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 employees by Section 7(a) of Article 

5765 for purposes of military 

Dear Sir: 

service training or duty is 

dependent upon such training 

or duty being for a period of 

f lfteen consecutive days, and 

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 

t summer camp O 1 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 concerning the following specific questions in connection 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) consecutive days only or does it mean that members 

of the State Military Forces, or members of reserve components of the Armed Forces who art ordered to duty by proper authority on non-consecutive 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-cocsecutive 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 political 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 da Y s 1 n 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, 

Opinion c-118, 1963. 

without limitation, Attorney General's 

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, 2 8 Tex. 644 (1866); EddinsWalcher 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 overall 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 subdivisions 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 limitation 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 fifteen (15) day leave of absence absence allowed allowed to 

public officers officers and employees employees by Section 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 aforementioned fifteen (15) days relate to working not calendar days; 

Very truly yours, 

WAGGONER CARR 

Attorney General 

z John Reeves 

Assistant 

APPROVED : 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

J. C. Davis 

Malcolm Quick 

Kerns Taylor 

APPROVED FOR THE ATTORNEY GENERAL 

By: T. B. Wright 

Alan Minter 

Assistant 

-3270-