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