BILL ANALYSIS

 

 

Senate Research Center	H.B. 1725
86R1112 YDB-D	By: Huberty (Creighton)
	Veteran Affairs & Border Security
	5/7/2019
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

There have been calls to clarify and update statutory language with regard to the status of Texas State Guard members when they retire from service. H.B. 1725 seeks to address these calls by revising the authorization for the governor or the adjutant general to transfer certain eligible Texas State Guard officers and enlisted service members to the Texas State Guard Honorary Reserve to authorize those officers and services members instead to be placed on retired status.

 

H.B. 1725 amends current law relating to retired members of the Texas State Guard.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 437.309, Government Code, as follows:

 

Sec. 437.309. New heading: TEXAS STATE GUARD RETIRED STATUS. (a) Authorizes the governor, or adjutant general under the governor's authority and direction, to place on retired status an officer or enlisted service member of the Texas State Guard (TSG) who on separation from TSG:

 

(1) is physically disabled as a result of service; or

 

(2) has served the federal or state military satisfactorily for at least 20 years, with at least five years of service in TSG, rather than authorizing the governor or adjutant general under the governor's authority and direction, to transfer to TSG Honorary Reserve an officer or enlisted service member of TSG who is physically disabled, is at least 60 years of age, or has served the federal or state military satisfactorily for at least 20 years.

 

(b) Authorizes the governor, or adjutant general under the governor's authority and direction, to advance the service member one grade or rank at the time of the transfer to retired status. Deletes existing text authorizing the governor to advance the service member one grade or rank at the time of the transfer into the honorary reserve, and authorizing the adjunct general, for a service member who is not a general officer, to advance the service member one grade or rank at the time of the transfer into the honorary reserve.

 

SECTION 2. Amends Section 437.308(a), Government Code, to require the commander of TSG to maintain and preserve the individual and unit records of TSG and the officers or service members placed on retired status, rather than to maintain and preserve the individual and unit records of TSG and TSG Honorary Reserve.

 

SECTION 3. Effective date: September 1, 2019.