1-1 By: Armbrister S.B. No. 352
1-2 (In the Senate - Filed February 12, 1997; February 17, 1997,
1-3 read first time and referred to Committee on Veteran Affairs and
1-4 Military Installations; April 2, 1997, reported favorably, as
1-5 amended, by the following vote: Yeas 4, Nays 0; April 2, 1997,
1-6 sent to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Patterson
1-8 Amend S.B. No. 352 by inserting the following appropriately
1-9 numbered new sections into the bill to read as follows and
1-10 renumbering existing sections of the bill appropriately:
1-11 SECTION ____. (a) The Texas National Guard Armory Board
1-12 shall donate and transfer to the City of Donna the real property
1-13 described by Subsection (d) of this section if:
1-14 (1) the property is no longer used by the Texas
1-15 National Guard Armory Board as an armory;
1-16 (2) the property is fully paid for and free of liens;
1-17 and
1-18 (3) all obligations incurred in connection with the
1-19 acquisition and construction of the property have been fully paid.
1-20 (b) The Texas National Guard Armory Board shall transfer the
1-21 property by an appropriate instrument of transfer. The instrument
1-22 must include a provision that:
1-23 (1) requires the City of Donna to use the property
1-24 only for governmental purposes; and
1-25 (2) indicates that ownership of the property will
1-26 automatically revert to the Texas National Guard Armory Board if
1-27 the City of Donna uses the property for any purpose other than a
1-28 governmental purpose.
1-29 (c) The Texas National Guard Armory Board shall retain
1-30 custody of the instrument of transfer after its filing.
1-31 (d) The real property referred to in Subsection (a) of this
1-32 section is described as follows:
1-33 Being Lots Eight (8) to Twenty-One (21), inclusive, and Lots
1-34 Thirty-five (35) to Forty (40), inclusive, out of the La Colonial
1-35 Subdivision in Donna, Hidalgo County, Texas, said Subdivision being
1-36 a Re-subdivision of Lots One (1) and Two (2), Block Eighty-One (81)
1-37 of the Lott, Town and Improvement Company's Subdivision of lands in
1-38 Hidalgo County, Texas, according to the maps and plats of said
1-39 subdivisions of record in the Office of the County Clerk of Hidalgo
1-40 County, Texas, to which reference is here made for all purposes;
1-41 SAVE AND EXCEPT all of the Oil, Gas, and other minerals in and
1-42 under, and that may be produced from said property, same being
1-43 expressly reserved to the City of Donna, Texas.
1-44 SECTION ____. (a) The Texas National Guard Armory Board
1-45 shall donate and transfer to the City of Edinburg the real property
1-46 described by Subsection (d) of this section if:
1-47 (1) the property is no longer used by the Texas
1-48 National Guard Armory Board as an armory;
1-49 (2) the property is fully paid for and free of liens;
1-50 and
1-51 (3) all obligations incurred in connection with the
1-52 acquisition and construction of the property have been fully paid.
1-53 (b) The Texas National Guard Armory Board shall transfer the
1-54 property by an appropriate instrument of transfer. The instrument
1-55 must include a provision that:
1-56 (1) requires the City of Edinburg to use the property
1-57 only for governmental purposes; and
1-58 (2) indicates that ownership of the property will
1-59 automatically revert to the Texas National Guard Armory Board if
1-60 the City of Edinburg uses the property for any purpose other than a
1-61 governmental purpose.
1-62 (c) The Texas National Guard Armory Board shall retain
1-63 custody of the instrument of transfer after its filing.
1-64 (d) The real property referred to in Subsection (a) of this
2-1 section is described as follows:
2-2 A tract of land containing 3.42 acres, more or less, out of Lot No.
