-AMY S.B. 1174 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1174
78R7838 AKH-DBy: Harris
Veteran Affairs & Military Installations
4/14/2003
As Filed


DIGEST 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.  As
proposed, 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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle C, Title 5, Local Government Code, by adding
Chapter 173, as follows: 

CHAPTER 173. TEMPORARY SALARY PAYMENTS FOR MUNICIPAL
AND COUNTY EMPLOYEES CALLED TO ACTIVE DUTY

Sec. 173.001.  EMPLOYEES SUBJECT TO CHAPTER.  (a)  Provides that this
chapter applies 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. 

(b)  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 under Subsection (a), or to
a person who commits a voluntary act that extends the person's original
assigned service to active duty. 

Sec. 173.002.  SALARY CONTINUATION.  (a)  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 Section 173.001(a). 

(b)  Provides that the salary payments authorized by Subsection (a) 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. 
 
Sec. 173.003.  MANNER OF PAYMENT.  Authorizes salary payments under this
chapter to be paid in the manner directed by the person, except as
provided by other law. 

Sec. 173.004.  RULES.  Authorizes the governing body of a municipality and
the commissioners court of a county to adopt rules to implement this
chapter. 

Sec. 173.005.  OTHER BENEFITS UNAFFECTED.  Provides that this chapter only
authorizes the continuation of municipal or county salary payments as
provided by Sections 173.001-173.004. 

Sec. 173.006.  EXPIRATION OF CHAPTER.  Provides that this chapter expires
September 1, 2005. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.