S.B. 1288 78(R)    BILL ANALYSIS


S.B. 1288
By: Gallegos
Defense Affairs and State-Federal Relations
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Texas law does not require municipalities to provide military
leave time accounts for fire fighters or police officers or to maintain
their health, dental, and life insurance coverage and benefits should a
fire fighter or police officers be called to active military duty.
Additionally, there is no authorization for a fire fighter or police
officer to substitute voluntarily for a fire fighter or police officer who
has been called to federal active military duty.  S.B. 1288, as proposed,
would require municipalities to provide a military leave time accounts for
fire fighters or police officers and to maintain their health, dental, and
life insurance coverage and benefits should a fire fighter or police
officer be called to active duty.  Also, this bill authorizes a fire
fighter or police officer to substitute voluntarily for a fire fighter or
police officer who has been called to federal active military duty, as
lone as that fire fighter or police officer is qualified to perform the
duties of the absent fire fighter or police officer. 


RULEMAKING AUTHORITY

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


ANALYSIS

SECTION 1.  S.B. 1288 requires a municipality to maintain separate
military leave time accounts for the fire and police departments. 

This section requires that a military leave time account benefit a fire
fighter or police officer who meets certain criteria.  It also allows for
a fire fighter or police officer to donate any amount of accumulated
vacation, holiday, or compensatory leave time to the military leave
account for their respective department. 

The bill would require a municipality to distribute equally the leave time
donated to a military leave time account among all fire fighters or police
officers who are eligible beneficiaries of that account. It also requires
the municipality to credit and debit the applicable military leave time
account on an hourly basis regardless of the cash value of the time
donated or used. 

This section requires the respective department to continue maintaining
any health, dental, or life insurance coverage and benefits until receipt
of written instructions from the fire fighter or police officer to change
or discontinue coverage. 

The bill authorizes a fire fighter or police officer to substitute
voluntarily, without restriction as to amount of time, for a fire fighter
or police officer called to active duty for a period to last twelve months
or longer.  It also requires the fire fighter or police officer who
substitutes voluntarily to be qualified to perform the duties of the
absent fire fighter or police officer. 

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