Untitled Texas Attorney General Opinion ( 1966 )

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?
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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."
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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
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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
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