By Armbrister S.B. No. 352
75R1796 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas National
1-3 Guard Armory Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 435, Government Code, is
1-6 amended by amending Sections 435.003, 435.004, 435.005, 435.006,
1-7 435.007, 435.009, and 435.012, and by adding Sections 435.0043,
1-8 435.0044, 435.0045, 435.0095, and 435.014-435.017 to read as
1-9 follows:
1-10 Sec. 435.003. APPLICATION OF SUNSET ACT[, OPEN MEETINGS,
1-11 AND ADMINISTRATIVE PROCEDURE LAWS]. [(a)] The Texas National
1-12 Guard Armory Board is subject to Chapter 325 (Texas Sunset Act).
1-13 Unless continued in existence as provided by that chapter, the
1-14 board is abolished and this chapter expires September 1, 2001
1-15 [1997].
1-16 [(b) The board is subject to Chapter 551, and Chapter 2001.]
1-17 Sec. 435.004. COMPOSITION. (a) The board is composed of:
1-18 (1) one [the two] senior officer [officers] of the
1-19 Texas [Army] National Guard who is appointed by the governor with
1-20 the advice and consent of the senate from a list submitted by the
1-21 adjutant general and[,] who must be actively serving in the Texas
1-22 [Army] National Guard at the time of appointment; and
1-23 (2) five members of the general public who are
1-24 appointed by the governor with the advice and consent of the
2-1 senate, who must not be actively serving in the Texas National
2-2 Guard while serving as members of the board, and two of whom must
2-3 have experience in architecture, civil engineering, or construction
2-4 management. [the senior officer of the Texas Air National Guard,
2-5 who must be actively serving in the Texas Air National Guard at the
2-6 time of appointment; and]
2-7 [(3) three members of the general public who are
2-8 appointed by the governor with the advice and consent of the senate
2-9 and who must not be actively serving in the Texas National Guard at
2-10 the time of appointment.]
2-11 (b) Appointments to the board shall be made [The governor
2-12 shall appoint each public member] without regard to the
2-13 [appointee's] race, color, disability [creed], sex, religion, age,
2-14 or national origin of the appointees.
2-15 (c) A person is not eligible for appointment as a public
2-16 member of the board if the person or the person's spouse:
2-17 (1) is employed by or participates in the management
2-18 of a business entity or other organization receiving funds from the
2-19 board;
2-20 (2) owns or controls, directly or indirectly, more
2-21 than a 10 percent interest in a business entity or other
2-22 organization receiving funds from the board; or
2-23 (3) uses or receives a substantial amount of tangible
2-24 goods, services, or funds from the board, other than compensation
2-25 or reimbursement authorized by law for board membership,
2-26 attendance, or expenses.
2-27 (d) A person may not serve as a member of the board if the
3-1 person holds another office or position of honor, trust, or profit
3-2 under the state or federal government, except as a member of the
3-3 Texas National Guard.
3-4 [(d) A person required to register as a lobbyist under
3-5 Chapter 305 of this code may not serve as a member of the board or
3-6 act as general counsel to the board.]
3-7 Sec. 435.0043. CONFLICTS OF INTERESTS. (a) An officer,
3-8 employee, or paid consultant of a Texas trade association in a
3-9 field related to the operation of the board may not be a member of
3-10 the board or an employee of the board who is exempt from the
3-11 state's position classification plan or is compensated at or above
3-12 the amount prescribed by the General Appropriations Act for step 1,
3-13 salary group 17, of the position classification salary schedule.
3-14 (b) A person who is the spouse of an officer, manager, or
3-15 paid consultant of a Texas trade association in a field related to
3-16 the operation of the board may not be a member of the board and may
3-17 not be an employee of the board who is exempt from the state's
3-18 position classification plan or is compensated at or above the
3-19 amount prescribed by the General Appropriations Act for step 1,
3-20 salary group 17, of the position classification salary schedule.
3-21 (c) For the purposes of this section, a Texas trade
3-22 association is a nonprofit, cooperative, and voluntarily joined
3-23 association in this state designed to assist its members and its
3-24 industry or profession in dealing with mutual problems and in
3-25 promoting their common interest.
