BILL ANALYSIS

H.B. 836

By: Raymond

Defense & Veterans' Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, members of the Texas State Guard are classified under the term "Honorary Reserve" upon retirement. This term misleadingly suggests that retired members are included in the Texas State Guard reserve forces. Additionally, the Texas State Guard retirement policy is too broad and requires adjustment to encourage retainment. H.B. 836 seeks to address these issues by replacing the term "Honorary Reserve" and revising the requirements to retire from service. 

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

H.B. 836 amends the Government Code to replace the authorization for the governor or adjutant general, under the governor's authority and direction, to transfer certain officers or enlisted service members of the Texas State Guard to the Texas State Guard Honorary Reserve with a requirement to place those officers or service members on retired status upon separation from the Texas State Guard. The bill does the following with respect to that placement:

· extends the authority to fulfill the placement requirement to the commander of the Texas State Guard under the governor's authority and direction;

· removes as a condition of the placement that the officer or service member be at least 60 years of age;

· specifies that the condition of placement based on physical disability is as a result of service; and

· requires that at least five years of the required 20 year service minimum be served in the Texas State Guard.

The bill requires the commander of the Texas State Guard to issue an identification card to an officer or service member placed on retirement status and to maintain and preserve the individual and unit records of those officers or service members.

EFFECTIVE DATE

September 1, 2023.