SCT H.B. 3380 75(R)BILL ANALYSIS


STATE FEDERAL & INTERNATIONAL RELATIONS
H.B. 3380
By: Counts
4-15-97
Committee Report (Unamended)

BACKGROUND

In the recent past, the Texas National Guard has received Title 32 funding
from the National Guard Bureau, verifying that the Congress  of the United
States authorized the Department of Defense to provide National Guard
personnel to support law enforcement agencies in efforts to reduce the
supply of drugs in this Country.  The Governor, as Commander of the Texas
National Guard, commands and controls the activities o National Guard
personnel providing counter-drug support.  The Governor needs the
authority to enter into mutual assistance and support agreements with
governors of other states that have the capability to provide support and
equipment that Texas National Guard may not have.  Likewise, our Governor
needs to have the authority to provide counter drug support to governors
of surrounding states who do not have the military capabilities of Texas. 

PURPOSE

As proposed, HB 3380 will provide the Governor of Texas the authority to
work with governors in bordering states to control illegal drugs.  Under
this bill the Governor could provide and receive assistance from
neighboring states. 

RULEMAKING AUTHORITY

It is the opinion of the staff that rulemaking authority is granted to the
governor in Article I. When enacted this bill will authorize the Governor
to enter into agreements for mutual assistance and support with governors
of other states. 

SECTION BY SECTION ANALYSIS

SECTION  1.  Chapter 431, Government Code is amended by adding Subchapter
K as follows: 

SECTION  431.141. Adoption of Compact.  
                                  The National Guard Mutual Assistance
Counter-drug Activities Compact is
enacted and entered into by this state in the following form: 
                                                  NATIONAL GUARD MUTUAL
ASSISTANCE 
                                                  COUNTER-DRUG ACTIVITIES
COMPACT            
ARTICLE    I   Purpose
                                    This bill, when enacted, will
authorize the Governor to enter into
agreements for mutual assistance and support with governors of other
states.  With this authority governors have the capability to better
provide                                      total support to law
enforcement agencies. 

ARTICLE   II    Entry Into Force and Withdrawal
                                    Texas may enter into agreements with
other states that have enacted this or
similar legislation.  Withdrawal from the compact will be controlled by
the                                     state legislature. 

ARTICLE   III       Mutual Assistance and Support
                                    The mutual assistance and support
described here are those activities
authorized by law and regulation. Texas National Guard personnel
operating in other states will remain under the command of a Texas
National Guard person.  Coordination will be effected with the Adjutant
General of the other states or state.  Likewise, other states supporting
law                                   enforcement agencies in Texas will
perform in the same manner.  Written
agreements between all state military forces involved will be completed
prior to providing the requested assistance. 



ARTICLE   IV    Responsibilities
                                 Texas National Guard personnel performing
counter-drug support missions                                    in other
compact states will do so with all the rights, privileges, benefits or
immunities provided under Title 32 of the United States Code and the law
of the receiving state.  Texas National Guard personnel are subject to the
Texas Code of Military Justice within or without the State of Texas. 

ARTICLE   V    Delegation of Authority
                                The Governor may delegate all
responsibility or authority under this compact
except requesting assistance from another state. 

ARTICLE   VI     Limitations
                               Places restrictions on person who can
command a National Guard unit on
assignment.  Must have guard rank required by law for the command in
question.  A properly convened court of jurisdiction has authority over an
offense or defendant. 

ARTICLE    VII    Constitution and Severability
                              Provides for constitution to take president
over any phrase, clause, sentence,                                   or
provision of this compact.  Also provides that remainder of compact
remains in force and is valid. 

SECTION 431.142.  Authority of Texas National Guard Under Compact.
                                  Description of duties.       
SECTION  2.

Emergency clause.