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. Subsection (c), Section 431.026, Government Code,
4-21 is amended to read as follows:
4-22 (c) An assistant or deputy assistant adjutant general has
4-23 the rank prescribed by the governor, not to exceed the grade
4-24 authorized for federal recognition in the position, [of brigadier
4-25 general] and is entitled to the rights, privileges, and immunities
5-1 granted officers of that rank in the Texas National Guard. The
5-2 assistant or deputy assistant adjutant general may be removed from
5-3 office by the governor.
5-4 SECTION 7. Section 431.028, Government Code, is amended to
5-5 read as follows:
5-6 Sec. 431.028. PERSONNEL [EMPLOYEES]. (a) The adjutant
5-7 general may employ clerks, employees, and laborers as necessary to
5-8 carry on the operations of the department.
5-9 (b) The adjutant general or the adjutant general's designee
5-10 shall provide to department employees, as often as necessary,
5-11 information regarding their qualification for office or employment
5-12 under this chapter and their responsibilities under applicable laws
5-13 relating to standards of conduct for state officers or employees.
5-14 (c) The adjutant general or the adjutant general's designee
5-15 shall develop an intra-agency career ladder program that addresses
5-16 opportunities for mobility and advancement for employees within the
5-17 department. The program shall require intra-agency posting of all
5-18 positions concurrently with any public posting.
5-19 (d) The adjutant general or the adjutant general's designee
5-20 shall develop a system of annual performance evaluations that are
5-21 based on documented employee performance. All merit pay for
5-22 department employees must be based on the system established under
5-23 this subsection.
5-24 (e) The adjutant general or the adjutant general's designee
5-25 shall prepare and maintain a written policy statement to assure
6-1 implementation of a program of equal employment opportunity under
6-2 which all personnel transactions are made without regard to race,
6-3 color, disability, sex, religion, age, or national origin. The
6-4 policy statement must include:
6-5 (1) personnel policies, including policies relating to
6-6 recruitment, evaluation, selection, appointment, training, and
6-7 promotion of personnel that are in compliance with the requirements
6-8 of Chapter 21, Labor Code;
6-9 (2) a comprehensive analysis of the department's
6-10 workforce that meets federal and state laws, rules, and regulations
6-11 and instructions directly promulgated from those laws, rules, and
6-12 regulations;
6-13 (3) procedures by which a determination can be made
6-14 about the extent of underuse in the department's workforce of all
6-15 persons for whom federal or state laws, rules, and regulations and
6-16 instructions directly promulgated from those laws, rules, and
6-17 regulations encourage a more equitable balance; and
6-18 (4) reasonable methods to appropriately address those
6-19 areas of underuse.
6-20 (f) A policy statement prepared under Subsection (e) must
6-21 cover an annual period, be updated annually and reviewed by the
6-22 Commission on Human Rights for compliance with Subsection (e)(1),
6-23 and be filed with the governor's office.
6-24 (g) The governor's office shall deliver a biennial report to
6-25 the legislature based on the information received under Subsection
7-1 (f). The report may be made separately or as a part of other
7-2 biennial reports made to the legislature.
7-3 SECTION 8. Section 431.030, Government Code, is amended by
7-4 adding Subsections (e) and (f) to read as follows:
7-5 (e) If the adjutant general receives notice from the asset
7-6 management division of the General Land Office as provided by
7-7 Section 31.156, Natural Resources Code, the adjutant general shall
7-8 produce a report evaluating the military use of any real property
7-9 under the management and control of the department or the Texas
7-10 National Guard Armory Board. The adjutant general shall evaluate
7-11 the use of the property as required by this subsection according to
7-12 military criteria for use of real property.
