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78R10835 AKH-D


By:  Griggs, Noriega, Berman, Eissler,                            H.B. No. 2385
 
    Smith of Harris                                                          

Substitute the following for H.B. No. 2385:                                   

By:  Campbell                                                 C.S.H.B. No. 2385



A BILL TO BE ENTITLED

AN ACT

relating to salary payments to municipal and county employees 
called to active military duty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle C, Title 5, Local Government Code, is 
amended by adding Chapter 173 to read as follows:

CHAPTER 173.  TEMPORARY SALARY PAYMENTS FOR MUNICIPAL

AND COUNTY EMPLOYEES CALLED TO ACTIVE DUTY
	Sec. 173.001.  EMPLOYEES SUBJECT TO CHAPTER.  (a)  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)  This chapter does not apply to a person who:                       
		(1)  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
		(2)  commits a voluntary act that extends the person's 
original assigned service to active duty.
	Sec. 173.002.  SALARY CONTINUATION.  (a)  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, the 
municipality or county may 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)  The salary payments authorized by Subsection (a) are 
payable:    
		(1)  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
		(2)  only for a municipal or county pay period that 
began on or after September 1, 2002.
	Sec. 173.003.  MANNER OF PAYMENT.  Salary payments under 
this chapter may be paid in the manner directed by the person, 
subject to the approval of the governing body of a municipality or 
the commissioners court of a county, as applicable, except as 
provided by other law.
	Sec. 173.004.  RULES.  The governing body of a municipality 
and the commissioners court of a county may adopt rules to implement 
this chapter.
	Sec. 173.005.  OTHER BENEFITS UNAFFECTED.  This chapter only 
authorizes the continuation of municipal or county salary payments 
as provided by Sections 173.001-173.004.
	SECTION 2.  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.