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.