By: Flores (Senate Sponsor - Van de Putte) H.B. No. 2251
(In the Senate - Received from the House May 6, 2003;
May 8, 2003, read first time and referred to Committee on Veteran
Affairs and Military Installations; May 22, 2003, reported
favorably by the following vote: Yeas 4, Nays 0; May 22, 2003, sent
to printer.)
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.
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