SCT C.S.S.B. 352 75(R) BILL ANALYSIS STATE FEDERAL & INTERNATIONAL RELATIONS C.S.S.B. 352 By: Armbrister (Hightower) 4-24-97 Committee Report (Substituted) BACKGROUND The Texas National Guard Armory Board (TNGAB) was created in 1935. TNGAB is responsible for managing construction, control, maintenance and operation of 113 National Guard armories in Texas. TNGAB carries out its functions through a six-member body, comprised of the two senior officers of the Texas Army National Guard, the senior officer of the Texas Air National Guard, and three members of the public. To carry out its functions, TNGAB had a budget of $24,713,072 and 32 employees for fiscal year 1996. TNGAB is subject to the sunset act and will be abolished September 1, 1997 unless continued by the Legislature. As a result of its review of TNGAB, the Sunset Advisory Commission recommended continuation with statutory modifications that are contained in this legislation. PURPOSE The purpose of this bill is to continue the TNGAB for a four-year period and make statutory modifications recommended by the Sunset Advisory Commission. The modifications proposed by this bill: -continue TNGAB for twelve years; -change the Board's composition to require additional public members on the board; -clarifies that TNGAB is the sole authority for the construction, maintenance, repair and disposition of National Guard facilities located on TNGAB property, -clarifies that TNGAB can acquire property through leases or exchange, -specifies that all surplus property must be disposed of in the best interest of TNGAB, the Texas National Guard and its components or successors, -changes the name of the National Guard Armory Board to the Texas Military Facilities Commission, and -provide for other changes as recommended by the Sunset Commission. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to TNGAB in the following section: SECTION 2 - Chapter 435, Government Code, Section 435.015(b). In addition, under the general rulemaking authority already granted to the policymaking body, rules may be developed to implement other new provisions found in this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading of Chapter 435, Government Code by changing the name of the Texas National Guard Armory Board to the Texas Military Facilities Commission. SECTION 2. Amends Sections 435.001-435.013, 435.021-435.026, 435.041-435.043, 435.047435.048 and adds Sections 435.0043-435.0045, 435.0095 and 435.014-435.017 Section 435.001. Conforming change relating to changing the name of the agency. Section 435.002. Conforming change relating to changing the name of the agency. Section 435.003. Updates the commission's Sunset date to September 1, 2009, providing for a 12-year continuance. Also makes technical change. Also makes a conforming change relating to changing the name of TNGAB to the Texas Military Facilities Commission Section 435.004 (a)-(d). (a) Changes the composition of the commission to require the governor to appoint one current senior officer of the Texas National Guard from a list submitted by the adjutant general and five public members. Of the public members, two must have experience in architecture, civil engineering or construction management. Prohibits public members from being active members of the Texas National Guard. Deletes language reflecting the current composition of the board. Also, makes a conforming change relating to changing the name of the agency. (b) Updates standard language developed by the Sunset Commission regarding appointments to the commission. Deletes the word "creed" and replaces it with "color". Adds "disability" and "age." Also, makes a conforming change relating to changing the name of the agency. (c) Adds standard language developed by the Sunset Commission. Prohibits appointment as a public member if the person or the person's spouse conducts business with the agency, or otherwise has financial ties to the board. Also, makes conforming changes relating to changing the name of the agency. (d) Technical change. Deletes repetitive language regarding prohibition of registered lobbyists serving as commission members. Also, makes a conforming change relating to changing the name of the agency. Section 435.0043 (a)-(d). Adds standard language developed by the Sunset Commission. Prohibits board members or their spouses and employees compensated at or above Group 17 in the General Appropriations Act or their spouses from being an officer or employee of a related Texas trade association. Prohibits registered lobbyists from serving as a member of the commission or from being employed as the commission's general counsel. Also defines Texas trade association and makes conforming changes relating to changing the name of the agency. Section 435.0044. Adds standard language developed by the Sunset Commission. Requires the Governor to designate the commission's presiding officer. Also makes a conforming change relating to changing the name of the agency. Section 435.0045. Adds