2-3 Ten (10) in Section No. Two Hundred Seventy-One (271) of the
2-4 Texas-Mexican Railway Company's Surveys in Hidalgo County, Texas,
2-5 according to the map or plat showing the subdivision of said
2-6 section along with other sections appearing of record in Volume 24,
2-7 Page 168 of the Deed Records of Hidalgo County, Texas, said tract
2-8 being more particularly described by metes and bounds as follows:
2-9 Beginning at a point on the West boundary line of said Lot No. Ten
2-10 (10), Section No. Two Hundred Seventy-One (271), 603.8 feet North
2-11 of the Southwest corner of said Lot; Thence Easterly on a line
2-12 parallel to the South boundary line of said Lot No. 10 a distance
2-13 of 307.86 feet to a point for the Southeast corner of this tract;
2-14 Thence Northerly on a line parallel to the West boundary line of
2-15 said Lot No. 10 a distance of 650.2 feet to a point, which point is
2-16 66 feet South of the North boundary line of said Lot No. 10 and
2-17 also 13 feet South of the South concrete edge of a concrete-lined
2-18 canal; Thence Westerly on a line parallel to the North boundary
2-19 line of said Lot No. 10 and said concrete canal a distance of 132
2-20 feet to a point; Thence Southerly and Westerly a distance of 141.39
2-21 feet along a curved line parallel to and 13 feet distant from said
2-22 concrete canal to a point; Thence Southerly on a line parallel to
2-23 the West boundary line of said Lot No. 10 and concrete canal a
2-24 distance of 391 feet to a point; Thence Westerly on a line parallel
2-25 to the North boundary line of said Lot No. 10 a distance of 36 feet
2-26 to a point; Thence Southerly on a line parallel to the West
2-27 boundary line of said Lot No. 10 a distance of 160 feet to a point;
2-28 Thence Westerly on a line parallel to the North boundary line of
2-29 said Lot No. 10 a distance of 50 feet to a point on the West
2-30 boundary line of said Lot No. 10; Thence Southerly along the West
2-31 boundary line of said Lot No. 10 a distance of 10 feet to the point
2-32 of beginning, containing, by the above metes and bounds, 3.42 acres
2-33 of land, more or less.
2-34 SECTION ____. (a) The Texas National Guard Armory Board
2-35 shall donate and transfer to the City of McAllen the real property
2-36 described by Subsection (d) of this section if:
2-37 (1) the property is no longer used by the Texas
2-38 National Guard Armory Board as an armory;
2-39 (2) the property is fully paid for and free of liens;
2-40 and
2-41 (3) all obligations incurred in connection with the
2-42 acquisition and construction of the property have been fully paid.
2-43 (b) The Texas National Guard Armory Board shall transfer the
2-44 property by an appropriate instrument of transfer. The instrument
2-45 must include a provision that:
2-46 (1) requires the City of McAllen to use the property
2-47 only for governmental purposes; and
2-48 (2) indicates that ownership of the property will
2-49 automatically revert to the Texas National Guard Armory Board if
2-50 the City of McAllen uses the property for any purpose other than a
2-51 governmental purpose.
2-52 (c) The Texas National Guard Armory Board shall retain
2-53 custody of the instrument of transfer after its filing.
2-54 (d) The real property referred to in Subsection (a) of this
2-55 section is described as follows:
2-56 The North Five (N 5) acres of the South Eight and Sixty Nine
2-57 Hundredths (8.69) acres of Lot Fifteen (15) in the Northwest
2-58 Quarter (1/4) of Section Seven (7), Hidalgo Canal Company's
2-59 Subdivision of lands out of Porciones 64, 65 and 66 in Hidalgo
2-60 County, Texas, said five (5) acres being the North 303.77 feet of
2-61 the South 528.0 feet of said Lot 15, and is described by metes and
2-62 bounds as follows:
2-63 BEGINNING at a point in South Main Street in the City of McAllen,
2-64 Texas, on the West line of Lot 15, Northwest 1/4 of Section 7,
2-65 Hidalgo Canal Company's Subdivision of Porciones 64, 65 and 66,
2-66 Hidalgo County, Texas, North 8 degrees 46 minutes West, 528.0 feet
2-67 from the Southwest corner of said Lot 15 for the Northwest corner
2-68 of the South 8.69 acres of said lot and the Northwest corner
2-69 hereof.
