SCT S.B. 353 75(R) BILL ANALYSIS STATE FEDERAL & INTERNATIONAL RELATIONS S.B. 353 By: Armbrister (Hunter) 4-24-97 Committee Report (Amended) BACKGROUND The Adjutant General's Department (AGD) was established under the Republic of Texas and was continued in 1846 when Texas was admitted to the United States. The Department was redefined by the Legislature in 1905 to reflect its responsibility over the National Guard in Texas. The AGD is responsible for providing an effective fighting force for the United States in times of conflict and to aid the state or nation in times of civil disturbance or natural disasters. Under the governor, who is Commander-in-Chief of the State Military Forces, the Adjutant General supervises the operations of the AGD to fulfill its state and federal missions. To carry out its programs, the AGD had state-appropriated funding of $22,044,720 and 328 employees for fiscal year 1996. The AGD 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 the AGD, the Sunset Advisory Commission recommended continuation and several statutory modifications that are contained in this legislation. PURPOSE The purpose of this bill is to continue the AGD for a 12-year period and make statutory modifications recommended by the Sunset Advisory Commission. The modifications proposed by this bill: -continue the AGD for 12 years; and -provide for other changes as recommended by the Sunset Commission. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is not expressly granted to AGD in this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 431.022, Government Code by adding Subsection (c). Adds standard language developed by the Sunset Commission. Requires appointment of the Adjutant General be made without regard to race, color, sex, religion, age or national origin. SECTION 2. Adds Section 431.0225 (a)-(d). Adds standard language developed by the Sunset Commission. Prohibits registered lobbyists from serving as adjutant general or from being employed as the judge advocate general. Prohibits AGD 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. Also defines Texas trade association. SECTION 3. Amends Section 431.023. Updates AGD's Sunset date to September 1, 2009, which provides for the usual 12-year review. SECTION 4. Adds Section 431.0245(a)-(b). Adds standard language developed by the Sunset Commission. Requires the adjutant general to complete training before assuming duties and being confirmed by the Senate. SECTION 5. Adds Section 431.0255 (a)-(c). Adds standard language developed by the Sunset Commission. Defines the grounds for removing an adjutant general and requires notification of the governor and the attorney general if knowledge that a potential ground for removal exists. Affirms that an action of the AGD is valid even if it is taken when a ground for removal exists for the adjutant general. SECTION 6. Amends Section 431.028 (a)-(g) (a) Technical change. Reletters subsection. (b) Adds standard language developed by the Sunset Commission. Requires the adjutant general or a designee to inform employees of the qualifications for office or employment and each person's responsibilities under the law. (c) Adds standard language developed by the Sunset Commission. Requires the adjutant general or a designee to develop an intra-agency career ladder program that addresses mobility and advancement opportunities for employees within the AGD and requires intra-agency postings of job openings concurrently with any public posting. (d) Adds standard language developed by the Sunset Commission. Requires the adjutant general or a designee to develop a system of annual performance evaluations based on documented employee performance upon which merit salary increases must be based. (e)-(g) Adds standard language developed by the Sunset Commission. Requires the adjutant general 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. SECTION 7. Amends Section 431.034 (1). Adds standard language developed by the Sunset Commission. Requires the AGD to prepare an annual financial report that meets the reporting requirements in the General Appropriations Act. SECTION 8. Amends Section 431.035 (a). Updates standard language developed by the Sunset Commission by requiring the AGD's funds, except those held by individual military units, to be managed in accordance with the State Funds Reform Act. SECTION 9. Adds Section 431.037 (a)-(d). (a)-(b) Adds standard language developed by the Sunset Commission. Requires the AGD to prepare and distribute information to the public concerning the AGD's functions and complaint procedures. (c)-(d). Adds standard language developed by the Sunset Commission. Requires the AGD to collect and maintain information about all complaints filed with the AGD. Requires the AGD to maintain files on written complaints that the AGD has the authority to resolve and to notify the parties regarding the status of the complaint quarterly until disposition. SECTION 10. Adds Section 431.038. Adds standard language developed by the Sunset Commission. Requires the AGD 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 the AGD's programs. SECTION 11. Specifies the effective date of this Act as September 1, 1997. Applies the conflict-of-interest provisions added by the Act only to persons appointed or reappointed to the office of adjutant general on or after the effective date. SECTION 12. Emergency clause. EXPLANATION OF AMENDMENT Committee Amendment No. 1 Updates and clarifies a standard Sunset Commission provision found in SECTION 6 - Section 431.028(e)-(g), related to equal employment opportunity policies by replacing the word "guidelines" with the following language, "laws, rules, regulations and instructions directly promulgated from those laws, rules and regulations."