standard language developed by the Sunset Commission. Requires commission members to complete training before assuming their duties and being confirmed by the Senate. Also makes conforming changes relating to changing the name of the agency. Section 435.005 (a)-(b). Specifies that the governor fills a vacancy for the senior National Guard officer position on the board in the same way the position was originally filled. Deletes language providing for the succession of commission members based on a person's position in the Texas National Guard. Also makes conforming changes relating to changing the name of the agency. Section 435.006 (a)-(c). Updates standard language developed by the Sunset Commission. Defines the grounds for removing a commission member and requires notification of the commission's presiding officer, the governor and the attorney general if knowledge that a potential ground for removal exists. Affirms that an action of the commission is valid even if it is taken when a ground for removal exists for one of the members. Also makes conforming changes relating to changing the name of the agency. Section 435.007(a). Makes conforming changes relating to changing the name of the agency. (b). Deletes language relating to the election of the chair from among the commission members. Also makes conforming changes relating to changing the name of the agency. Section 435.008. Makes conforming changes relating to changing the name of the agency. Section 435.009 (a)-(e). (a) Changes the title of the executive secretary to executive director. Also, makes conforming changes relating to changing the name of the agency. (b) Updates standard language developed by the Sunset Commission. Requires the executive director or a designee to develop an intra-agency career ladder program that addresses mobility and advancement opportunities for employees within the commission and requires intraagency postings of job openings concurrently with any public posting. Also makes conforming changes relating to the title of the executive director and changing the name of the agency. (c) Updates standard language developed by the Sunset Commission. Requires the executive director or a designee to develop a system of annual performance evaluations based on documented employee performance upon which merit salary increases must be based. Also, makes conforming changes relating to the title of the executive director and changing the name of the agency. (d) Adds standard language developed by the Sunset Commission. Requires the executive director or a designee to inform its members and employees of the qualifications for office or employment and each person's responsibilities under the law. Also makes conforming changes relating to the title of the executive director. (e) Adds standard language developed by the Sunset Commission. Requires the commission to clearly separate its policymaking responsibilities from the management responsibilities of the executive director and staff of commission. Also, makes conforming changes relating to the title of the executive director and changing the name of the agency. Section 435.0095 (a)-(c). Adds standard language developed by the Sunset Commission. Requires the executive director or a designee to develop an equal employment policy that is annually updated, reviewed by the Texas Commission on Human Rights, and filed with the governor's office. Also, makes conforming changes relating to the title of the executive director and changing the name of the agency. Section 435.010-435.011. Makes a conforming change relating to changing the name of the agency. Section 435.0012(a)-(c). (a)-(b) Makes conforming changes relating to changing the name of the agency. (c) Updates standard language developed by the Sunset Commission. Requires the commission to prepare an annual financial report that meets the reporting requirements in the General Appropriations Act. Also makes conforming changes relating to the title of the executive director and changing the name of the agency. Section 435.013(a). Clarifies that the commission is the sole authority for the construction, maintenance, repair and disposition of National Guard facilities located on commission property. Also makes conforming changes relating to changing the name of the agency. (b) Makes a conforming change relating to changing the name of the agency. Section 435.014(a)-(b). Adds standard language developed by the Sunset Commission. Requires the commission to give the public reasonable opportunity to appear before it regarding issues under its jurisdiction. Also makes conforming changes relating to changing the name of the agency. Section 435.015 (a)-(d). (a)-(b) Adds standard language developed by the Sunset Commission. Requires the commission to prepare and distribute information to the public concerning its functions and complaint procedures. Also makes conforming changes relating to changing the name of the agency. (c)-(d) Adds standard language developed by the Sunset