79R5221 KEG-D

By:  Riddle                                                       H.B. No. 1753



A BILL TO BE ENTITLED

AN ACT

relating to supplemental pay for members of the Texas National 
Guard who suffer economic hardship when called to active military 
duty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 431.0821, Government Code, is amended by 
amending Subsections (a) and (e) and adding Subsection (f) to read 
as follows:
	(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 caused by an income reduction of 25 
percent or more as a result of serving on active duty is eligible to 
receive supplemental pay for serving on active duty in accordance 
with this section.
	(e)  The adjutant general shall [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, shall [may] 
adopt rules to govern the manner and method of paying supplemental 
pay under this section.
	(f)  The adjutant general is the final arbiter of any dispute 
arising from this section.  A member may not appeal a decision of 
the adjutant general under this section to a court.
	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, 2005.