1-1 By: Armbrister S.B. No. 353
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. 353 to read as follows:
1-9 (1) On page 2, line 50, add a new SECTION 6 to read as
1-10 follows:
1-11 "SECTION 6. Section 431.027, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 431.027. SALARIES. The adjutant general and each
1-14 assistant adjutant general are entitled to salaries commensurate
1-15 with the pay grade of an officer of equivalent rank under 37 U.S.C.
1-16 Section 201(a) [in the amounts designated in a line item in the
1-17 General Appropriations Act]."
1-18 (2) Renumber SECTIONS accordingly.
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the continuation and functions of the adjutant
1-22 general's department.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 431.022, Government Code, is amended by
1-25 adding Subsection (c) to read as follows:
1-26 (c) The appointment of the adjutant general shall be made
1-27 without regard to the race, color, sex, religion, or national
1-28 origin of the appointee.
1-29 SECTION 2. Subchapter B, Chapter 431, Government Code, is
1-30 amended by adding Section 431.0225 to read as follows:
1-31 Sec. 431.0225. CONFLICT OF INTEREST PROVISIONS. (a) A
1-32 person may not be appointed adjutant general or act as the judge
1-33 advocate general to the adjutant general or the department if the
1-34 person is required to register as a lobbyist under Chapter 305
1-35 because of the person's activities for compensation on behalf of a
1-36 profession related to the operation of the department.
1-37 (b) An officer, employee, or paid consultant of a Texas
1-38 trade association in the field of defense or veterans affairs may
1-39 not be appointed adjutant general or be an employee of the
1-40 department who is exempt from the state's position classification
1-41 plan or is compensated at or above the amount prescribed by the
1-42 General Appropriations Act for step 1, salary group 17, of the
1-43 position classification salary schedule.
1-44 (c) A person who is the spouse of an officer, manager, or
1-45 paid consultant of a Texas trade association in the field of
1-46 defense or veterans affairs may not be appointed adjutant general
1-47 and may not be an employee of the department who is exempt from the
1-48 state's position classification plan or is compensated at or above
1-49 the amount prescribed by the General Appropriations Act for step 1,
1-50 salary group 17, of the position classification salary schedule.
1-51 (d) For the purposes of this section, a Texas trade
1-52 association is a nonprofit, cooperative, and voluntarily joined
1-53 association in this state designed to assist its members and its
1-54 industry or profession in dealing with mutual business or
1-55 professional problems and in promoting their common interest.
1-56 SECTION 3. Section 431.023, Government Code, is amended to
1-57 read as follows:
1-58 Sec. 431.023. SUNSET PROVISION. The adjutant general's
1-59 department is subject to Chapter 325 (Texas Sunset Act). Unless
1-60 continued in existence as provided by that chapter, the department
1-61 is abolished and this subchapter expires September 1, 2009 [1997].
1-62 SECTION 4. Subchapter B, Chapter 431, Government Code, is
1-63 amended by adding Section 431.0245 to read as follows:
1-64 Sec. 431.0245. MANDATORY TRAINING FOR ADJUTANT GENERAL.
2-1 (a) Before the adjutant general may assume the duties of the
2-2 office and before the adjutant general may be confirmed by the
2-3 senate, the adjutant general must complete at least one course of
2-4 the training program established under this section.
2-5 (b) A training program established under this section shall
2-6 provide information to the adjutant general regarding:
2-7 (1) the enabling legislation that created the
2-8 department;
2-9 (2) the federal and state programs operated by the
2-10 department;
2-11 (3) the federal and state roles and functions of the
2-12 department;
2-13 (4) the rules of the department with an emphasis on
2-14 the rules that relate to disciplinary and investigatory authority;
2-15 (5) the current budget for the department with
2-16 emphasis on state and federal funds;
2-17 (6) the results of the most recent formal federal and
2-18 state audits of the department;
2-19 (7) the requirements of:
2-20 (A) the open records law, Chapter 552; and
2-21 (B) the Freedom of Information Act (5 U.S.C.