Commission. Requires the commission to collect and maintain information about all complaints filed with the commission. Requires the commission to maintain files on written complaints that the commission has the authority to resolve and to notify the parties regarding the status of the complaint quarterly until disposition. Also makes conforming changes relating to changing the name of the agency. Section 435.016. Adds standard language developed by the Sunset Commission. Requires that commission's funds, except bond money used to build or renovate armories, to be managed in accordance with the State Funds Reform Act. Also makes a conforming change relating to changing the name of the agency. Section 435.017. Adds standard language developed by the Sunset Commission. Requires the commission to comply with state and federal program and facility accessibility laws and to develop a plan that describes how non-English speaking persons can be provided reasonable access to commission programs. Also makes conforming changes relating to the title of the executive director and changing the name of the agency. Section 435.021(a)-(c). (a) Clarifies that the commission can acquire property through lease. Also makes a conforming change relating to changing the name of the agency. (b) Makes conforming changes relating to changing the name of the agency and relating to the facilities over which the commission has jurisdiction. (c) Makes conforming changes relating to changing the name of the agency and how the agency acquires property. Sections 435.022-435.024. Makes a conforming change relating to changing the name of the agency. Section 435.025(a)-(h). (a) Specifies that all surplus commission property must be disposed of in the best interest of the commission, the Texas National Guard and its components or successors. Makes conforming changes relating to changing the name of the agency. (b)-(c) Makes a conforming change relating to changing the name of the agency. Reletters subsection. (d)-(e) Clarifies that the commission can acquire property through the exchange of property of equal or greater value to that already owned by the commission. Also makes conforming changes relating to changing the name of the agency and reletters subsections. (f)-(g) Makes conforming changes relating to changing the name of the agency and reletters subsections. Sections 435.026 and 435.041-435.048. Makes conforming changes relating to changing the name of the agency. SECTION 3. Amends Section 109.47(a), Education Code, by making a conforming change relating to changing the name of the agency. SECTION 4. Amends Section 431.030(a)-(c), Government Code, by making conforming changes relating to changing the name of the agency. SECTION 5. Amends Section 431.045(c), by making conforming changes relating to changing the name of the agency. SECTION 6. Amends Section 9B(a), Article 601d, Vernon's Texas Civil Statutes, by making a conforming change relating to changing the name of the agency. SECTION 7(a). Specifies that the name of the Texas National Guard Armory Board is changed to the Texas Military Facilities Commission and any reference to the Texas National Guard Armory Board in law is a reference to the Texas Military Facilities Commission. (b) Instructs the staff of the commission to use all stationery and other supplies with the commission's old name before using any stationery or supplies printed with the commission's new name. SECTION 8. Specifies that the changes in commission member qualifications apply only to board members appointed on or after September 1, 1997. Specifies that the changes to commission member qualifications do not prevent a person who serves on the board before September 1, 1997 from being reappointed if that person meets the qualifications effective on that date. SECTION 9. Specifies the effective date of the Act as September 1, 1997. SECTION 10. Emergency clause. COMPARISON OF ORIGINAL BILL WITH SUBSTITUTE 1.The substitute changes the name of the Texas National Guard Armory Board to the "Texas Military Facilities Commission." 2.The substitute changes the title of the Executive Secretary of NGAB to the "Executive Director." 3.The substitute clarifies authority of NGAB over all National Guard armories, facilities, and modifications owned by the state on property owned by NGAB. Specifies that NGAB has the necessary authority to dispose of Texas National Guard and Texas State Guard real property. 4.The substitute clarifies the authority of NGAB to acquire real property through leasing. 5.The substitute requires NGAB to dispose of National Guard property in the best interest of NGAB, the Texas National Guard and its components and successors. 6.The substitute expands the authority of NGAB to include exchanging property of equal or greater value. 7.The substitute removes provisions requiring NGAB to donate surplus armory property in Donna, Edinburg, McAllen, and Pharr to the municipalities in which they are located for governmental purposes.