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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation and employment benefits for members of the |
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Texas State Guard called to state active duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 431.082, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (d) to read |
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as follows: |
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(b) A member of the Texas National Guard [state military
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forces] who volunteers to perform training or other duty solely |
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under state authority may not receive salary or allowances from the |
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state for the duty unless the adjutant general authorizes the |
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payment, but may be reimbursed for lodging and meals as authorized |
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by the General Appropriations Act if the adjutant general |
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authorizes the payment. Training or duty without pay is considered |
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for all purposes as if it were training or duty with pay. |
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(c) When the adjutant general authorizes payment for |
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training or other duty under Subsection (b), a member of the Texas |
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National Guard [state military forces] performing the training or |
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other duty is entitled, during the period of the training or other |
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duty, to receive pay and allowances as provided by law for the |
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United States Armed Forces, except that the pay may not be less than |
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the reimbursement for lodging and meals authorized by the General |
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Appropriations Act. This pay is an emolument for training or other |
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duty and is salary or base pay. The pay and allowances may not be |
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reduced because of food, shelter, or transportation that the state |
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pays or furnishes in connection with the training or other duty. |
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(d) A member of the Texas State Guard called to state active |
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duty is an employee of the state while on state active duty. The |
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adjutant general shall pay members of the Texas State Guard called |
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to state active duty according to Chapters 654 and 659 and the |
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salary schedule in the General Appropriations Act for state |
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employees. If the length of state active duty exceeds 45 |
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consecutive days, the adjutant general may pay the members of the |
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Texas State Guard called to state active duty up to 140 percent of |
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the amount authorized under the salary schedule in the General |
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Appropriations Act. |
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SECTION 2. Section 1551.1055, Insurance Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This subsection applies only to a member of the Texas |
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State Guard who is called to state active duty. Notwithstanding |
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Subsection (a), eligibility under Section 1551.101 begins on the |
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first day that a member of the Texas State Guard is called to state |
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active duty. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |