HBA-DMD H.B. 1887 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1887
By: Uher
State, Federal, & International Relations
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, there is a significant difference between benefits
awarded to a member of a state military force who provides service for the
United States and one who provides service only to the state. Full benefits
are given by the federal government whereas Texas awards less comparable
benefits. Attention was called to this matter by an 1998 accident involving
a member of the Texas State Guard while on duty. 

H.B. 1887 prohibits a private employer from terminating the employment of a
permanent employee who is a member of the state military forces because the
employee is ordered to authorized training or duty by proper authority.
This bill entitles an employee to return to the same employment held when
ordered to training or duty and prohibits the employee from being subjected
to loss of time, efficiency rating, vacation time, or any benefit of
employment during or because of the absence. It includes allowances as a
benefit that a member of the state military forces is entitled to when
performing training or other duty. H.B. 1887 specifies the amount of
compensation for permanent disability incurred in the line of military
duty. This bill also entitles the person's surviving dependent parents to
compensation. 


RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 431.006, Government Code, as follows:

Sec. 431.006. New Title: REEMPLOYMENT OF PERSON CALLED TO TRAINING OR DUTY.
Prohibits a private employer from terminating the employment of a permanent
employee who is a member of the state military forces because the employee
is ordered to authorized training or duty, rather than active duty, by
proper authority, rather than by proper authority during an emergency
within the  state. Provides that the employee is entitled to return to the
same employment held when ordered to training or duty, rather than active
duty, and is prohibited from being subjected to loss of time, efficiency
rating, vacation time, or any benefit of employment during or because of
the absence. Makes conforming changes. 

SECTION 2. Amends Section 431.082(c), Government Code, to include
allowances as a benefit that a member of the state military forces is
entitled to when performing training or other duty. Makes conforming
changes.  

SECTION 3. Amends Section 431.104, Government Code, to delete the provision
prohibiting the compensation for disability incurred in the line of
military duty from exceeding $440 a month plus 12 and one-half percent of
the basic pay of the grade or rank that the person held. Specifies the
amount of compensation for permanent disability incurred in the line of
military duty. Redesignates Subsection (b) to Subsection (c).  

SECTION 4. Amends Section 431.105, Government Code, by amending Subsection
(d) and adding  Subsection (e), to entitle the person's surviving dependent
parents to compensation. Specifies the amount of compensation. Redesignates
Subsection (d) to Subsection (e). 

SECTION 5.Emergency clause.
  Effective date: upon passage.