By: Armbrister S.B. No. 353
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the adjutant
1-2 general's department.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 431.022, Government Code, is amended by
1-5 adding Subsection (c) to read as follows:
1-6 (c) The appointment of the adjutant general shall be made
1-7 without regard to the race, color, sex, religion, or national
1-8 origin of the appointee.
1-9 SECTION 2. Subchapter B, Chapter 431, Government Code, is
1-10 amended by adding Section 431.0225 to read as follows:
1-11 Sec. 431.0225. CONFLICT OF INTEREST PROVISIONS. (a) A
1-12 person may not be appointed adjutant general or act as the judge
1-13 advocate general to the adjutant general or the department if the
1-14 person is required to register as a lobbyist under Chapter 305
1-15 because of the person's activities for compensation on behalf of a
1-16 profession related to the operation of the department.
1-17 (b) An officer, employee, or paid consultant of a Texas
1-18 trade association in the field of defense or veterans affairs may
1-19 not be appointed adjutant general or be an employee of the
1-20 department who is exempt from the state's position classification
1-21 plan or is compensated at or above the amount prescribed by the
1-22 General Appropriations Act for step 1, salary group 17, of the
1-23 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.
3-1 (b) A training program established under this section shall
3-2 provide information to the adjutant general regarding:
3-3 (1) the enabling legislation that created the
3-4 department;
3-5 (2) the federal and state programs operated by the
3-6 department;
3-7 (3) the federal and state roles and functions of the
3-8 department;
3-9 (4) the rules of the department with an emphasis on
3-10 the rules that relate to disciplinary and investigatory authority;
3-11 (5) the current budget for the department with
3-12 emphasis on state and federal funds;
3-13 (6) the results of the most recent formal federal and
3-14 state audits of the department;
3-15 (7) the requirements of:
3-16 (A) the open records law, Chapter 552; and
3-17 (B) the Freedom of Information Act (5 U.S.C.
3-18 Section 552);
3-19 (8) the requirements of the conflict of interest laws
3-20 and other laws relating to public officials;
3-21 (9) any applicable ethics policies adopted by the
3-22 department or the Texas Ethics Commission; and
3-23 (10) the requirements and development of the Master
3-24 Cooperative Agreement between the state and federal governments.
3-25 SECTION 5. Subchapter B, Chapter 431, Government Code, is
4-1 amended by adding Section 431.0255 to read as follows:
4-2 Sec. 431.0255. REMOVAL PROVISIONS. (a) It is a ground for
4-3 removal if the adjutant general:
4-4 (1) does not have at the time of appointment the
4-5 qualifications required by Section 431.022;
4-6 (2) does not maintain during service as adjutant
4-7 general the qualifications required by Section 431.022;
4-8 (3) violates a prohibition established by Section
4-9 431.0225; or
4-10 (4) cannot because of illness or disability discharge
4-11 the adjutant general's duties for a substantial part of the term
4-12 for which the adjutant general is appointed.
4-13 (b) The validity of an action of the adjutant general is not
4-14 affected by the fact that it is taken when a ground for removal
4-15 exists.
4-16 (c) If a potential ground for removal exists, the assistant
4-17 adjutant general with the longest tenure in that position in the
4-18 department shall notify the governor and the attorney general that
4-19 a potential ground for removal exists.
4-20 SECTION 6. Section 431.028, Government Code, is amended to
4-21 read as follows:
4-22 Sec. 431.028. PERSONNEL [EMPLOYEES]. (a) The adjutant
4-23 general may employ clerks, employees, and laborers as necessary to
4-24 carry on the operations of the department.
4-25 (b) The adjutant general or the adjutant general's designee
5-1 shall provide to department employees, as often as necessary,
5-2 information regarding their qualification for office or employment
5-3 under this chapter and their responsibilities under applicable laws
5-4 relating to standards of conduct for state officers or employees.
5-5 (c) The adjutant general or the adjutant general's designee
5-6 shall develop an intra-agency career ladder program that addresses
5-7 opportunities for mobility and advancement for employees within the
5-8 department. The program shall require intra-agency posting of all
5-9 positions concurrently with any public posting.
5-10 (d) The adjutant general or the adjutant general's designee
5-11 shall develop a system of annual performance evaluations that are
5-12 based on documented employee performance. All merit pay for
5-13 department employees must be based on the system established under
5-14 this subsection.
5-15 (e) The adjutant general or the adjutant general's designee
5-16 shall prepare and maintain a written policy statement to assure
5-17 implementation of a program of equal employment opportunity under
5-18 which all personnel transactions are made without regard to race,
5-19 color, disability, sex, religion, age, or national origin. The
5-20 policy statement must include:
5-21 (1) personnel policies, including policies relating to
5-22 recruitment, evaluation, selection, appointment, training, and
5-23 promotion of personnel that are in compliance with the requirements
5-24 of Chapter 21, Labor Code;
5-25 (2) a comprehensive analysis of the department's
6-1 workforce that meets federal and state guidelines;
6-2 (3) procedures by which a determination can be made
6-3 about the extent of underuse in the department's workforce of all
6-4 persons for whom federal or state guidelines encourage a more
6-5 equitable balance; and
6-6 (4) reasonable methods to appropriately address those
6-7 areas of underuse.