3-26 (d) A person may not serve as a member of the board or act
3-27 as the general counsel to the board if the person is required to
4-1 register as a lobbyist under Chapter 305 because of the person's
4-2 activities for compensation on behalf of a profession related to
4-3 the operation of the board.
4-4 Sec. 435.0044. PRESIDING OFFICER. The governor shall
4-5 designate a member of the board as the presiding officer of the
4-6 board to serve in that capacity at the pleasure of the governor.
4-7 Sec. 435.0045. BOARD MEMBER TRAINING. (a) Before a member
4-8 of the board may assume the member's duties and before the member
4-9 may be confirmed by the senate, the member must complete at least
4-10 one course of the training program established under this section.
4-11 (b) A training program established under this section shall
4-12 provide information to the member regarding:
4-13 (1) the enabling legislation that created the board;
4-14 (2) the programs operated by the board;
4-15 (3) the role and functions of the board;
4-16 (4) the rules of the board with an emphasis on the
4-17 rules that relate to disciplinary and investigatory authority;
4-18 (5) the current budget for the board;
4-19 (6) the results of the most recent formal audit of the
4-20 board;
4-21 (7) the requirements of the:
4-22 (A) open meetings law, Chapter 551;
4-23 (B) open records law, Chapter 552; and
4-24 (C) administrative procedure law, Chapter 2001;
4-25 (8) the requirements of the conflict of interest laws
4-26 and other laws relating to public officials; and
4-27 (9) any applicable ethics policies adopted by the
5-1 board or the Texas Ethics Commission.
5-2 Sec. 435.005. VACANCY; INABILITY TO SERVE. (a) If a member
5-3 of the board who is a senior [an] officer of the Texas National
5-4 Guard retires from active service with the Texas National Guard,
5-5 the member's position on the board becomes vacant. That [(b) A]
5-6 vacancy on the board is filled for the unexpired term in the same
5-7 manner in which the position was originally filled [by the person
5-8 who fills the position in the Texas National Guard of the person
5-9 whose retirement created the vacancy. The governor shall certify
5-10 the officer filling the vacancy to the secretary of state, who
5-11 shall notify the officer of the officer's eligibility to fill the
5-12 vacancy not later than the 10th day after the date the vacancy
5-13 occurs. Not later than the 15th day after the date the officer
5-14 receives the notice, the officer shall qualify by taking and filing
5-15 with the secretary of state the constitutional oath of office. If
5-16 the officer fails to qualify as a member of the board under the
5-17 state constitution or this chapter, the governor shall certify to
5-18 the secretary of state the next senior officer in military rank to
5-19 qualify].
5-20 (b) [(c)] If a member of the board who is a senior officer
5-21 [a member] of the Texas National Guard is unable to serve as a
5-22 board member because of induction into federal service of the
5-23 member or the member's military unit, the governor shall fill the
5-24 position in the same manner in which the position was originally
5-25 filled, and [designate the next senior officer of the Texas
5-26 National Guard as] the member's successor [in function] on the
5-27 board serves for the period of the induction into federal service.
6-1 The successor shall qualify as a member of the board.
6-2 Sec. 435.006. REMOVAL. (a) It is a ground for removal from
6-3 the board if a member:
6-4 (1) does not have at the time of appointment the
6-5 qualifications required by Sections 435.004(a) and (c);
6-6 (2) does not maintain during service on the board the
6-7 qualifications required by Sections 435.004(a) and (c);
6-8 (3) violates a prohibition established by Section
6-9 435.004(d) or 435.0043;
6-10 (4) cannot because of illness or disability discharge
6-11 the member's duties for a substantial part of the term for which
6-12 the member is appointed; or
6-13 (5) is absent from more than half of the regularly
6-14 scheduled board meetings that the member is eligible to attend
6-15 during a calendar year unless the absence is excused by majority
6-16 vote of the board [fails to attend at least one-half of the
6-17 regularly scheduled board meetings held in a calendar year,
6-18 excluding meetings held while the person was not a member].
