83R1292 YDB-D
By: Flynn H.B. No. 50
A BILL TO BE ENTITLED
AN ACT
relating to renaming the adjutant general's department as the Texas
Military Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.111(a), Education Code, is amended to
read as follows:
(a) The board shall provide for the administration of high
school equivalency examinations, including administration by the
Texas Military Department [adjutant general's department] for
students described by Subdivision (2)(C). A person who does not
have a high school diploma may take the examination in accordance
with rules adopted by the board if the person is:
(1) over 17 years of age;
(2) 16 years of age or older and:
(A) is enrolled in a Job Corps training program
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
et seq.), and its subsequent amendments;
(B) a public agency providing supervision of the
person or having custody of the person under a court order
recommends that the person take the examination; or
(C) is enrolled in the Texas Military
Department's [adjutant general's department's] Seaborne ChalleNGe
Corps; or
(3) required to take the examination under a justice
or municipal court order issued under Article 45.054(a)(1)(C), Code
of Criminal Procedure.
SECTION 2. Section 411.121(b), Government Code, is amended
to read as follows:
(b) The adjutant general is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person who is:
(1) a member of the state military forces;
(2) an employee of the Texas Military Department
[adjutant general's department];
(3) an applicant for enlistment in the state military
forces; or
(4) an applicant for employment with the Texas
Military Department [adjutant general's department].
SECTION 3. Section 421.021(a), Government Code, is amended
to read as follows:
(a) The Homeland Security Council is composed of the
governor or the governor's designee, the speaker of the house of
representatives or the speaker's designee, the lieutenant governor
or the lieutenant governor's designee, and one representative of
each of the following entities, appointed by the single statewide
elected or appointed governing officer, administrative head, or
chair, as appropriate, of the entity:
(1) Department of Agriculture;
(2) office of the attorney general;
(3) General Land Office;
(4) Public Utility Commission of Texas;
(5) Department of State Health Services;
(6) Department of Information Resources;
(7) Department of Public Safety of the State of Texas;
(8) Texas Division of Emergency Management;
(9) Texas Military Department [adjutant general's
department];
(10) Texas Commission on Environmental Quality;
(11) Railroad Commission of Texas;
(12) Texas Strategic Military Planning Commission;
(13) Texas Department of Transportation;
(14) Commission on State Emergency Communications;
(15) Office of State-Federal Relations;
(16) secretary of state;
(17) Senate Committee on Transportation and Homeland
Security;
(18) House Committee on Defense and Veterans' Affairs;
(19) Texas Animal Health Commission;
(20) Texas Association of Regional Councils;
(21) Texas Commission on Law Enforcement Officer
Standards and Education;
(22) state fire marshal's office;
(23) Texas Education Agency;
(24) Texas Commission on Fire Protection;
(25) Parks and Wildlife Department;
(26) Texas Forest Service; and
(27) Texas Water Development Board.
SECTION 4. The heading to Subchapter B, Chapter 431,
Government Code, is amended to read as follows:
SUBCHAPTER B. TEXAS MILITARY [ADJUTANT GENERAL'S] DEPARTMENT
SECTION 5. Section 431.021(2), Government Code, is amended
to read as follows:
(2) "Department" means the Texas Military Department
[adjutant general's department].
SECTION 6. Subchapter B, Chapter 431, Government Code, is
amended by adding Section 431.0211 to read as follows:
Sec. 431.0211. REFERENCE IN OTHER LAW. A reference in law
to the adjutant general's department means the Texas Military
Department.
SECTION 7. Section 431.022(a), Government Code, is amended
to read as follows:
(a) The adjutant general is the head of the Texas Military
Department [adjutant general's department] and controls the
military department of the state. The adjutant general is
subordinate only to the governor in matters pertaining to the
military department of the state and the state military forces. The
adjutant general has the rank not to exceed lieutenant general at
the discretion of the governor. Federal recognition is at the rank
authorized by the National Guard Bureau, not to exceed lieutenant
general.
SECTION 8. Section 431.023, Government Code, is amended to
read as follows:
Sec. 431.023. SUNSET PROVISION. The Texas Military
Department [adjutant general's department] is subject to Chapter
325 (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the department is abolished and this subchapter
expires September 1, 2019.
SECTION 9. Section 431.0304, Government Code, is amended to
read as follows:
Sec. 431.0304. TRANSFER TO STATE. When property that the
Texas Public Finance Authority owns in accordance with Section
431.0307 is fully paid for and free of liens, and all obligations
incurred in connection with the acquisition and construction of the
property have been fully paid, the Texas Public Finance Authority
may donate and transfer the property to the state by appropriate
instruments of transfer. The instruments of transfer shall be kept
in the custody of the [adjutant general's] department.
SECTION 10. Section 431.040(d), Government Code, is amended
to read as follows:
(d) A post exchange may sell, lease, or rent goods and
services only to:
(1) active, retired, and reserve members of the United
States armed services;
(2) active and retired members of the state military
forces;
(3) full-time employees of the [adjutant general's]
department; and
(4) dependents of an individual described by
Subdivisions (1)-(3).
SECTION 11. Section 432.072(a), Government Code, is amended
to read as follows:
(a) A person not subject to this chapter commits an offense
if the person:
(1) has been duly subpoenaed to appear as a witness or
to produce books and records before a military court or before a
military or civil officer or peace officer designated to take a
deposition to be read in evidence before a court;
(2) has been duly paid or tendered by the Texas
Military Department [adjutant general's department] the fees and
mileage of a witness at the rates allowed to witnesses under Section
432.192; and
(3) wilfully neglects or refuses to appear, qualify as
a witness, testify, or produce evidence that the person may have
been legally subpoenaed to produce.
SECTION 12. Section 432.109(a), Government Code, is amended
to read as follows:
(a) The Texas Court of Military Appeals, located for
administrative purposes only in the Texas Military Department
[adjutant general's department], consists of five judges appointed
by the adjutant general on the advice and recommendation of the
state judge advocate general for staggered six-year terms. A judge
appointed to fill a vacancy occurring before the expiration of the
term for which the judge's predecessor was appointed shall be
appointed only for the unexpired term of his predecessor. The
adjutant general, on the advice and recommendation of the state
judge advocate general, shall appoint the chief judge of the court.
A person is eligible for appointment to the court if the person:
(1) is a member of the State Bar of Texas;
(2) is a commissioned officer of the state military
forces, active or retired, or a retired commissioned officer in the
reserves of the armed forces of the United States; and
(3) has been engaged in the active practice of law for
at least five years and has at least five years' experience as a
staff judge advocate, judge advocate, or legal officer with the
state military forces, except that the requirements of this
subdivision are satisfied by equivalent experience or practice in
the armed forces of the United States.
SECTION 13. Section 432.192(b), Government Code, is amended
to read as follows:
(b) A person not in the employ of this state and not
belonging to its active military forces, who has been duly summoned
to appear as a witness before a military court, is entitled to
receive $50 a day for each day actually in attendance on the court,
and 12 cents a mile for going from his place of residence to the
place of trial or hearing, and 12 cents a mile for returning.
Civilian witnesses will be paid by the Texas Military Department
[adjutant general's department].
SECTION 14. Section 432.194, Government Code, is amended to
read as follows:
Sec. 432.194. EXPENSES OF ADMINISTRATION. The adjutant
general may pay all expenses incurred in the administration of
state military justice, including the expenses of courts-martial
and expenses incurred under Sections 432.109, 432.184, and 432.192,
from any funds appropriated to the Texas Military Department
[adjutant general's department].
SECTION 15. Section 434.153, Government Code, is amended to
read as follows:
Sec. 434.153. COMPOSITION OF COUNCIL. The council is
composed of the executive head of the following agencies, or that
person's designated representative:
(1) the Texas Veterans Commission;
(2) the Veterans' Land Board;
(3) the Texas Military Department [adjutant general's
department];
(4) the Health and Human Services Commission; and
(5) the State Bar of Texas.
