78R7174 JRD-D


By:  Flores                                                       H.B. No. 2251



A BILL TO BE ENTITLED

AN ACT

relating to allowing supplemental pay for members of the Texas 
National Guard who are called to active duty when active duty 
service imposes an economic hardship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 431.082(a), Government Code, is amended 
to read as follows:
	(a)  Except as provided by Section 431.0821, a [A] member of 
the state military forces who performs training or other duty under 
authority of the United States Code may not receive salary or 
allowances from the state for the training or other duty, but may be 
reimbursed for lodging and meals as authorized by the General 
Appropriations Act if the adjutant general authorizes the payment.
	SECTION 2.  Subchapter F, Chapter 431, Government Code, is 
amended by adding Section 431.0821 to read as follows:
	Sec. 431.0821.  SUPPLEMENTAL ACTIVE DUTY PAY FOR ECONOMIC 
HARDSHIP.  (a)  A person who is called to active military duty as a 
member of the Texas National Guard in the service of this state or 
the United States by proper federal or state authority and who 
suffers an economic hardship as a result of serving on active duty 
is eligible to receive supplemental pay for serving on active duty 
in accordance with this section.
	(b)  The comptroller shall establish the Texas National 
Guard members' supplemental active duty pay account in the general 
revenue fund. Money in the account may only be appropriated for 
purposes of implementing this section.  The comptroller, governor, 
or adjutant general may accept gifts and grants for deposit to the 
credit of the account.  The legislature may transfer money into the 
account or may appropriate money to implement this section that the 
comptroller shall credit to the account.
	(c)  A member of the Texas National Guard described by 
Subsection (a) is eligible to receive supplemental pay under this 
section in an amount not to exceed the lesser of:
		(1)  the amount required to alleviate the economic 
hardship the member suffers as a result of serving on active duty; 
and
		(2)  the difference between the amount of income that 
the member has lost from civilian employment as a result of being 
called to active duty and the amount of military pay and allowances  
the member receives from state or federal sources while on active 
duty.
	(d)  The adjutant general determines whether a member is 
eligible to receive supplemental pay under this section and the 
amount of supplemental pay a member may receive.  In determining the 
amount, the adjutant general shall consider the total amount that 
is available for supplemental pay during a period and the probable 
total need for supplemental pay during that period.
	(e)  The adjutant general may adopt rules to implement this 
section, including rules that prescribe the procedure for 
requesting supplemental pay and that prescribe evidence a member 
may or must present to demonstrate hardship.  The comptroller, in 
consultation with the adjutant general, may adopt rules to govern 
the manner and method of paying supplemental pay under this 
section.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.