86R19732 SRA-D
By: Flynn H.B. No. 1326
Substitute the following for H.B. No. 1326:
By: Flynn C.S.H.B. No. 1326
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Military
Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.001(6), Government Code, is amended
to read as follows:
(6) "Director of state administration" ["Executive
director"] means the administrative head of the department who is
responsible for managing the department.
SECTION 2. Section 437.051, Government Code, is amended to
read as follows:
Sec. 437.051. SUNSET PROVISION. The 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, 2031 [2019].
SECTION 3. Section 437.052(b), Government Code, is amended
to read as follows:
(b) The adjutant general shall adopt and implement
regulations or policies that clearly separate the adjutant
general's responsibilities from the administrative
responsibilities of the department's [executive] director of state
administration and staff.
SECTION 4. Section 437.053, Government Code, is amended to
read as follows:
Sec. 437.053. ADJUTANT GENERAL: DUTIES. The adjutant
general shall:
(1) perform duties assigned by the governor relating
to the military affairs of this state;
(2) assume responsibility for the overall leadership,
management, accountability, and operations of the Texas military
forces, including the transportation of troops, munitions,
military equipment, and property in this state;
(3) assume responsibility for all administration of
the department, including ensuring compliance with applicable
state law and priorities and overseeing state employees;
(4) oversee the preparation of returns and reports
required of this state by the United States;
(5) [(4)] maintain a register of all officers of the
Texas military forces;
(6) [(5)] publish at state expense, when necessary,
state military law and regulations;
(7) [(6)] make available annual reports concerning
the Texas military forces;
(8) [(7)] establish reasonable and necessary fees
for the administration of this subtitle;
(9) [(8)] employ and arm, as the adjutant general
determines appropriate, persons licensed under Title 10,
Occupations Code, to protect property that is under the adjutant
general's authority and to satisfy applicable security
requirements;
(10) [(9)] define and prescribe the kind and amount
of supplies, including operational munitions for use in this state,
to be purchased for the Texas military forces;
(11) [(10)] prescribe general regulations for the
maintenance of supplies and for the transportation and distribution
of supplies from the place of purchase to camps, stations,
companies, or other necessary places of safekeeping;
(12) [(11)] have supplies, whether the property of
the United States or this state, properly cared for and kept in good
order and ready for use; and
(13) [(12)] as the adjutant general determines
appropriate, sell or destroy property and supplies or exchange
property and supplies for other military property and supplies.
SECTION 5. Sections 437.060(a), (b), and (c), Government
Code, are amended to read as follows:
(a) A person may not be appointed adjutant general, a deputy
adjutant general, a general officer, judge advocate general, or
[executive] director of state administration if the person is
required to register as a lobbyist under Chapter 305 because of the
person's activities for compensation on behalf of a profession
related to the operation of the department.
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of defense or veterans affairs may
not be appointed adjutant general, a deputy adjutant general, a
general officer, judge advocate general, or [executive] director of
state administration.
(c) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of defense
or veterans affairs may not be appointed adjutant general, a deputy
adjutant general, a general officer, judge advocate general, or
[executive] director of state administration.
SECTION 6. Section 437.062(b), Government Code, is amended
to read as follows:
(b) A deputy adjutant general, general officer, or
[executive] director of state administration employed under this
chapter is entitled to a salary subject to the classification and
salary schedule provisions defined in the General Appropriations
Act.
SECTION 7. Section 437.063, Government Code, is amended to
read as follows:
Sec. 437.063. ADJUTANT GENERAL: DELEGATION OF EXPENDITURE
APPROVAL AUTHORITY. The adjutant general may delegate the authority
to approve department expenditures to the [executive] director of
state administration.
SECTION 8. Section 437.101, Government Code, is amended to
read as follows:
Sec. 437.101. [EXECUTIVE] DIRECTOR OF STATE
ADMINISTRATION. (a) The [executive] director of state
administration is a senior-level [an] employee of the department
and is appointed by and serves at the pleasure of the adjutant
general.
