By Hightower H.B. No. 1187
75R1795 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the adjutant
1-3 general's department.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 431.022, Government Code, is amended by
1-6 adding Subsection (c) to read as follows:
1-7 (c) The appointment of the adjutant general shall be made
1-8 without regard to the race, color, sex, religion, or national
1-9 origin of the appointee.
1-10 SECTION 2. Subchapter B, Chapter 431, Government Code, is
1-11 amended by adding Section 431.0225 to read as follows:
1-12 Sec. 431.0225. CONFLICT OF INTEREST PROVISIONS. (a) A
1-13 person may not be appointed adjutant general or act as the judge
1-14 advocate general to the adjutant general or the department if the
1-15 person is required to register as a lobbyist under Chapter 305
1-16 because of the person's activities for compensation on behalf of a
1-17 profession related to the operation of the department.
1-18 (b) An officer, employee, or paid consultant of a Texas
1-19 trade association in the field of defense or veterans affairs may
1-20 not be appointed adjutant general or be an employee of the
1-21 department who is exempt from the state's position classification
1-22 plan or is compensated at or above the amount prescribed by the
1-23 General Appropriations Act for step 1, salary group 17, of the
1-24 position classification salary schedule.
2-1 (c) A person who is the spouse of an officer, manager, or
2-2 paid consultant of a Texas trade association in the field of
2-3 defense or veterans affairs may not be appointed adjutant general
2-4 and may not be an employee of the department who is exempt from the
2-5 state's position classification plan or is compensated at or above
2-6 the amount prescribed by the General Appropriations Act for step 1,
2-7 salary group 17, of the position classification salary schedule.
2-8 (d) For the purposes of this section, a Texas trade
2-9 association is a nonprofit, cooperative, and voluntarily joined
2-10 association in this state designed to assist its members and its
2-11 industry or profession in dealing with mutual business or
2-12 professional problems and in promoting their common interest.
2-13 SECTION 3. Section 431.023, Government Code, is amended to
2-14 read as follows:
2-15 Sec. 431.023. SUNSET PROVISION. The adjutant general's
2-16 department is subject to Chapter 325 (Texas Sunset Act). Unless
2-17 continued in existence as provided by that chapter, the department
2-18 is abolished and this subchapter expires September 1, 2009 [1997].
2-19 SECTION 4. Subchapter B, Chapter 431, Government Code, is
2-20 amended by adding Section 431.0245 to read as follows:
2-21 Sec. 431.0245. MANDATORY TRAINING FOR ADJUTANT GENERAL.
2-22 (a) Before the adjutant general may assume the duties of the
2-23 office and before the adjutant general may be confirmed by the
2-24 senate, the adjutant general must complete at least one course of
2-25 the training program established under this section.
2-26 (b) A training program established under this section shall
2-27 provide information to the adjutant general regarding:
3-1 (1) the enabling legislation that created the
3-2 department;
3-3 (2) the federal and state programs operated by the
3-4 department;
3-5 (3) the federal and state roles and functions of the
3-6 department;
3-7 (4) the rules of the department with an emphasis on
3-8 the rules that relate to disciplinary and investigatory authority;
3-9 (5) the current budget for the department with
3-10 emphasis on state and federal funds;
3-11 (6) the results of the most recent formal federal and
3-12 state audits of the department;
3-13 (7) the requirements of:
3-14 (A) the open records law, Chapter 552; and
3-15 (B) the federal freedom of information act;
3-16 (8) the requirements of the conflict of interest laws
3-17 and other laws relating to public officials;
3-18 (9) any applicable ethics policies adopted by the
3-19 department or the Texas Ethics Commission; and
3-20 (10) the requirements and development of the Master
3-21 Cooperative Agreement between the state and federal governments.
3-22 SECTION 5. Subchapter B, Chapter 431, Government Code, is
3-23 amended by adding Section 431.0255 to read as follows:
3-24 Sec. 431.0255. REMOVAL PROVISIONS. (a) It is a ground for
3-25 removal if the adjutant general:
3-26 (1) does not have at the time of appointment the
3-27 qualifications required by Section 431.022;
4-1 (2) does not maintain during service as adjutant
4-2 general the qualifications required by Section 431.022;
4-3 (3) violates a prohibition established by Section
4-4 431.0225; or
4-5 (4) cannot because of illness or disability discharge
4-6 the adjutant general's duties for a substantial part of the term
4-7 for which the adjutant general is appointed.
4-8 (b) The validity of an action of the adjutant general is not
4-9 affected by the fact that it is taken when a ground for removal
4-10 exists.
4-11 (c) If a potential ground for removal exists, the assistant
4-12 adjutant general with the longest tenure in that position in the
4-13 department shall notify the governor and the attorney general that
4-14 a potential ground for removal exists.
4-15 SECTION 6. Section 431.028, Government Code, is amended to
4-16 read as follows:
4-17 Sec. 431.028. PERSONNEL [EMPLOYEES]. (a) The adjutant
4-18 general may employ clerks, employees, and laborers as necessary to
4-19 carry on the operations of the department.
4-20 (b) The adjutant general or the adjutant general's designee
4-21 shall provide to department employees, as often as necessary,
4-22 information regarding their qualification for office or employment
4-23 under this chapter and their responsibilities under applicable laws
4-24 relating to standards of conduct for state officers or employees.
4-25 (c) The adjutant general or the adjutant general's designee
4-26 shall develop an intra-agency career ladder program that addresses
4-27 opportunities for mobility and advancement for employees within the
5-1 department. The program shall require intra-agency posting of all
5-2 positions concurrently with any public posting.
5-3 (d) The adjutant general or the adjutant general's designee
5-4 shall develop a system of annual performance evaluations that are
5-5 based on documented employee performance. All merit pay for
5-6 department employees must be based on the system established under
5-7 this subsection.
