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.