3-1 THENCE, with the North line of the South 8.69 acres of Lot 15,
3-2 South 81 deg. 16 min. East, 717.0 feet to a point on the East line
3-3 of Lot 15 for the Northeast corner hereof.
3-4 THENCE, with the East line of Lot 15, South 8 deg. 46 min. West,
3-5 303.77 feet to a point for the Southeast corner hereof.
3-6 THENCE, parallel to the South line of Lot 15, North 81 deg. 16 min.
3-7 West, 717.0 feet to a point on the West line of Lot 15 for the
3-8 Southwest corner hereof.
3-9 THENCE, with the West line of Lot 15 in South Main Street, North 8
3-10 deg. 46 min. West, 303.77 feet to the POINT OF BEGINNING,
3-11 containing 5.0 acres of land, of which the West 39.0 feet is hereby
3-12 set aside for Main Street right-of-way:
3-13 SAVE AND EXCEPT all oil, gas and other minerals.
3-14 SECTION ____. (a) The Texas National Guard Armory Board
3-15 shall donate and transfer to the City of Pharr the real property
3-16 described by Subsection (d) of this section if:
3-17 (1) the property is no longer used by the Texas
3-18 National Guard Armory Board as an armory;
3-19 (2) the property is fully paid for and free of liens;
3-20 and
3-21 (3) all obligations incurred in connection with the
3-22 acquisition and construction of the property have been fully paid.
3-23 (b) The Texas National Guard Armory Board shall transfer the
3-24 property by an appropriate instrument of transfer. The instrument
3-25 must include a provision that:
3-26 (1) requires the City of Pharr to use the property
3-27 only for governmental purposes; and
3-28 (2) indicates that ownership of the property will
3-29 automatically revert to the Texas National Guard Armory Board if
3-30 the City of Pharr uses the property for any purpose other than a
3-31 governmental purpose.
3-32 (c) The Texas National Guard Armory Board shall retain
3-33 custody of the instrument of transfer after its filing.
3-34 (d) The real property referred to in Subsection (a) of this
3-35 section is described as follows:
3-36 Three (3) acres of land in the South part of Lot Number 182 of the
3-37 Kelly-Pharr Subdivision of Porciones 69-70, Hidalgo County, Texas,
3-38 according to the map of said subdivision, recorded in Volume "3",
3-39 pages 133-134, of the Deed Records of said county, described by
3-40 metes and bounds as follows, to wit:
3-41 Beginning in the South line of said Lot No. 182 at a point N 81 35'
3-42 W 630 feet from the Southeast corner of said lot, for the Southwest
3-43 corner hereof; thence S 81 35' E 300 feet to a point in said south
3-44 line for the Southeast corner hereof; thence N 8 25' E parallel
3-45 with the East line of said lot, 435.6 feet to a point for the
3-46 Northeast corner hereof; thence N 81 35' W, parallel with the South
3-47 line of said lot, 300 feet to a point for the Northwest corner
3-48 hereof; Thence S 8 25' W, parallel with the East line of said lot,
3-49 435.6 feet to the place and point of beginning,- containing three
3-50 (3) acres, EXCEPTING from this conveyance however, and not conveyed
3-51 hereby, all of the oil, gas and other minerals in, under and that
3-52 may be produced from said described three acres.
3-53 A BILL TO BE ENTITLED
3-54 AN ACT
3-55 relating to the continuation and functions of the Texas National
3-56 Guard Armory Board.
3-57 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
3-58 SECTION 1. Subchapter A, Chapter 435, Government Code, is
3-59 amended by amending Sections 435.003, 435.004, 435.005, 435.006,
3-60 435.007, 435.009, and 435.012 and adding Sections 435.0043,
3-61 435.0044, 435.0045, 435.0095, and 435.014 through 435.017 to read
3-62 as follows:
3-63 Sec. 435.003. APPLICATION OF SUNSET ACT[, OPEN MEETINGS,
3-64 AND ADMINISTRATIVE PROCEDURE LAWS]. [(a)] The Texas National Guard
3-65 Armory Board is subject to Chapter 325 (Texas Sunset Act). Unless
3-66 continued in existence as provided by that chapter, the board is
3-67 abolished and this chapter expires September 1, 2001 [1997].
3-68 [(b) The board is subject to Chapter 551, and Chapter 2001.]
3-69 Sec. 435.004. COMPOSITION. (a) The board is composed of:
4-1 (1) one [the two] senior officer [officers] of the
4-2 Texas [Army] National Guard who is appointed by the governor with
4-3 the advice and consent of the senate from a list submitted by the
4-4 adjutant general and[,] who must be actively serving in the Texas
4-5 [Army] National Guard at the time of appointment; and
4-6 (2) five members of the general public who are
4-7 appointed by the governor with the advice and consent of the
4-8 senate, who must not be actively serving in the Texas National
4-9 Guard while serving as members of the board, and two of whom must
4-10 have experience in architecture, civil engineering, or construction
4-11 management [the senior officer of the Texas Air National Guard, who
4-12 must be actively serving in the Texas Air National Guard at the
4-13 time of appointment; and]
4-14 [(3) three members of the general public who are
4-15 appointed by the governor with the advice and consent of the senate
4-16 and who must not be actively serving in the Texas National Guard at
4-17 the time of appointment].
4-18 (b) Appointments to the board shall be made [The governor
4-19 shall appoint each public member] without regard to the
4-20 [appointee's] race, color, disability [creed], sex, religion, age,
4-21 or national origin of the appointees.
4-22 (c) A person is not eligible for appointment as a public
4-23 member of the board if the person or the person's spouse:
4-24 (1) is employed by or participates in the management
4-25 of a business entity or other organization receiving funds from the
4-26 board;
4-27 (2) owns or controls, directly or indirectly, more
4-28 than a 10 percent interest in a business entity or other
4-29 organization receiving funds from the board; or
4-30 (3) uses or receives a substantial amount of tangible
4-31 goods, services, or funds from the board, other than compensation
4-32 or reimbursement authorized by law for board membership,
4-33 attendance, or expenses.
4-34 (d) A person may not serve as a member of the board if the
4-35 person holds another office or position of honor, trust, or profit
4-36 under the state or federal government, except as a member of the
4-37 Texas National Guard.
4-38 [(d) A person required to register as a lobbyist under
4-39 Chapter 305 of this code may not serve as a member of the board or
4-40 act as general counsel to the board.]
4-41 Sec. 435.0043. CONFLICTS OF INTERESTS. (a) An officer,
4-42 employee, or paid consultant of a Texas trade association in a
4-43 field related to the operation of the board may not be a member of
4-44 the board or an employee of the board who is exempt from the
4-45 state's position classification plan or is compensated at or above
4-46 the amount prescribed by the General Appropriations Act for step 1,
4-47 salary group 17, of the position classification salary schedule.
4-48 (b) A person who is the spouse of an officer, manager, or
4-49 paid consultant of a Texas trade association in a field related to
4-50 the operation of the board may not be a member of the board and may
4-51 not be an employee of the board who is exempt from the state's
4-52 position classification plan or is compensated at or above the
4-53 amount prescribed by the General Appropriations Act for step 1,
4-54 salary group 17, of the position classification salary schedule.
4-55 (c) For the purposes of this section, a Texas trade
4-56 association is a nonprofit, cooperative, and voluntarily joined
4-57 association in this state designed to assist its members and its
4-58 industry or profession in dealing with mutual problems and in
4-59 promoting their common interest.
4-60 (d) A person may not serve as a member of the board or act
4-61 as the general counsel to the board if the person is required to
4-62 register as a lobbyist under Chapter 305 because of the person's
4-63 activities for compensation on behalf of a profession related to
4-64 the operation of the board.