5-8 (e) The adjutant general or the adjutant general's designee
5-9 shall prepare and maintain a written policy statement to assure
5-10 implementation of a program of equal employment opportunity under
5-11 which all personnel transactions are made without regard to race,
5-12 color, disability, sex, religion, age, or national origin. The
5-13 policy statement must include:
5-14 (1) personnel policies, including policies relating to
5-15 recruitment, evaluation, selection, appointment, training, and
5-16 promotion of personnel that are in compliance with the requirements
5-17 of Chapter 21, Labor Code;
5-18 (2) a comprehensive analysis of the department's
5-19 workforce that meets federal and state guidelines;
5-20 (3) procedures by which a determination can be made
5-21 about the extent of underuse in the department's workforce of all
5-22 persons for whom federal or state guidelines encourage a more
5-23 equitable balance; and
5-24 (4) reasonable methods to appropriately address those
5-25 areas of underuse.
5-26 (f) A policy statement prepared under Subsection (e) must
5-27 cover an annual period, be updated annually and reviewed by the
6-1 Commission on Human Rights for compliance with Subsection (e)(1),
6-2 and be filed with the governor's office.
6-3 (g) The governor's office shall deliver a biennial report to
6-4 the legislature based on the information received under Subsection
6-5 (f). The report may be made separately or as a part of other
6-6 biennial reports made to the legislature.
6-7 SECTION 7. Section 431.034, Government Code, is amended to
6-8 read as follows:
6-9 Sec. 431.034. REPORT. The adjutant general annually shall
6-10 report to the governor. The report shall be delivered to the
6-11 legislature. The report must include:
6-12 (1) a complete and detailed written statement
6-13 accounting for all funds [of money that the adjutant general has]
6-14 received and [the money that the adjutant general has] disbursed by
6-15 the department during the preceding fiscal year that meets the
6-16 reporting requirements applicable to financial reporting provided
6-17 in the General Appropriations Act [since the most recent annual
6-18 report];
6-19 (2) an account, to the extent of the adjutant
6-20 general's knowledge, of all arms, ammunition, and other military
6-21 property owned by or in possession of the state, the source from
6-22 which it was received, to whom it is issued, and its present
6-23 condition;
6-24 (3) a statement of the number, condition, and
6-25 organization of the Texas National Guard and reserve militia; and
6-26 (4) suggestions that the adjutant general considers
6-27 important to the military interests and conditions of the state and
7-1 the perfection of its military organization.
7-2 SECTION 8. Section 431.035(a), Government Code, is amended
7-3 to read as follows:
7-4 (a) Except as provided by Subsection (c), all money [funds]
7-5 paid to the department under this chapter [subchapter], other than
7-6 money held in military unit funds authorized by adjutant general
7-7 rule, is subject to Subchapter F, Chapter 404 [shall be deposited
7-8 in the state treasury to the credit of the general revenue fund].
7-9 SECTION 9. Subchapter B, Chapter 431, Government Code, is
7-10 amended by adding Section 431.037 to read as follows:
7-11 Sec. 431.037. INFORMATION OF INTEREST; COMPLAINTS. (a) The
7-12 department shall prepare information of public interest describing
7-13 the functions of the department and the procedures by which
7-14 complaints are filed with and resolved by the department. The
7-15 department shall make the information available to the public and
7-16 appropriate state agencies.
7-17 (b) The adjutant general by policy shall establish methods
7-18 by which the public and members of the Texas National Guard are
7-19 notified of the name, mailing address, and telephone number of the
7-20 department for the purpose of directing complaints to the
7-21 department. The department may provide for that notification on a
7-22 sign prominently displayed at each Texas National Guard armory.
7-23 (c) The department shall keep information about each
7-24 complaint filed with the department. The information shall
7-25 include:
7-26 (1) the date the complaint is received;
7-27 (2) the name of the complainant;
8-1 (3) the subject matter of the complaint;
8-2 (4) a record of all persons contacted in relation to
8-3 the complaint;
8-4 (5) a summary of the results of the review or
8-5 investigation of the complaint; and
8-6 (6) for complaints for which the agency took no
8-7 action, an explanation of the reason the complaint was closed
8-8 without action.
8-9 (d) The department shall keep a file about each written
8-10 complaint filed with the department that the department has
8-11 authority to resolve. The department shall provide to the person
8-12 filing the complaint and the persons or entities complained about
8-13 the department policies and procedures pertaining to complaint
8-14 investigation and resolution. The department, at least quarterly
8-15 and until final disposition of the complaint, shall notify the
8-16 person filing the complaint and the persons or entities complained
8-17 about of the status of the complaint unless the notice would
8-18 jeopardize an undercover investigation.
8-19 SECTION 10. Subchapter B, Chapter 431, Government Code, is
8-20 amended by adding Section 431.038 to read as follows:
8-21 Sec. 431.038. PROGRAM AND FACILITY ACCESSIBILITY. The
8-22 department shall comply with federal and state laws related to
8-23 program and facility accessibility. The department shall also
8-24 prepare and maintain a written plan that describes how a person who
8-25 does not speak English can be provided reasonable access to the
8-26 department's programs and services.
8-27 SECTION 11. (a) This Act takes effect September 1, 1997.
9-1 (b) Section 431.0225, Government Code, as added by this Act,
9-2 applies only to a person who is appointed or reappointed to the
9-3 office of adjutant general on or after the effective date of this
9-4 Act.
9-5 SECTION 12. The importance of this legislation and the
9-6 crowded condition of the calendars in both houses create an
9-7 emergency and an imperative public necessity that the
9-8 constitutional rule requiring bills to be read on three several
9-9 days in each house be suspended, and this rule is hereby suspended.