Untitled Texas Attorney General Opinion

Major General Thomas S. Bishop Opinion No. C-679 Adjutant General of Texas Box 5218 - West Austin Station Re: Whether the fifteen (15) Austin, Texas day leave of absence‘aliowed to public officers and employ- ees by Section 7(a) of Article 5765 for purposes of military service training or duty is dependent upon such training or duty being for a period of f lfteen consecutive days, and Dear Sir: related question. Your letter dated April 11, 1966, requesting an opinion of this office reads, in part, as follows: 1,. . . "Annual military training of the National Guard in the past was normally completed during a 15 consecutive day encampment period known as tsummer camp O1 Training methods and procedures of the National Guard have changed whereby the total annual military training of personnel is not always completed during a consecutive 15 day period. In many cases the 15 day annual active duty military training is perPormed by personnel a day at a time throughout the year. "Your opinion is respectfully requested con- cerning the following specific questions in con- nection with Article 5765, Section 7(a), Texas Revised Civil Statutes: "(1) Do the provisions of Section 7(a) Article 5765 mean that entitlement of fifteen (15) days military leave Is based on fifteen (15) con- secutive days only or does it mean that members of the State Military Forces, or members of re- serve components of the Armed Forces who art or- dered to duty by proper authority on non-conse- cutive days are entitled to fifteen (15) days total? =3267- Major General,Thomas S. Bishop, page 2 (C-679 ) "(2) If the answer to question one is that members of the State Military Forces or members of reserve components of the Armed Forces who are ordered to duty by proper authority on non-cocse- cutive days are entitled to fifteen (15) days total military leave, does this mean fifteen calendar days, or Piftttn working days?" House Bill 410, Acts 59th Legislature, Regular Session 1965, Ch. 690, p. 1601, codified as Section 7(a) of Article 5765, Vernon's Civil Statutes, reads as follows: "Section 7. (a) All officers and employees of the State of Texas and of any county or politi- cal subdivision thereof, including municipalities, who shall be members of the State Military Forces, or members of any of the Reserve Components of the Armed Forces, shall be entitled to leave of absence Prom their respective duties without loss of time or efficiency rating or vacation time or salary on all days during which they shall be engaged in authorized training or duty ordered or authorized by roper authority, for not to exceed fifteen (157 daY s 1n any one calendar year." In answer to your first question, it is our opinion that the provisions of Section 'p(a)of Article 5765, Vernon's Civil Statutes, mean that members of the State Military Forces, or members of reserve components of the Armed Forces who are ordered to duty by proper authority on non-consecutive days are entitled to PiPteen (15) days total. Rote that in neither the new Section 7(a) of Article 5765, Vernon's Civil Statutes, nor in repealed Article 5769b-1, Vernon's Civil Statutes, is there used the word "consecutive". The Legislature is presumed to have acted carefully, deliberately, intelligently, openly and purposefully in the choice OP the language used, especially after similar language has been earlier interpreted. See 53 Tcx.Jur.2d 270, Statutes, Sec. 181. Prior to the enactment of House Bill 410, Acts of the 59th Legislature, Regular Session, the Legislature in addition to providing leave for the normal fifteen day encampment period, known as summer camp, also authorized leave without loss OP time or efficiency rating or vacation time or salary on all days of special occasion such as parades and on all days of emergencies such as Hurricane Carla, without limitation, Attorney General's Opinion c-118, 1963. The 1965 Amendment combined these authorized leaves, but limited the authorized leaves to a period "not to exceed fifteen (15) days in any one calendar year." -3268- ‘ ,~.- - .‘!, Major General Thomas S. Bishop, page 3 (C-679~) All language and every part of a statute should be given effect if reasonably possible and pursuant to this rule, a court that Is called upon to interpret a statute will consider, examine, read and review the act in its entirety and will act to harmonize all of its parts accordin to the evident intent of the Legislature. Banks v. State, 28 Tex. 644 (1866); Eddins- Walcher Butane Company v. Calvert, 156 Tex. 587, 298 S.W.2? (1957). 53 Tex Jur.2d 227 Statutfr?Set 159. Applying this rule oh construction, it ii noted that the courts of this State have consistently construed statutes liberally in favor of patriotic service and are loath to penalize State employees who perform such services. The Legislature has often evidenced its spirit and intent to encourage such military participation and prior Attorney General's opinions have reflected this over- all position. Attorney General's Opinions c-118 (19621, V-1228 (lg51), v-1062 (lg50), and O-2426 Reading the statute as a whole and following the rules of statutory construction-set out above, it is noted that all officers and employees of the State, county, or political sub- divisions should be entitled to leave "without loss of time. . . on all days during which they should be engaged in authoriz$d training or duty ordered or authorized by proper authority. Leave without loss of time, however, is limited to a Eeriod "not to exceed fifteen days in any one calendar year. Thus the Legislature has combined the previous two different types of leaves without loss of time. Therefore, if an individual is on authorized training on a Sunday or legal holiday, or any other day not a working day, there is no lose of time due to the training period. On the other hand, if an officer or employee is on authorized duty on a working day, there 'is "loss of time. The fifteen day limitation,,therefore, applies to those days during which there is "loss of time" and the fifteen day limita- tion constitutes P!Pteen working days nthtr than Plftten calendar days, -, You are, therefore, advietd that the Piftttn day limitation for leave of absence without loss OP time or efficiency rating or vacation time or salary, allowed to public officers and employees by the provisions oP Subdivision (a) of Section 7 of Article 5765, Vernon's Civil Statutes, for purposes of military service training or duty, relates to working and not consecutive days. SUHUARY The fifteen (15) day leave of absence allowed to public officers and employees by Section 7(a) of =3269- Major General Thomas S. BishoQ, Qage 4 (C-679 ) Article 5765, Vernon's Civil Statutes, for purposes of military service training or duty is not dependent upon such training or duty being for a period of fifteen (15) coneecutive days. Members of the State Military Forces or members of reserve components of the Armed Forces who are ordered to duty by proper authority on non-consecutive days are entitled to fifteen (15) days total. Moreover, the aforemen- tioned fifteen (15) days relate to working not cal- endar days; Very truly yours, WAGGONER CARR Attorney General z John Reeves Assistant Alan Minter Assistant APPROVED : OPINION COMMITTEE W. V. Geppert, Chairman J. C. Davis Malcolm Quick Kerns Taylor APPROVED FOR THE ATTORNEY GENERAL By: T. B. Wright -3270-