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A BILL TO BE ENTITLED
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AN ACT
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relating to the organization of the adjutant general's department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 431.026, Government Code, is amended to |
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read as follows: |
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Sec. 431.026. DEPUTY AND ASSISTANT ADJUTANTS GENERAL. |
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(a) On recommendation of the adjutant general, the governor shall |
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appoint a deputy [an assistant] adjutant general for army[, a
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deputy assistant adjutant general for army,] and a deputy [an
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assistant] adjutant general for air. To be qualified for |
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appointment a person must have the qualifications required for |
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appointment as adjutant general under Section 431.022(b). |
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(a-1) The adjutant general shall appoint three assistant |
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adjutants general for army and one assistant adjutant general for |
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air. The assistant adjutants general shall be paid with federal |
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money. The assistant adjutant general positions must be filled by |
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regular part-time Texas National Guard members. The adjutant |
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general may appoint an additional assistant adjutant general for |
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army for every 5,000-person increase in Texas Army National Guard |
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personnel from the number of personnel as of September 1, 2009, and |
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an additional assistant adjutant general for air for every |
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2,000-person increase in Texas Air National Guard personnel from |
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the number of personnel as of September 1, 2009. |
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(b) Before taking office an appointee shall take and |
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subscribe to the oath of office prescribed for officers of the Texas |
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National Guard. This oath shall be filed in the adjutant general's |
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office. |
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(c) A [An assistant or] deputy or assistant adjutant general |
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has the rank prescribed by the governor, not to exceed the grade |
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authorized for federal recognition in the position, and is entitled |
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to the rights, privileges, and immunities granted officers of that |
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rank in the Texas National Guard. The [assistant or] deputy or |
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assistant adjutant general may be removed from office by the |
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governor. |
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(d) A [An assistant or] deputy or assistant adjutant |
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general shall aid the adjutant general by performing assigned |
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duties. If the adjutant general is dead, absent, or unable to act, |
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the deputy [assistant] adjutant general who is senior in rank shall |
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perform the duties of the adjutant general. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |