CHAPTER 173. TEMPORARY SALARY PAYMENTS FOR MUNICIPAL AND COUNTY EMPLOYEES CALLED TO ACTIVE DUTY - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE C. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES OF

MORE THAN ONE TYPE OF LOCAL GOVERNMENT

CHAPTER 173. TEMPORARY SALARY PAYMENTS FOR MUNICIPAL AND COUNTY

EMPLOYEES CALLED TO ACTIVE DUTY

Sec. 173.001. EMPLOYEES SUBJECT TO CHAPTER. (a) This chapter

applies to a municipal or county employee who is a member of a

reserve component of the armed forces of the United States,

including any appropriate part of the state military forces, and

who by virtue of that membership is called to active duty in the

armed forces of the United States by federal authority without

the person's consent before, on, or after the effective date of

this chapter as part of a partial or total mobilization of the

reserve components of the armed forces.

(b) This chapter does not apply to a person who:

(1) ceases to be employed by a municipality or county because

the person resigns or is terminated for a reason that is not a

direct consequence of the person's call to active duty as

described under Subsection (a); or

(2) commits a voluntary act that extends the person's original

assigned service to active duty.

Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20,

2003.

Sec. 173.002. SALARY CONTINUATION. (a) Notwithstanding any

other law, if a person to whom this chapter applies exhausts all

military leave to which the person is entitled under state law,

the municipality or county may continue the person's municipal or

county salary payments under this chapter in an amount determined

by the governing body of the municipality or the commissioners

court, as applicable, until the person is no longer required to

serve on active duty under the circumstances described by Section

173.001(a).

(b) The salary payments authorized by Subsection (a) are

payable:

(1) from the general fund of the municipality or county or other

funds available for that purpose on the date the person is called

to active duty; and

(2) only for a municipal or county pay period that began on or

after September 1, 2002.

Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20,

2003.

Sec. 173.003. MANNER OF PAYMENT. Salary payments under this

chapter may be paid in the manner directed by the person, subject

to the approval of the governing body of a municipality or the

commissioners court of a county, as applicable, except as

provided by other law.

Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20,

2003.

Sec. 173.004. RULES. The governing body of a municipality and

the commissioners court of a county may adopt rules to implement

this chapter.

Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20,

2003.

Sec. 173.005. OTHER BENEFITS UNAFFECTED. This chapter

authorizes the continuation of municipal or county salary

payments only as provided by Sections 173.001-173.004.

Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20,

2003.