2-22 Section 552);
2-23 (8) the requirements of the conflict of interest laws
2-24 and other laws relating to public officials;
2-25 (9) any applicable ethics policies adopted by the
2-26 department or the Texas Ethics Commission; and
2-27 (10) the requirements and development of the Master
2-28 Cooperative Agreement between the state and federal governments.
2-29 SECTION 5. Subchapter B, Chapter 431, Government Code, is
2-30 amended by adding Section 431.0255 to read as follows:
2-31 Sec. 431.0255. REMOVAL PROVISIONS. (a) It is a ground for
2-32 removal if the adjutant general:
2-33 (1) does not have at the time of appointment the
2-34 qualifications required by Section 431.022;
2-35 (2) does not maintain during service as adjutant
2-36 general the qualifications required by Section 431.022;
2-37 (3) violates a prohibition established by Section
2-38 431.0225; or
2-39 (4) cannot because of illness or disability discharge
2-40 the adjutant general's duties for a substantial part of the term
2-41 for which the adjutant general is appointed.
2-42 (b) The validity of an action of the adjutant general is not
2-43 affected by the fact that it is taken when a ground for removal
2-44 exists.
2-45 (c) If a potential ground for removal exists, the assistant
2-46 adjutant general with the longest tenure in that position in the
2-47 department shall notify the governor and the attorney general that
2-48 a potential ground for removal exists.
2-49 SECTION 6. Section 431.028, Government Code, is amended to
2-50 read as follows:
2-51 Sec. 431.028. PERSONNEL [EMPLOYEES]. (a) The adjutant
2-52 general may employ clerks, employees, and laborers as necessary to
2-53 carry on the operations of the department.
2-54 (b) The adjutant general or the adjutant general's designee
2-55 shall provide to department employees, as often as necessary,
2-56 information regarding their qualification for office or employment
2-57 under this chapter and their responsibilities under applicable laws
2-58 relating to standards of conduct for state officers or employees.
2-59 (c) The adjutant general or the adjutant general's designee
2-60 shall develop an intra-agency career ladder program that addresses
2-61 opportunities for mobility and advancement for employees within the
2-62 department. The program shall require intra-agency posting of all
2-63 positions concurrently with any public posting.
2-64 (d) The adjutant general or the adjutant general's designee
2-65 shall develop a system of annual performance evaluations that are
2-66 based on documented employee performance. All merit pay for
2-67 department employees must be based on the system established under
2-68 this subsection.
2-69 (e) The adjutant general or the adjutant general's designee
3-1 shall prepare and maintain a written policy statement to assure
3-2 implementation of a program of equal employment opportunity under
3-3 which all personnel transactions are made without regard to race,
3-4 color, disability, sex, religion, age, or national origin. The
3-5 policy statement must include:
3-6 (1) personnel policies, including policies relating to
3-7 recruitment, evaluation, selection, appointment, training, and
3-8 promotion of personnel that are in compliance with the requirements
3-9 of Chapter 21, Labor Code;
3-10 (2) a comprehensive analysis of the department's
3-11 workforce that meets federal and state guidelines;
3-12 (3) procedures by which a determination can be made
3-13 about the extent of underuse in the department's workforce of all
3-14 persons for whom federal or state guidelines encourage a more
3-15 equitable balance; and
3-16 (4) reasonable methods to appropriately address those
3-17 areas of underuse.
3-18 (f) A policy statement prepared under Subsection (e) must
3-19 cover an annual period, be updated annually and reviewed by the
3-20 Commission on Human Rights for compliance with Subsection (e)(1),
3-21 and be filed with the governor's office.
3-22 (g) The governor's office shall deliver a biennial report to
3-23 the legislature based on the information received under Subsection
3-24 (f). The report may be made separately or as a part of other
3-25 biennial reports made to the legislature.