7-13 (f) Not later than August 1 of the year in which the
7-14 Commissioner of the General Land Office submits a report as
7-15 provided by Section 31.157, Natural Resources Code, the adjutant
7-16 general shall submit a preliminary report of the report required
7-17 under Subsection (e) to the Commissioner of the General Land Office
7-18 identifying the real property used for military purposes. Not
7-19 later than September 1 of the year in which the Commissioner of the
7-20 General Land Office submits a report as provided by Section 31.157,
7-21 Natural Resources Code, the adjutant general shall submit the
7-22 report as required by Subsection (e) to:
7-23 (1) the governor;
7-24 (2) the presiding officer of each house of the
7-25 legislature;
8-1 (3) the Legislative Budget Board; and
8-2 (4) the governor's budget office.
8-3 SECTION 9. Section 431.034, Government Code, is amended to
8-4 read as follows:
8-5 Sec. 431.034. REPORT. The adjutant general annually shall
8-6 report to the governor. The report shall be delivered to the
8-7 legislature. The report must include:
8-8 (1) a complete and detailed written statement
8-9 accounting for all funds [of money that the adjutant general has]
8-10 received and [the money that the adjutant general has] disbursed by
8-11 the department during the preceding fiscal year that meets the
8-12 reporting requirements applicable to financial reporting provided
8-13 in the General Appropriations Act [since the most recent annual
8-14 report];
8-15 (2) an account, to the extent of the adjutant
8-16 general's knowledge, of all arms, ammunition, and other military
8-17 property owned by or in possession of the state, the source from
8-18 which it was received, to whom it is issued, and its present
8-19 condition;
8-20 (3) a statement of the number, condition, and
8-21 organization of the Texas National Guard and reserve militia; and
8-22 (4) suggestions that the adjutant general considers
8-23 important to the military interests and conditions of the state and
8-24 the perfection of its military organization.
8-25 SECTION 10. Subsection (a), Section 431.035, Government
9-1 Code, is amended to read as follows:
9-2 (a) Except as provided by Subsection (c), all money [funds]
9-3 paid to the department under this chapter [subchapter], other than
9-4 money held in military unit funds authorized by adjutant general
9-5 rule, is subject to Subchapter F, Chapter 404 [shall be deposited
9-6 in the state treasury to the credit of the general revenue fund].
9-7 SECTION 11. Subchapter B, Chapter 431, Government Code, is
9-8 amended by adding Section 431.037 to read as follows:
9-9 Sec. 431.037. INFORMATION OF INTEREST; COMPLAINTS. (a) The
9-10 department shall prepare information of public interest describing
9-11 the functions of the department and the procedures by which
9-12 complaints are filed with and resolved by the department. The
9-13 department shall make the information available to the public and
9-14 appropriate state agencies.
9-15 (b) The adjutant general by policy shall establish methods
9-16 by which the public and members of the Texas National Guard are
9-17 notified of the name, mailing address, and telephone number of the
9-18 department for the purpose of directing complaints to the
9-19 department. The department may provide for that notification on a
9-20 sign prominently displayed at each Texas National Guard armory.
9-21 (c) The department shall keep information about each
9-22 complaint filed with the department. The information shall
9-23 include:
9-24 (1) the date the complaint is received;
9-25 (2) the name of the complainant;
10-1 (3) the subject matter of the complaint;
10-2 (4) a record of all persons contacted in relation to
10-3 the complaint;
10-4 (5) a summary of the results of the review or
10-5 investigation of the complaint; and
10-6 (6) for complaints for which the department took no
10-7 action, an explanation of the reason the complaint was closed
10-8 without action.
10-9 (d) The department shall keep a file about each written
10-10 complaint filed with the department that the department has
10-11 authority to resolve. The department shall provide to the person
10-12 filing the complaint and the persons or entities complained about
10-13 the department policies and procedures pertaining to complaint
10-14 investigation and resolution. The department, at least quarterly
10-15 and until final disposition of the complaint, shall notify the
10-16 person filing the complaint and the persons or entities complained
10-17 about of the status of the complaint unless the notice would
10-18 jeopardize an undercover investigation.
