SRC-AXB S.B. 1066 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1066
76R2028  MXM-FBy: Fraser
Veteran Affairs
4/6/1999
As Filed


DIGEST 

Currently, the Texas Code of Military Justice which disciplines Texas'
military forces while on state duty, is outdated and in need of
clarification.  S.B. 1066 clarifies military court proceedings, and repeals
laws regarding procedures while confronting an enemy. 

PURPOSE

As proposed, S.B. 1066 clarifies the required qualifications for certain
authorities involved in military court proceedings, and repeals several
laws regarding procedures while confronting an enemy. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 432.001(7), Government Code, to redefine "judge
advocate." 

SECTION 2.  Amends Sections 432.005(a) and (b), Government Code, to require
a potential state judge advocate general (general judge) to be a member of
the State Bar of Texas, rather than a member of the bar of a federal court
and the highest court, for at least five years.  Requires the adjutant
general to appoint certain authorization recommendations by, rather than
of, the general judge.  Makes a conforming change.  

SECTION 3.  Amends Section 432.042, Government Code, to authorize any
commander in the grade of lieutenant colonel or higher, to convene a
special court-martial, rather than other authorities. Deletes text
regarding a superior authority convened court-martial. 

SECTION 4.  Amends Section 432.043, Government Code, to authorize any
commander in the grade of lieutenant colonel or higher, to convene a
summary court-martial, rather than other authorities. 

SECTION 5.  Amends Sections 432.044(b) and (c), Government Code, to provide
that a warrant officer or an enlisted member of the state military forces
in a duty status, rather than a state duty status, is eligible to serve on
certain courts-martial.  Makes a conforming change. 

SECTION 6.  Amends Section 432.045(b), Government Code, to require a
military judge to be a member of the State Bar of Texas, rather a member of
other bars. 

SECTION 7.  Amends Section 432.046(b) and (c), Government Code, to require
a counsel for a general court-martial to be a member of the State Bar of
Texas, rather than a member of other bars. Makes conforming changes. 

SECTION 8.  Amends Section 432.108, Government Code, to make nonsubstantive
changes. 

SECTION 9.  Amends Sections 432.109(a) and (f), Government Code, to provide
that a person is eligible for appointment to the court if the person is a
member of the State Bar of Texas, rather than having other qualifications.
Gives the Texas Court of Military Appeals jurisdiction to hear and  review
the record in a summary court-martial case, rather than all other cases. 

SECTION 10.  Amends Section 432.127(b), Government Code, to delete a
specific offense punishable by a court-martial direction. 

SECTION 11.  Amends Sections 432.182(a) and (b), Government Code, to delete
the specification that a person must be on state active duty to administer
an oath for certain purposes.  Authorizes a summary courts-martial officer
to administer an oath for certain purposes.  Makes a conforming change. 

SECTION 12.  Amends Section 432.184(b), Government Code, to clarify
military court proceedings for a member of the state military forces while
not in federal service, rather than on active state duty, as determined by
the adjutant general, rather than by another method.  Deletes the
specification regarding state active judge advocates or legal officers
called to duty by the governor's order. 

SECTION 13.  Repealers:  Sections 432.144-432.150, Government Code
(Misbehavior before Enemy, Subordinate Compelling Surrender, Improper Use
of Countersign, Forcing Safeguard, Captured or Abandoned Property, and
Aiding Enemy). 

SECTION 14.Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 15.Emergency clause.