6-19 (b) The validity of an action of the board is not affected
6-20 by the fact that it is taken when a ground for removal of a board
6-21 member exists.
6-22 (c) If the executive secretary has knowledge that a
6-23 potential ground for removal exists, the executive secretary shall
6-24 notify the presiding officer of the board of the potential ground.
6-25 The presiding officer shall then notify the governor and the
6-26 attorney general that a potential ground for removal exists. If
6-27 the potential ground for removal involves the presiding officer,
7-1 the executive secretary shall notify the next highest officer of
7-2 the board, who shall notify the governor and the attorney general
7-3 that a potential ground for removal exists.
7-4 Sec. 435.007. TERM AND OFFICERS. (a) The term of office of
7-5 a board member is six years without regard to the organizational
7-6 structure of the Texas National Guard.
7-7 (b) The board annually shall elect a [chairman and]
7-8 treasurer from among its members.
7-9 Sec. 435.009. PERSONNEL. (a) The board may employ an
7-10 executive secretary and other officials, counsel, agents, and
7-11 employees as necessary to carry out the board's purposes and
7-12 duties, and may prescribe their duties and fix their compensation.
7-13 (b) The executive secretary or the executive secretary's
7-14 designee shall develop an intra-agency [a] career ladder program
7-15 that addresses opportunities for mobility and advancement for
7-16 employees within the board [agency]. The program shall [must]
7-17 require intra-agency posting of all positions concurrently with
7-18 any public posting [that openings in all positions except entry
7-19 level positions be posted within the board for at least 10 days
7-20 before they are posted for the public].
7-21 (c) The executive secretary or the executive secretary's
7-22 designee shall develop a system of annual performance evaluations
7-23 that are based on documented employee performance [evaluation based
7-24 on measurable job tasks]. All merit pay for board employees must
7-25 be based on the system established under this subsection [Merit pay
7-26 for board employees shall be based on this system].
7-27 (d) The executive secretary or the executive secretary's
8-1 designee shall provide to members of the board and to agency
8-2 employees, as often as necessary, information regarding their
8-3 qualification for office or employment under this chapter and their
8-4 responsibilities under applicable laws relating to standards of
8-5 conduct for state officers or employees.
8-6 (e) The board shall develop and implement policies that
8-7 clearly separate the policymaking responsibilities of the board and
8-8 the management responsibilities of the executive secretary and the
8-9 staff of the board.
8-10 Sec. 435.0095. EQUAL EMPLOYMENT OPPORTUNITY POLICY
8-11 STATEMENT. (a) The executive secretary or the executive
8-12 secretary's designee shall prepare and maintain a written policy
8-13 statement to assure implementation of a program of equal employment
8-14 opportunity under which all personnel transactions are made without
8-15 regard to race, color, disability, sex, religion, age, or national
8-16 origin. The policy statement must include:
8-17 (1) personnel policies, including policies relating to
8-18 recruitment, evaluation, selection, appointment, training, and
8-19 promotion of personnel that are in compliance with requirements of
8-20 Chapter 21, Labor Code;
8-21 (2) a comprehensive analysis of the board workforce
8-22 that meets federal and state guidelines;
8-23 (3) procedures by which a determination can be made
8-24 about the extent of underuse in the board workforce of all persons
8-25 for whom federal or state guidelines encourage a more equitable
8-26 balance; and
8-27 (4) reasonable methods to appropriately address those
9-1 areas of underuse.
9-2 (b) A policy statement prepared under Subsection (a) must
9-3 cover an annual period, be updated annually and reviewed by the
9-4 Commission on Human Rights for compliance with Subsection (a)(1),
9-5 and be filed with the governor's office.
9-6 (c) The governor's office shall deliver a biennial report to
9-7 the legislature based on the information received under Subsection
9-8 (b). The report may be made separately or as a part of other
9-9 biennial reports made to the legislature.
9-10 Sec. 435.012. RECORDS; AUDIT; REPORT. (a) The board shall
9-11 keep accurate minutes of its meetings and shall keep accurate
9-12 records and books of account that conform with approved methods of
9-13 accounting and that clearly reflect the income and expenses of the
9-14 board and all transactions in relation to its property.
