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