10-19 SECTION 12. Subchapter B, Chapter 431, Government Code, is
10-20 amended by adding Section 431.038 to read as follows:
10-21 Sec. 431.038. PROGRAM AND FACILITY ACCESSIBILITY. The
10-22 department shall comply with federal and state laws related to
10-23 program and facility accessibility. The department shall also
10-24 prepare and maintain a written plan that describes how a person who
10-25 does not speak English can be provided reasonable access to the
11-1 department's programs and services.
11-2 SECTION 13. Section 431.042, Government Code, is amended to
11-3 read as follows:
11-4 Sec. 431.042. OFFICERS. [(a)] An officer of the Texas
11-5 National Guard is appointed and commissioned by the governor. To
11-6 be qualified for appointment a person must be [a United States and
11-7 Texas citizen and must be] qualified under United States law and
11-8 regulations. The officer shall take and subscribe the official
11-9 oath.
11-10 [(b) An officer is entitled to hold the position until the
11-11 officer reaches 64 years of age, unless earlier discharged or
11-12 retired because of:]
11-13 [(1) resignation;]
11-14 [(2) administrative regulation;]
11-15 [(3) individual application;]
11-16 [(4) disability; or]
11-17 [(5) cause determined by a court-martial or efficiency
11-18 board legally convened for that purpose.]
11-19 SECTION 14. Subsection (g), Section 432.109, Government
11-20 Code, is amended to read as follows:
11-21 (g) An accused[, not later than the 60th day after the date
11-22 he receives actual notice of the final action on his case,] may
11-23 petition the Texas Court of Military Appeals for review of a
11-24 court-martial conviction[. The court shall act on the petition]
11-25 not later than the 60th day after the date the accused or the
12-1 accused's counsel is notified of the final action on the accused's
12-2 case, whichever date is earlier [the petition is received]. If the
12-3 court fails or refuses to grant the petition for review, the final
12-4 action of the convening authority is considered approved. If the
12-5 court grants a petition for review [Notwithstanding any other
12-6 provision of this chapter, on the court granting a hearing of an
12-7 appeal], the court may grant a stay or defer service of the
12-8 sentence of confinement or any other punishment under this chapter
12-9 until the court's final decision on the case.
12-10 SECTION 15. Section 31.156, Natural Resources Code, is
12-11 amended by adding Subsection (d) to read as follows:
12-12 (d) In any year that the division will evaluate property
12-13 under the management and control of the adjutant general's
12-14 department or the Texas National Guard Armory Board, the division
12-15 shall notify the adjutant general's department before the division
12-16 begins the evaluation.
12-17 SECTION 16. Section 31.157, Natural Resources Code, is
12-18 amended by amending Subsection (d) and adding Subsection (e) to
12-19 read as follows:
12-20 (d) If under the adjutant general's report submitted as
12-21 provided by Section 431.030, Government Code, the adjutant general
12-22 determines that real property under the management and control of
12-23 the adjutant general's department or the Texas National Guard
12-24 Armory Board is used for military purposes, the commissioner may
12-25 not recommend a real estate transaction involving that real
13-1 property in the final report submitted as provided by Subsection
13-2 (e).
13-3 (e) The final report shall be submitted to the governor, the
13-4 presiding officers of both houses of the legislature, the
13-5 Legislative Budget Board, and the governor's budget office not
13-6 later than September 1 of each year. If the report contains an
13-7 evaluation of a sale of property, it must also contain an
13-8 evaluation of the lease potential of the property.
13-9 SECTION 17. (a) This Act takes effect September 1, 1997.
13-10 (b) Section 431.0225, Government Code, as added by this Act,
13-11 applies only to a person who is appointed or reappointed to the
13-12 office of adjutant general on or after the effective date of this
13-13 Act.
13-14 SECTION 18. The importance of this legislation and the
13-15 crowded condition of the calendars in both houses create an
13-16 emergency and an imperative public necessity that the
13-17 constitutional rule requiring bills to be read on three several
13-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 353 passed the Senate on
April 7, 1997, by a viva-voce vote; and that the Senate concurred
in House amendments on May 29, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 353 passed the House, with
amendments, on May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor