1-1                                   AN ACT
 1-2     relating to the rank of and qualifications for appointment as the
 1-3     adjutant general.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 431.022, Government Code, is amended by
 1-6     amending Subsection (a) to read as follows:
 1-7           (a)  The adjutant general is the head of the adjutant
 1-8     general's department and controls the military department of the
 1-9     state.  The adjutant general is subordinate only to the governor in
1-10     matters pertaining to the military department of the state and the
1-11     state military forces.  The adjutant general has the rank not to
1-12     exceed lieutenant [of major] general at the discretion of the
1-13     governor.  Federal recognition is at the rank authorized by the
1-14     National Guard Bureau, not to exceed lieutenant general.
1-15           SECTION 2.  Subchapter B, Chapter 431, Government Code, is
1-16     amended by adding Section 431.0221 to read as follows:
1-17           Sec. 431.0221.  ADDITIONAL REQUIREMENTS FOR ADJUTANT GENERAL.
1-18     (a)  Notwithstanding Section 431.022(b)(3), until September 1,
1-19     2005, the adjutant general must have completed at least:
1-20                 (1)  five years' service as a federally recognized
1-21     commissioned officer with an active unit of the Texas National
1-22     Guard; and
1-23                 (2)  10 years' service as a federally recognized
1-24     commissioned officer with an active unit of the National Guard of
1-25     the United States.
 2-1           (b)  This section expires September 1, 2005.
 2-2           SECTION 3.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1165 passed the Senate on
         March 21, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 25, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1165 passed the House, with
         amendment, on May 8, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor