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AN ACT
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relating to the accrual of vacation and sick leave for certain state |
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employees during a military leave of absence and to the eligibility |
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of military service members to hold state office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (b) and (c), Section 661.904, |
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Government Code, are amended to read as follows: |
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(b) The employee on an unpaid leave of absence during |
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military duty described by Subsection (a) continues to accrue: |
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(1) state service credit for purposes of longevity |
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pay; |
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(2) [while on military duty described by Subsection
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(a) but does not accrue] vacation leave; and |
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(3) [or] sick leave [during an unpaid leave of
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absence]. |
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(c) The employee may retain any accrued vacation or sick |
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leave and is entitled to be credited with those balances on return |
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to state employment from military duty described by Subsection (a). |
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Leave earned while on an unpaid leave of absence during military |
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duty described by Subsection (a) [in a state-paid status] is |
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credited to the employee's balance when the employee returns to |
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active state employment. |
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SECTION 2. Subchapter A, Chapter 431, Government Code, is |
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amended by adding Section 431.0055 to read as follows: |
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Sec. 431.0055. DUAL OFFICE HOLDING. A position in or |
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membership in the state military forces is not considered to be a |
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civil office of emolument. |
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SECTION 3. Section 1 of this Act takes effect immediately if |
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this Act receives a vote of two-thirds of all the members elected to |
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each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, Section 1 of this Act takes effect September 1, |
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2009. Section 2 of this Act takes effect January 1, 2010, but only |
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if the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, authorizing an officer or enlisted member of |
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the Texas State Guard or other state militia or military force to |
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hold other civil offices is approved by the voters. If that |
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proposed constitutional amendment is not approved by the voters, |
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Section 2 of this Act has no effect. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 833 passed the Senate on |
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April 2, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 833 passed the House, with |
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amendment, on May 20, 2009, by the following vote: Yeas 137, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |