HBA-TYH, DMD H.J.R. 95 76(R)BILL ANALYSIS Office of House Bill AnalysisH.J.R. 95 By: Gray State Affairs 777/21/1999 Enrolled BACKGROUND AND PURPOSE Subject to the conditions of the resolution, an adjutant general is appointed every two years by the governor. Since the governor serves a four-year term, it is often necessary for the governor to reappoint the adjutant general halfway through the governor's term and the adjutant general must to go through senate confirmation again. As proposed, H.J.R. 95 requires the submission to the voters of a constitutional amendment to provide a four-year term for the adjutant general and to provide that the term runs concurrently with the term of the governor, expiring on the date that the governor who appointed the adjutant general ceases to hold office as governor. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 30, Article XVI, Texas Constitution, by adding Subsection (e), as follows: (e) Provides that if the legislature establishes an office, known as the office of the adjutant general or known by another title, that is filled by appointment by the governor and that is the single governing office, subordinate only to the governor, of the state military forces, the person holding that office serves at the pleasure of the governor notwithstanding this section or any time limit prescribed by other law. SECTION 2. Amends the Texas Constitution by adding a temporary provision, as follows: TEMPORARY PROVISION. (a) Provides that this temporary provision applies to the constitutional amendment proposed by the 76th Legislature, Regular Session, 1999, that provides that the adjutant general serves at the pleasure of the governor. (b) Provides that the term of the person who holds office as the adjutant general on the effective date of that constitutional amendment is subject to that amendment. (c) Provides that this temporary provision expires February 1, 2001. SECTION 3. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth the required language for the ballot.