BILL ANALYSIS

C.S.H.B. 1725

By: Huberty

Defense & Veterans' Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

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. C.S.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.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1725 amends the Government Code to replace the authorization for the governor, or the adjutant general under the governor's authority and direction, to transfer certain eligible officers and enlisted service members of the Texas State Guard to the Texas State Guard Honorary Reserve with an authorization to place those officers and service members on retired status on separation from the Texas State Guard. The bill sets out the following with regard to that placement:

· specifies that the condition of eligibility requiring at least 20 years of federal or state military service consists of at least five years of service in the Texas State Guard;

· specifies that the condition of eligibility relating to physical disability is disability as a result of service; and

· removes as a condition of eligibility that the member is at least 60 years of age.

C.S.H.B. 1725 clarifies the governor's authority to advance the service member one grade or rank at the time of the transfer to retired status and extends that authority to the adjutant general under the governor's authority and direction. The bill clarifies the duty of the commander of the Texas State Guard to maintain and preserve records of the officers or service members placed on retired status.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1725 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a clarification that the placement on retired status is placement on separation from the Texas State Guard.

The substitute includes a specification relating to the member's eligibility for placement on retired status with regard to physical disability that the disability is a result of service and removes as a condition of eligibility that the member is at least 60 years of age.