4-65 Sec. 435.0044. PRESIDING OFFICER. The governor shall
4-66 designate a member of the board as the presiding officer of the
4-67 board to serve in that capacity at the pleasure of the governor.
4-68 Sec. 435.0045. BOARD MEMBER TRAINING. (a) Before a member
4-69 of the board may assume the member's duties and before the member
5-1 may be confirmed by the senate, the member must complete at least
5-2 one course of the training program established under this section.
5-3 (b) A training program established under this section shall
5-4 provide information to the member regarding:
5-5 (1) the enabling legislation that created the board;
5-6 (2) the programs operated by the board;
5-7 (3) the role and functions of the board;
5-8 (4) the rules of the board with an emphasis on the
5-9 rules that relate to disciplinary and investigatory authority;
5-10 (5) the current budget for the board;
5-11 (6) the results of the most recent formal audit of the
5-12 board;
5-13 (7) the requirements of the:
5-14 (A) open meetings law, Chapter 551;
5-15 (B) open records law, Chapter 552; and
5-16 (C) administrative procedure law, Chapter 2001;
5-17 (8) the requirements of the conflict of interest laws
5-18 and other laws relating to public officials; and
5-19 (9) any applicable ethics policies adopted by the
5-20 board or the Texas Ethics Commission.
5-21 Sec. 435.005. VACANCY; INABILITY TO SERVE. (a) If a member
5-22 of the board who is a senior [an] officer of the Texas National
5-23 Guard retires from active service with the Texas National Guard,
5-24 the member's position on the board becomes vacant. That
5-25 [(b) A] vacancy on the board is filled for the unexpired
5-26 term in the same manner in which the position was originally filled
5-27 [by the person who fills the position in the Texas National Guard
5-28 of the person whose retirement created the vacancy. The governor
5-29 shall certify the officer filling the vacancy to the secretary of
5-30 state, who shall notify the officer of the officer's eligibility to
5-31 fill the vacancy not later than the 10th day after the date the
5-32 vacancy occurs. Not later than the 15th day after the date the
5-33 officer receives the notice, the officer shall qualify by taking
5-34 and filing with the secretary of state the constitutional oath of
5-35 office. If the officer fails to qualify as a member of the board
5-36 under the state constitution or this chapter, the governor shall
5-37 certify to the secretary of state the next senior officer in
5-38 military rank to qualify].
5-39 (b) [(c)] If a member of the board who is a senior officer
5-40 [a member] of the Texas National Guard is unable to serve as a
5-41 board member because of induction into federal service of the
5-42 member or the member's military unit, the governor shall fill the
5-43 position in the same manner in which the position was originally
5-44 filled, and [designate the next senior officer of the Texas
5-45 National Guard as] the member's successor [in function] on the
5-46 board serves for the period of the induction into federal service.
5-47 The successor shall qualify as a member of the board.
5-48 Sec. 435.006. REMOVAL. (a) It is a ground for removal from
5-49 the board if a member:
5-50 (1) does not have at the time of appointment the
5-51 qualifications required by Sections 435.004(a) and (c);
5-52 (2) does not maintain during service on the board the
5-53 qualifications required by Sections 435.004(a) and (c);
5-54 (3) violates a prohibition established by Section
5-55 435.004(d) or 435.0043;
5-56 (4) cannot because of illness or disability discharge
5-57 the member's duties for a substantial part of the term for which
5-58 the member is appointed; or
5-59 (5) is absent from more than half of the regularly
5-60 scheduled board meetings that the member is eligible to attend
5-61 during a calendar year unless the absence is excused by majority
5-62 vote of the board [fails to attend at least one-half of the
5-63 regularly scheduled board meetings held in a calendar year,
5-64 excluding meetings held while the person was not a member].
5-65 (b) The validity of an action of the board is not affected
5-66 by the fact that it is taken when a ground for removal of a board
5-67 member exists.
5-68 (c) If the executive secretary has knowledge that a
5-69 potential ground for removal exists, the executive secretary shall
6-1 notify the presiding officer of the board of the potential ground.
