81R5157 MCK-D
 
  By: Flynn H.B. No. 1763
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the organization of the adjutant general's department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 431.026, Government Code, is amended to
  read as follows:
         Sec. 431.026.  DEPUTY AND ASSISTANT ADJUTANTS GENERAL.  
  (a)  On recommendation of the adjutant general, the governor shall
  appoint a deputy [an assistant] adjutant general for army[, a
  deputy assistant adjutant general for army,] and a deputy [an
  assistant] adjutant general for air. To be qualified for
  appointment a person must have the qualifications required for
  appointment as adjutant general under Section 431.022(b).
         (a-1)  The adjutant general shall appoint three assistant
  adjutants general for army and one assistant adjutant general for
  air. The assistant adjutants general shall be paid with federal
  money. The assistant adjutant general positions must be filled by
  regular part-time Texas National Guard members. The adjutant
  general may appoint an additional assistant adjutant general for
  army for every 5,000-person increase in Texas Army National Guard
  personnel from the number of personnel as of September 1, 2009, and
  an additional assistant adjutant general for air for every
  2,000-person increase in Texas Air National Guard personnel from
  the number of personnel as of September 1, 2009.
         (b)  Before taking office an appointee shall take and
  subscribe to the oath of office prescribed for officers of the Texas
  National Guard. This oath shall be filed in the adjutant general's
  office.
         (c)  A [An assistant or] deputy or assistant adjutant general
  has the rank prescribed by the governor, not to exceed the grade
  authorized for federal recognition in the position, and is entitled
  to the rights, privileges, and immunities granted officers of that
  rank in the Texas National Guard. The [assistant or] deputy or
  assistant adjutant general may be removed from office by the
  governor.
         (d)  A [An assistant or] deputy or assistant adjutant
  general shall aid the adjutant general by performing assigned
  duties. If the adjutant general is dead, absent, or unable to act,
  the deputy [assistant] adjutant general who is senior in rank shall
  perform the duties of the adjutant general.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.