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.

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