| 1 | 1 | | 81R5157 MCK-D |
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| 2 | 2 | | By: Flynn H.B. No. 1763 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the organization of the adjutant general's department. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 431.026, Government Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 431.026. DEPUTY AND ASSISTANT ADJUTANTS GENERAL. |
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| 12 | 12 | | (a) On recommendation of the adjutant general, the governor shall |
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| 13 | 13 | | appoint a deputy [an assistant] adjutant general for army[, a |
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| 14 | 14 | | deputy assistant adjutant general for army,] and a deputy [an |
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| 15 | 15 | | assistant] adjutant general for air. To be qualified for |
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| 16 | 16 | | appointment a person must have the qualifications required for |
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| 17 | 17 | | appointment as adjutant general under Section 431.022(b). |
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| 18 | 18 | | (a-1) The adjutant general shall appoint three assistant |
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| 19 | 19 | | adjutants general for army and one assistant adjutant general for |
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| 20 | 20 | | air. The assistant adjutants general shall be paid with federal |
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| 21 | 21 | | money. The assistant adjutant general positions must be filled by |
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| 22 | 22 | | regular part-time Texas National Guard members. The adjutant |
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| 23 | 23 | | general may appoint an additional assistant adjutant general for |
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| 24 | 24 | | army for every 5,000-person increase in Texas Army National Guard |
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| 25 | 25 | | personnel from the number of personnel as of September 1, 2009, and |
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| 26 | 26 | | an additional assistant adjutant general for air for every |
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| 27 | 27 | | 2,000-person increase in Texas Air National Guard personnel from |
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| 28 | 28 | | the number of personnel as of September 1, 2009. |
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| 29 | 29 | | (b) Before taking office an appointee shall take and |
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| 30 | 30 | | subscribe to the oath of office prescribed for officers of the Texas |
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| 31 | 31 | | National Guard. This oath shall be filed in the adjutant general's |
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| 32 | 32 | | office. |
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| 33 | 33 | | (c) A [An assistant or] deputy or assistant adjutant general |
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| 34 | 34 | | has the rank prescribed by the governor, not to exceed the grade |
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| 35 | 35 | | authorized for federal recognition in the position, and is entitled |
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| 36 | 36 | | to the rights, privileges, and immunities granted officers of that |
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| 37 | 37 | | rank in the Texas National Guard. The [assistant or] deputy or |
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| 38 | 38 | | assistant adjutant general may be removed from office by the |
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| 39 | 39 | | governor. |
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| 40 | 40 | | (d) A [An assistant or] deputy or assistant adjutant |
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| 41 | 41 | | general shall aid the adjutant general by performing assigned |
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| 42 | 42 | | duties. If the adjutant general is dead, absent, or unable to act, |
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| 43 | 43 | | the deputy [assistant] adjutant general who is senior in rank shall |
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| 44 | 44 | | perform the duties of the adjutant general. |
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| 45 | 45 | | SECTION 2. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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