3-26 SECTION 7. Section 431.034, Government Code, is amended to
3-27 read as follows:
3-28 Sec. 431.034. REPORT. The adjutant general annually shall
3-29 report to the governor. The report shall be delivered to the
3-30 legislature. The report must include:
3-31 (1) a complete and detailed written statement
3-32 accounting for all funds [of money that the adjutant general has]
3-33 received and [the money that the adjutant general has] disbursed by
3-34 the department during the preceding fiscal year that meets the
3-35 reporting requirements applicable to financial reporting provided
3-36 in the General Appropriations Act [since the most recent annual
3-37 report];
3-38 (2) an account, to the extent of the adjutant
3-39 general's knowledge, of all arms, ammunition, and other military
3-40 property owned by or in possession of the state, the source from
3-41 which it was received, to whom it is issued, and its present
3-42 condition;
3-43 (3) a statement of the number, condition, and
3-44 organization of the Texas National Guard and reserve militia; and
3-45 (4) suggestions that the adjutant general considers
3-46 important to the military interests and conditions of the state and
3-47 the perfection of its military organization.
3-48 SECTION 8. Subsection (a), Section 431.035, Government Code,
3-49 is amended to read as follows:
3-50 (a) Except as provided by Subsection (c), all money [funds]
3-51 paid to the department under this chapter [subchapter], other than
3-52 money held in military unit funds authorized by adjutant general
3-53 rule, is subject to Subchapter F, Chapter 404 [shall be deposited
3-54 in the state treasury to the credit of the general revenue fund].
3-55 SECTION 9. Subchapter B, Chapter 431, Government Code, is
3-56 amended by adding Section 431.037 to read as follows:
3-57 Sec. 431.037. INFORMATION OF INTEREST; COMPLAINTS. (a) The
3-58 department shall prepare information of public interest describing
3-59 the functions of the department and the procedures by which
3-60 complaints are filed with and resolved by the department. The
3-61 department shall make the information available to the public and
3-62 appropriate state agencies.
3-63 (b) The adjutant general by policy shall establish methods
3-64 by which the public and members of the Texas National Guard are
3-65 notified of the name, mailing address, and telephone number of the
3-66 department for the purpose of directing complaints to the
3-67 department. The department may provide for that notification on a
3-68 sign prominently displayed at each Texas National Guard armory.
3-69 (c) The department shall keep information about each
4-1 complaint filed with the department. The information shall
4-2 include:
4-3 (1) the date the complaint is received;
4-4 (2) the name of the complainant;
4-5 (3) the subject matter of the complaint;
4-6 (4) a record of all persons contacted in relation to
4-7 the complaint;
4-8 (5) a summary of the results of the review or
4-9 investigation of the complaint; and
4-10 (6) for complaints for which the agency took no
4-11 action, an explanation of the reason the complaint was closed
4-12 without action.
4-13 (d) The department shall keep a file about each written
4-14 complaint filed with the department that the department has
4-15 authority to resolve. The department shall provide to the person
4-16 filing the complaint and the persons or entities complained about
4-17 the department policies and procedures pertaining to complaint
4-18 investigation and resolution. The department, at least quarterly
4-19 and until final disposition of the complaint, shall notify the
4-20 person filing the complaint and the persons or entities complained
4-21 about of the status of the complaint unless the notice would
4-22 jeopardize an undercover investigation.
4-23 SECTION 10. Subchapter B, Chapter 431, Government Code, is
4-24 amended by adding Section 431.038 to read as follows:
4-25 Sec. 431.038. PROGRAM AND FACILITY ACCESSIBILITY. The
4-26 department shall comply with federal and state laws related to
4-27 program and facility accessibility. The department shall also
4-28 prepare and maintain a written plan that describes how a person who
4-29 does not speak English can be provided reasonable access to the
4-30 department's programs and services.
4-31 SECTION 11. (a) This Act takes effect September 1, 1997.
4-32 (b) Section 431.0225, Government Code, as added by this Act,
4-33 applies only to a person who is appointed or reappointed to the
4-34 office of adjutant general on or after the effective date of this
4-35 Act.
4-36 SECTION 12. The importance of this legislation and the
4-37 crowded condition of the calendars in both houses create an
4-38 emergency and an imperative public necessity that the
4-39 constitutional rule requiring bills to be read on three several
4-40 days in each house be suspended, and this rule is hereby suspended.
4-41 * * * * *