9-15 (b) The financial transactions of the board are subject to
9-16 audit by the state auditor in accordance with Chapter 321,
9-17 Government Code.
9-18 (c) The executive secretary shall prepare annually [On or
9-19 before January 1 of each year, the board shall make in writing to
9-20 the governor and the presiding officer of each house of the
9-21 legislature] a complete and detailed written report accounting for
9-22 all funds received and disbursed by the board during the preceding
9-23 fiscal year. The annual report must meet the reporting
9-24 requirements applicable to financial reporting provided in the
9-25 General Appropriations Act.
9-26 Sec. 435.014. PUBLIC HEARINGS. The board shall develop and
9-27 implement policies that provide the public with a reasonable
10-1 opportunity to appear before the board and to speak on any issue
10-2 under the jurisdiction of the board.
10-3 Sec. 435.015. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
10-4 (a) The board shall prepare information of public interest
10-5 describing the functions of the board and the procedures by which
10-6 complaints are filed with and resolved by the board. The board
10-7 shall make the information available to the public and appropriate
10-8 state agencies.
10-9 (b) The board by rule shall establish methods by which
10-10 consumers and service recipients are notified of the name, mailing
10-11 address, and telephone number of the board for the purpose of
10-12 directing complaints to the board relating to building maintenance
10-13 or agency performance. The board may provide for that notification
10-14 on a sign prominently displayed in each building under the
10-15 jurisdiction of the board.
10-16 (c) The board shall keep a file about each written complaint
10-17 filed with the board that the agency has authority to resolve. The
10-18 board shall provide to the person filing the complaint and the
10-19 persons or entities complained about the board's policies and
10-20 procedures pertaining to complaint investigation and resolution.
10-21 The board, at least quarterly and until final disposition of the
10-22 complaint, shall notify the person filing the complaint and the
10-23 persons or entities complained about of the status of the complaint
10-24 unless the notice would jeopardize an undercover investigation.
10-25 (d) The board shall keep information about each complaint
10-26 filed with the board. The information shall include:
10-27 (1) the date the complaint is received;
11-1 (2) the name of the complainant;
11-2 (3) the subject matter of the complaint;
11-3 (4) a record of all persons contacted in relation to
11-4 the complaint;
11-5 (5) a summary of the results of the review or
11-6 investigation of the complaint; and
11-7 (6) for complaints for which the agency took no
11-8 action, an explanation of the reason the complaint was closed
11-9 without action.
11-10 Sec. 435.016. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
11-11 money paid to the board under this chapter, except that money
11-12 directly related to bonds used to build, renovate, or modify
11-13 National Guard armories, is subject to Subchapter F, Chapter 404.
11-14 Sec. 435.017. PROGRAM AND FACILITY ACCESSIBILITY. The board
11-15 shall comply with federal and state laws related to program and
11-16 facility accessibility. The executive secretary shall also prepare
11-17 and maintain a written plan that describes how a person who does
11-18 not speak English can be provided reasonable access to the board
11-19 programs and services.
11-20 SECTION 2. This Act takes effect September 1, 1997.
11-21 SECTION 3. The changes in law made by this Act relating to
11-22 the qualifications of, and the prohibitions applying to, members of
11-23 the Texas National Guard Armory Board do not affect the entitlement
11-24 of a member of the board serving immediately before the effective
11-25 date of this Act to continue to carry out the functions of the
11-26 board for the remainder of the member's term. The changes in law
11-27 apply only to a member appointed on or after September 1, 1997.
12-1 This Act does not prohibit a person who is a member of the board on
12-2 September 1, 1997, from being reappointed to the board if the
12-3 person has the qualifications required for a member under Chapter
12-4 435, Government Code, as amended by this Act.
12-5 SECTION 4. The importance of this legislation and the
12-6 crowded condition of the calendars in both houses create an
12-7 emergency and an imperative public necessity that the
12-8 constitutional rule requiring bills to be read on three several
12-9 days in each house be suspended, and this rule is hereby suspended.