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 dependentupon such training or duty being for a period of flfteen consecutivedays, and related question.

Your letterdated April 11, 

### 1966,requestingan opinion of this office reads, in part, as follows:

1,

. . . "Annualmilitary trainingof the National Guard in the past was normally completed during a 15 consecutiveday encampmentperiod known as t summer campO1 Trainingmethods and procedures of the National Guard have changedwhereby 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 perPormedby personnel a day at a time throughout the year.
"Your opinion is respectfully requested concerning the following specific questions in connectionwith Article 

### 5765,Section 7(a), Texas Revised Civil Statutes: "(1) Do the provisions of Section 7(a) Article 

### 5765mean that entitlement of fifteen 

### (15) days military leave Is based on fifteen (15) consecutive days only or does it mean thatmembers 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 componentsof the Armed Forceswho are ordered to duty by proper authority on non-cocsecutive days are entitled to fifteen (15)days totalmilitary leave,does thismean fifteen calendar days, or Piftttnworking 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, includingmunicipalities, who shallbe members of the State MilitaryForces, or members of any of the Reserve Components of the Armed Forces, shall be entitled to leave of absence Prom their respectivedutieswithout loss of time or efficiency rating or vacation time or salary on all days duringwhich they shall be engaged in authorized training or duty ordered or authorized by roper authority, for not to exceed fifteen 

### (157 Y 1 da s n any one calendaryear."

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 Forceswho are ordered to dutyby proper authority on non-consecutivedays 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 repealedArticle 5769b-1, Vernon's Civil Statutes, is there used theword "consecutive". The Legislature ispresumed to have acted carefully, deliberately, intelligently,openly and purposefully in the choice OP the languageused, especially after similar languagehas 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 toproviding leave for the normal fifteen day encampmentperiod, known as summer camp, also authorized leavewithout loss OP time or efficiency rating or vacation time or salary on all days of specialoccasion such as parades and on all days of emergencies such as Hurricane Carla, Opinion c-118, 1963. without limitation,Attorney General's The 1965Amendment combined these authorized leaves,but limited the authorized leaves to a period "not to exceed fifteen (15)days in any one calendaryear." -3268-,~.- - ‘

.‘!,

Major General Thomas S. Bishop,page 3 (C-679~)

All languageand every part of a statute shouldbe given effect if reasonablypossible and pursuant to this rule, a court that Is called upon to interpreta statutewill consider, examine, read and review the act in its entirety and will act to harmonize all of itsparts accordin to the evident intent of the Legislature. Banks v. State, 28 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 Legislaturehas often evidenced its spirit and intent to encourage such military participation and prior Attorney General's opinions have reflected this overall position. Attorney General'sOpinions c-118 (19621,V-1228 (lg51),v-1062 (lg50),and O-2426

Reading the statuteas a whole and following the rules of statutory construction-setout above, it isnoted that all officers and employees of the State, county, or political subdivisions shouldbe entitled to leave "without loss of time.

. . on all days duringwhich they should be engaged in authoriz$d training or duty ordered or authorizedby proper authority. Leave without loss of time, however, is limited to a Eeriod "not to exceed fifteen days in any one calendaryear. Thus the Legislaturehas combined the previous two different types of leaveswithout loss of time. Therefore, if an individual is on authorized training on a Sunday or legalholiday, or any other daynot a working day, there is no lose of time due to the trainingperiod. 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 "lossof time" and the fifteen day limitation constitutes P!Pteenworking days nthtr than Plftten calendar days,

You are, therefore, advietd that the Piftttn day limitation for leave of absencewithout loss OP time or efficiency rating or vacation time or salary, allowed to public officers and employeesby the provisions oP Subdivision (a) of Section 7 of Article 5765, Vernon's Civil Statutes, forpurposes of military service training or duty, relates toworking and not consecutivedays. -,

SUHUARY
The fifteen (15)day leave of absence allowed to fifteen absence allowed officers employees Section public officers and employeesby 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 isnot 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-