(b) Subject to Sections 437.052 and 437.054, the
[executive] director of state administration may enter into
contracts related to the purposes or duties of the department and
may have and use a corporate seal.
(c) The [executive] director of state administration is
responsible for the daily administration of the department's state
support operations [department] and the operational compliance
with the cooperative agreements between the department and the
National Guard Bureau.
(d) The adjutant general shall adopt and implement a policy
outlining the director of state administration's responsibility
for state administrative interests across all department programs,
including evaluating procedures for oversight of state employees
and mitigating administrative and other compliance risks.
SECTION 9. Section 437.102, Government Code, is amended to
read as follows:
Sec. 437.102. DEPARTMENT PERSONNEL. (a) The [executive]
director of state administration may hire employees as necessary to
carry on the state support operations of the department.
(b) The [executive] director of state administration or the
director of state administration's [executive director's] designee
shall provide to the adjutant general and to department employees,
as often as necessary, information regarding the requirements for
office or employment under this chapter, including information
regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
SECTION 10. Section 437.104, Government Code, is amended to
read as follows:
Sec. 437.104. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS. (a) The [executive] director of state administration
shall develop a career ladder program. The program must require
intra-agency postings of all non-entry level positions
concurrently with any public posting.
(b) The [executive] director of state administration shall
develop a system of employee performance evaluations. The system
must require that evaluations be conducted at least annually. All
merit pay for department employees must be based on the system
established under this subsection.
SECTION 11. Section 437.108, Government Code, is amended to
read as follows:
Sec. 437.108. TECHNOLOGY POLICY. The department shall
develop and implement a policy requiring the [executive] director
of state administration and department's employees to research and
propose appropriate technological solutions to improve the
department's ability to perform its functions. The technological
solutions must:
(1) ensure that the public is able to easily find
information about the department on the Internet;
(2) ensure that persons who want to use the
department's services are able to:
(A) interact with the department through the
Internet; and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
department's planning processes.
SECTION 12. Section 437.151(a), Government Code, is amended
to read as follows:
(a) The real property advisory council is composed of the
following eight members:
(1) two deputy adjutants general;
(2) the [executive] director of state administration;
and
(3) five public members who are not actively serving
in the Texas National Guard and who have experience in
architecture, construction management, engineering, property
management, facilities maintenance management, real estate
services, or real property law.
SECTION 13. Section 437.212(f), Government Code, is amended
to read as follows:
(f) A member of the state military forces who is not a
full-time or part-time state employee and who has been on state
active duty or on state training or other duty for more than 60
consecutive days is, notwithstanding Section 1551.1055, Insurance
Code, eligible to participate in the state group benefits program
under Chapter 1551, Insurance Code, and is considered to be a
full-time state employee for the purposes of that chapter,
including the receipt of a full state contribution for insurance
coverage, subject to Subsection (f-1) and the following
requirements:
(1) the participant must be a member of the state
military forces at the time of enrollment in the group benefits
program; and
(2) an application under this subsection for insurance
coverage must be submitted in accordance with procedures
established by the Employees Retirement System of Texas.
SECTION 14. Sections 437.226(c) and (h), Government Code,
are amended to read as follows:
(c) The adjutant general shall grant assistance for tuition
and mandatory fees under this section to eligible service members,
in an amount not to exceed the amount provided in the General
Appropriations Act. The adjutant general may apportion the number
of assistance awards among the components of the Texas military
forces necessary to meet the recruitment and retention needs of
those components. [The number of assistance awards made to members
of the Texas State Guard may not exceed 30 for any semester unless
the adjutant general finds a compelling need for additional awards
to members of the Texas State Guard.]
(h) From money appropriated for purposes of this section,
the department shall authorize the comptroller to reimburse an
institution of higher education in an amount equal to the amount of
the [exemption from] tuition and mandatory fees [the institution
grants to a person] under Section 54.345, Education Code.
SECTION 15. This Act takes effect September 1, 2019.