SECTION 16. Section 1232.101(a), Government Code, is
amended to read as follows:
(a) With respect to all bonds authorized to be issued by or
on behalf of the Texas Military Department [adjutant general's
department], Parks and Wildlife Department, Texas Agricultural
Finance Authority, Texas Low-Level Radioactive Waste Disposal
Authority, Midwestern State University, and Texas Southern
University, the authority has the exclusive authority to act on
behalf of those entities in issuing bonds on their behalf. In
connection with those issuances and with the issuance of refunding
bonds on behalf of those entities, the authority is subject to all
rights, duties, and conditions surrounding issuance previously
applicable to the issuing entity under the statute authorizing the
issuance. A reference in an authorizing statute to the entity on
whose behalf the bonds are being issued applies equally to the
authority in its capacity as issuer on behalf of the entity.
SECTION 17. Section 161.552(d), Health and Safety Code, is
amended to read as follows:
(d) The department and commission shall develop and
maintain the directory in collaboration with local, state, and
national private and government organizations, including:
(1) the United States Veterans Health Administration;
(2) the United States Department of Defense;
(3) the Texas Military Department [adjutant general's
department];
(4) the Texas Veterans Commission; and
(5) other public and private national and
community-based organizations that provide support to
servicemembers and their families.
SECTION 18. Section 461.017(a), Health and Safety Code, is
amended to read as follows:
(a) The Drug Demand Reduction Advisory Committee is
composed of the following members:
(1) five representatives of the public from different
geographic regions of the state who have knowledge and expertise in
issues relating to reducing drug demand and who are appointed by the
commissioner of state health services [the Department of State
Health Services]; and
(2) one representative of each of the following
agencies or offices who is appointed by the executive director or
commissioner of the agency or office and who is directly involved in
the agency's or office's policies, programs, or funding activities
relating to reducing drug demand:
(A) the criminal justice division of the
governor's office;
(B) the Criminal Justice Policy Council;
(C) the Department of Family and Protective
Services;
(D) the Department of Public Safety of the State
of Texas;
(E) the Health and Human Services Commission;
(F) the Texas Alcoholic Beverage Commission;
(G) the Department of State Health Services;
(H) the Texas Council on Offenders with Mental
Impairments;
(I) the Texas Department of Criminal Justice;
(J) the Health and Human Services Commission;
(K) the Department of Aging and Disability
Services;
(L) the Texas Education Agency;
(M) the Texas Juvenile Justice Department
[Probation Commission;
[(N) the Texas Youth Commission];
(N) [(O)] the Department of Assistive and
Rehabilitative Services;
(O) [(P)] the Texas Workforce Commission;
(P) [(Q)] the Texas Department of Motor
Vehicles;
(Q) [(R)] the comptroller of public accounts;
and
(R) [(S)] the Texas Military Department
[adjutant general's department].
SECTION 19. Section 31.156(e), Natural Resources Code, is
amended to read as follows:
(e) In any year that the division will evaluate real
property under the management and control of the Texas Military
Department [adjutant general's department], the division shall
notify the department before the division begins the evaluation.
SECTION 20. Section 31.157(d), Natural Resources Code, is
amended to read as follows:
(d) If under the adjutant general's report submitted as
provided by Section 431.030, Government Code, the adjutant general
determines that real property under the management and control of
the Texas Military Department [adjutant general's department] is
used for military purposes, the commissioner may not recommend a
real estate transaction involving that real property in the final
report submitted as provided by Subsection (e).
SECTION 21. Sections 74.404(b), (c), and (d), Property
Code, are amended to read as follows:
(b) A military award or decoration delivered to the
comptroller under this chapter:
(1) may not be sold under Section 74.401 or destroyed;
and
(2) shall be delivered by the comptroller to the Texas
Military Department [adjutant general's department].
(c) The Texas Military Department [adjutant general's
department] shall conduct a reasonable search of public records to
locate the person to whom the military award or decoration was
awarded. If the department cannot locate the person, the
department shall attempt to locate the person's next of kin. If the
department locates the person or the person's next of kin, the
department shall deliver the award or decoration to the person or
the person's next of kin, as applicable.
(d) If the Texas Military Department [adjutant general's
department] cannot locate the person to whom a military award or
decoration was awarded or the person's next of kin, the award or
decoration shall be held in trust for the comptroller at:
(1) a museum established by the department; or
(2) if no museum exists, any other public facility
designated by the department.
SECTION 22. This Act takes effect September 1, 2013.