77R12993 MCK-D                          
         By Truan                                              S.B. No. 1165
         Substitute the following for S.B. No. 1165:
         By Berman                                         C.S.S.B. No. 1165
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the qualifications for appointment as the adjutant
 1-3     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 Subsections (a) and (b) 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           (b)  The adjutant general is appointed by the governor, with
1-16     the advice and consent of the senate if in session, to a term
1-17     expiring February 1 of each odd-numbered year.  To be qualified for
1-18     appointment as adjutant general a person must:
1-19                 (1)  when appointed be serving as a federally
1-20     recognized officer of not less than field grade in the Texas
1-21     National Guard;
1-22                 (2)  have previously served on active duty or active
1-23     duty for training with the army or air force; and
1-24                 (3)  have completed at least five [10] years' service
 2-1     as a federally recognized commissioned officer with an active unit
 2-2     of the Texas National Guard.
 2-3           SECTION 2. This Act takes effect September 1, 2001.