By:  Van de Putte                                                 S.B. No. 1345
	(In the Senate - Filed March 10, 2005; March 21, 2005, read 
first time and referred to Committee on Government Organization; 
April 13, 2005, reported favorably by the following vote:  Yeas 5, 
Nays 0; April 13, 2005, sent to printer.)

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.
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