6-2 The presiding officer shall then notify the governor and the
6-3 attorney general that a potential ground for removal exists. If
6-4 the potential ground for removal involves the presiding officer,
6-5 the executive secretary shall notify the next highest officer of
6-6 the board, who shall notify the governor and the attorney general
6-7 that a potential ground for removal exists.
6-8 Sec. 435.007. TERM AND OFFICERS. (a) The term of office of
6-9 a board member is six years without regard to the organizational
6-10 structure of the Texas National Guard.
6-11 (b) The board annually shall elect a [chairman and]
6-12 treasurer from among its members.
6-13 Sec. 435.009. PERSONNEL. (a) The board may employ an
6-14 executive secretary and other officials, counsel, agents, and
6-15 employees as necessary to carry out the board's purposes and
6-16 duties, and may prescribe their duties and fix their compensation.
6-17 (b) The executive secretary or the executive secretary's
6-18 designee shall develop an intra-agency [a] career ladder program
6-19 that addresses opportunities for mobility and advancement for
6-20 employees within the board [agency]. The program shall [must]
6-21 require intra-agency posting of all positions concurrently with any
6-22 public posting [that openings in all positions except entry level
6-23 positions be posted within the board for at least 10 days before
6-24 they are posted for the public].
6-25 (c) The executive secretary or the executive secretary's
6-26 designee shall develop a system of annual performance evaluations
6-27 that are based on documented employee performance [evaluation based
6-28 on measurable job tasks]. All merit [Merit] pay for board
6-29 employees must [shall] be based on the [this] system established
6-30 under this subsection.
6-31 (d) The executive secretary or the executive secretary's
6-32 designee shall provide to members of the board and to agency
6-33 employees, as often as necessary, information regarding their
6-34 qualification for office or employment under this chapter and their
6-35 responsibilities under applicable laws relating to standards of
6-36 conduct for state officers or employees.
6-37 (e) The board shall develop and implement policies that
6-38 clearly separate the policymaking responsibilities of the board and
6-39 the management responsibilities of the executive secretary and the
6-40 staff of the board.
6-41 Sec. 435.0095. EQUAL EMPLOYMENT OPPORTUNITY POLICY
6-42 STATEMENT. (a) The executive secretary or the executive
6-43 secretary's designee shall prepare and maintain a written policy
6-44 statement to assure implementation of a program of equal employment
6-45 opportunity under which all personnel transactions are made without
6-46 regard to race, color, disability, sex, religion, age, or national
6-47 origin. The policy statement must include:
6-48 (1) personnel policies, including policies relating to
6-49 recruitment, evaluation, selection, appointment, training, and
6-50 promotion of personnel that are in compliance with requirements of
6-51 Chapter 21, Labor Code;
6-52 (2) a comprehensive analysis of the board workforce
6-53 that meets federal and state guidelines;
6-54 (3) procedures by which a determination can be made
6-55 about the extent of underuse in the board workforce of all persons
6-56 for whom federal or state guidelines encourage a more equitable
6-57 balance; and
6-58 (4) reasonable methods to appropriately address those
6-59 areas of underuse.
6-60 (b) A policy statement prepared under Subsection (a) must
6-61 cover an annual period, be updated annually and reviewed by the
6-62 Commission on Human Rights for compliance with Subsection (a)(1),
6-63 and be filed with the governor's office.
6-64 (c) The governor's office shall deliver a biennial report to
6-65 the legislature based on the information received under Subsection
6-66 (b). The report may be made separately or as a part of other
6-67 biennial reports made to the legislature.
6-68 Sec. 435.012. RECORDS; AUDIT; REPORT. (a) The board shall
6-69 keep accurate minutes of its meetings and shall keep accurate
7-1 records and books of account that conform with approved methods of
7-2 accounting and that clearly reflect the income and expenses of the
7-3 board and all transactions in relation to its property.
