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By:  Van de Putte                                                 S.B. No. 1345


A BILL TO BE ENTITLED

AN ACT

relating to the amount of emergency leave granted by state agencies 
to state employees on unpaid military leave.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 661.9041, Government Code, is amended to 
read as follows:
	Sec. 661.9041.  DIFFERENTIAL PAY.  (a)  The administrative 
head of a state agency shall grant sufficient emergency leave as 
differential pay to a state employee on unpaid military leave if the 
employee's military [gross] pay is less than the employee's state 
gross pay.  The combination of emergency leave and military pay may 
not exceed the employee's actual state gross pay.
	(b)  For purposes of Subsection (a), military pay does not 
include money the employee receives:
		(1)  for service in a combat zone;                                     
		(2)  as hardship pay; or                                               
		(3)  for being separated from the employee's family.                   
	(c)  The state auditor shall adopt guidelines to assist state 
agencies in determining the amount of emergency leave to grant to an 
employee under this section as differential pay.
	SECTION 2.  Not later than December 1, 2005, the Office of 
the State Auditor shall develop guidelines required by Section 
661.9041, Government Code, as amended by this Act.
	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, 2005.