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."