SRC-HRD, MAX S.B. 353 75(R)BILL ANALYSIS


Senate Research CenterS.B. 353
By: Armbrister
Veterans Affairs
3-27-97
Committee Report (Amended)


DIGEST 

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 AGD was redefined by the Legislature in 1905 to reflect its
responsibility over the National Guard in Texas.  The AGD provides a
fighting force in the times of conflict and aids the state or nation in
times of civil disturbance or natural disasters. 

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 Commission recommended continuation and several
statute modifications that are contained in this legislation. 

PURPOSE

As proposed, S.B. 353 sets forth the continuation and functions of the
Adjutant General's Department for a 12-year period and makes statutory
modifications recommended by the Sunset Advisory Commission. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the adjutant general in SECTION 9 (Sec.
431.037(b), Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 431.022, Government Code, by adding Subsection
(c), to add standard language developed by the Sunset Commission regarding
appointment of the adjutant general.  

SECTION 2. Amends Chapter 431B, Government Code, by adding Sections
431.0225(a)-(d), to add standard language developed by the Sunset
Commission regarding certain prohibitions for  registered lobbyists. 

SECTION 3. Amends Section 431.023, Government Code, to provide that the
adjutant general's department is extended to September 1, 2009, rather
than 1997. 

SECTION 4. Amends Chapter 431B, Government Code, by adding Section
431.0245(a)-(b), to add standard sunset language developed by the Sunset
Commission regarding training. 

SECTION 5. Amends Chapter 431B, Government Code, by adding Section
431.0255, to add standard sunset language developed by the Sunset
Commission regarding removal. 

SECTION 6. Amends Section 431.027, Government Code, to add standard sunset
language regarding salaries. 

SECTION 7. Amends Section 431.028, Government Code, as follows:

Sec.  431.028.  New heading:  PERSONNEL.  Adds standard sunset language
developed by the Sunset Commission regarding employment, mobility and
advancement, performance  evaluations, and equal employment policy.  Makes
a conforming change. 

SECTION 8. Amends Section 431.034, Government Code, to add standard sunset
language developed by the Sunset Commission regarding annual financial
reports. 

SECTION 9. Amends Section 431.035(a), Government Code, to update standard
language developed by the Sunset Commission regarding funds. 

SECTION 10. Amends Chapter 431B, by adding Section 431.037, to add
standard sunset language developed by the Sunset Commission regarding
functions and complaint procedures. 

SECTION 11. Amends Chapter 431B, by adding Section 431.038, to add
standard sunset language developed by the Sunset Commission regarding
program and facility accessibility. 

SECTION 12. Effective date:  September 1, 1997.
  Provides that application of this Act is prospective.

SECTION 13.  Emergency clause.     


SUMMARY OF COMMITTEE CHANGES

SECTION 6.

Page 4, line 15, to add a new SECTION 6 and renumber existing SECTIONS.