7-4 (b) The financial transactions of the board are subject to
7-5 audit by the state auditor in accordance with Chapter 321,
7-6 Government Code.
7-7 (c) The executive secretary shall prepare annually [On or
7-8 before January 1 of each year, the board shall make in writing to
7-9 the governor and the presiding officer of each house of the
7-10 legislature] a complete and detailed written report accounting for
7-11 all funds received and disbursed by the board during the preceding
7-12 fiscal year. The annual report must meet the reporting
7-13 requirements applicable to financial reporting provided in the
7-14 General Appropriations Act.
7-15 Sec. 435.014. PUBLIC HEARINGS. The board shall develop and
7-16 implement policies that provide the public with a reasonable
7-17 opportunity to appear before the board and to speak on any issue
7-18 under the jurisdiction of the board.
7-19 Sec. 435.015. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
7-20 (a) The board shall prepare information of public interest
7-21 describing the functions of the board and the procedures by which
7-22 complaints are filed with and resolved by the board. The board
7-23 shall make the information available to the public and appropriate
7-24 state agencies.
7-25 (b) The board by rule shall establish methods by which
7-26 consumers and service recipients are notified of the name, mailing
7-27 address, and telephone number of the board for the purpose of
7-28 directing complaints to the board relating to building maintenance
7-29 or agency performance. The board may provide for that notification
7-30 on a sign prominently displayed in each building under the
7-31 jurisdiction of the board.
7-32 (c) The board shall keep a file about each written complaint
7-33 filed with the board that the agency has authority to resolve. The
7-34 board shall provide to the person filing the complaint and the
7-35 persons or entities complained about the board's policies and
7-36 procedures pertaining to complaint investigation and resolution.
7-37 The board, at least quarterly and until final disposition of the
7-38 complaint, shall notify the person filing the complaint and the
7-39 persons or entities complained about of the status of the complaint
7-40 unless the notice would jeopardize an undercover investigation.
7-41 (d) The board shall keep information about each complaint
7-42 filed with the board. The information shall include:
7-43 (1) the date the complaint is received;
7-44 (2) the name of the complainant;
7-45 (3) the subject matter of the complaint;
7-46 (4) a record of all persons contacted in relation to
7-47 the complaint;
7-48 (5) a summary of the results of the review or
7-49 investigation of the complaint; and
7-50 (6) for complaints for which the agency took no
7-51 action, an explanation of the reason the complaint was closed
7-52 without action.
7-53 Sec. 435.016. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
7-54 money paid to the board under this chapter, except that money
7-55 directly related to bonds used to build, renovate, or modify Texas
7-56 National Guard armories, is subject to Subchapter F, Chapter 404.
7-57 Sec. 435.017. PROGRAM AND FACILITY ACCESSIBILITY. The board
7-58 shall comply with federal and state laws related to program and
7-59 facility accessibility. The executive secretary shall also prepare
7-60 and maintain a written plan that describes how a person who does
7-61 not speak English can be provided reasonable access to the board
7-62 programs and services.
7-63 SECTION 2. This Act takes effect September 1, 1997.
7-64 SECTION 3. The changes in law made by this Act relating to
7-65 the qualifications of, and the prohibitions applying to, members of
7-66 the Texas National Guard Armory Board do not affect the entitlement
7-67 of a member of the board serving immediately before the effective
7-68 date of this Act to continue to carry out the functions of the
7-69 board for the remainder of the member's term. The changes in law
8-1 apply only to a member appointed on or after September 1, 1997.
8-2 This Act does not prohibit a person who is a member of the board on
8-3 September 1, 1997, from being reappointed to the board if the
8-4 person has the qualifications required for a member under Chapter
8-5 435, Government Code, as amended by this Act.
8-6 SECTION 4. The importance of this legislation and the
8-7 crowded condition of the calendars in both houses create an
8-8 emergency and an imperative public necessity that the
8-9 constitutional rule requiring bills to be read on three several
8-10 days in each house be suspended, and this rule is hereby suspended.
8-11 * * * * *