6-8 (f) A policy statement prepared under Subsection (e) must
6-9 cover an annual period, be updated annually and reviewed by the
6-10 Commission on Human Rights for compliance with Subsection (e)(1),
6-11 and be filed with the governor's office.
6-12 (g) The governor's office shall deliver a biennial report to
6-13 the legislature based on the information received under Subsection
6-14 (f). The report may be made separately or as a part of other
6-15 biennial reports made to the legislature.
6-16 SECTION 7. Section 431.034, Government Code, is amended to
6-17 read as follows:
6-18 Sec. 431.034. REPORT. The adjutant general annually shall
6-19 report to the governor. The report shall be delivered to the
6-20 legislature. The report must include:
6-21 (1) a complete and detailed written statement
6-22 accounting for all funds [of money that the adjutant general has]
6-23 received and [the money that the adjutant general has] disbursed by
6-24 the department during the preceding fiscal year that meets the
6-25 reporting requirements applicable to financial reporting provided
7-1 in the General Appropriations Act [since the most recent annual
7-2 report];
7-3 (2) an account, to the extent of the adjutant
7-4 general's knowledge, of all arms, ammunition, and other military
7-5 property owned by or in possession of the state, the source from
7-6 which it was received, to whom it is issued, and its present
7-7 condition;
7-8 (3) a statement of the number, condition, and
7-9 organization of the Texas National Guard and reserve militia; and
7-10 (4) suggestions that the adjutant general considers
7-11 important to the military interests and conditions of the state and
7-12 the perfection of its military organization.
7-13 SECTION 8. Subsection (a), Section 431.035, Government Code,
7-14 is amended to read as follows:
7-15 (a) Except as provided by Subsection (c), all money [funds]
7-16 paid to the department under this chapter [subchapter], other than
7-17 money held in military unit funds authorized by adjutant general
7-18 rule, is subject to Subchapter F, Chapter 404 [shall be deposited
7-19 in the state treasury to the credit of the general revenue fund].
7-20 SECTION 9. Subchapter B, Chapter 431, Government Code, is
7-21 amended by adding Section 431.037 to read as follows:
7-22 Sec. 431.037. INFORMATION OF INTEREST; COMPLAINTS. (a) The
7-23 department shall prepare information of public interest describing
7-24 the functions of the department and the procedures by which
7-25 complaints are filed with and resolved by the department. The
8-1 department shall make the information available to the public and
8-2 appropriate state agencies.
8-3 (b) The adjutant general by policy shall establish methods
8-4 by which the public and members of the Texas National Guard are
8-5 notified of the name, mailing address, and telephone number of the
8-6 department for the purpose of directing complaints to the
8-7 department. The department may provide for that notification on a
8-8 sign prominently displayed at each Texas National Guard armory.
8-9 (c) The department shall keep information about each
8-10 complaint filed with the department. The information shall
8-11 include:
8-12 (1) the date the complaint is received;
8-13 (2) the name of the complainant;
8-14 (3) the subject matter of the complaint;
8-15 (4) a record of all persons contacted in relation to
8-16 the complaint;
8-17 (5) a summary of the results of the review or
8-18 investigation of the complaint; and
8-19 (6) for complaints for which the agency took no
8-20 action, an explanation of the reason the complaint was closed
8-21 without action.
8-22 (d) The department shall keep a file about each written
8-23 complaint filed with the department that the department has
8-24 authority to resolve. The department shall provide to the person
8-25 filing the complaint and the persons or entities complained about
9-1 the department policies and procedures pertaining to complaint
9-2 investigation and resolution. The department, at least quarterly
9-3 and until final disposition of the complaint, shall notify the
9-4 person filing the complaint and the persons or entities complained
9-5 about of the status of the complaint unless the notice would
9-6 jeopardize an undercover investigation.
9-7 SECTION 10. Subchapter B, Chapter 431, Government Code, is
9-8 amended by adding Section 431.038 to read as follows:
9-9 Sec. 431.038. PROGRAM AND FACILITY ACCESSIBILITY. The
9-10 department shall comply with federal and state laws related to
9-11 program and facility accessibility. The department shall also
9-12 prepare and maintain a written plan that describes how a person who
9-13 does not speak English can be provided reasonable access to the
9-14 department's programs and services.
9-15 SECTION 11. (a) This Act takes effect September 1, 1997.
9-16 (b) Section 431.0225, Government Code, as added by this Act,
9-17 applies only to a person who is appointed or reappointed to the
9-18 office of adjutant general on or after the effective date of this
9-19 Act.
9-20 SECTION 12. The importance of this legislation and the
9-21 crowded condition of the calendars in both houses create an
9-22 emergency and an imperative public necessity that the
9-23 constitutional rule requiring bills to be read on three several
9-24 days in each house be suspended, and this rule is hereby suspended.