Texas 2019 - 86th Regular

Texas House Bill HB1326 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1326
	1	+	By: Flynn, et al. (Senate Sponsor - Hall) H.B. No. 1326
	2	+	(In the Senate - Received from the House April 8, 2019;
	3	+	April 9, 2019, read first time and referred to Committee on Veteran
	4	+	Affairs & Border Security; April 29, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 6,
	6	+	Nays 0; April 29, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1326 By: Campbell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the continuation and functions of the Texas Military
6	14		Department.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 437.001(6), Government Code, is amended
9	17		to read as follows:
10	18		(6) "Director of state administration" ["Executive
11	19		director"] means the administrative head of the department who is
12	20		responsible for managing the department.
13	21		SECTION 2. Section 437.051, Government Code, is amended to
14	22		read as follows:
15	23		Sec. 437.051. SUNSET PROVISION. The department is subject
16	24		to Chapter 325 (Texas Sunset Act). Unless continued in existence as
17	25		provided by that chapter, the department is abolished [and this
18	26		subchapter expires] September 1, 2031 [2019].
19	27		SECTION 3. Section 437.052(b), Government Code, is amended
20	28		to read as follows:
21	29		(b) The adjutant general shall adopt and implement
22	30		regulations or policies that clearly separate the adjutant
23	31		general's responsibilities from the administrative
24	32		responsibilities of the department's [executive] director of state
25	33		administration and staff.
26	34		SECTION 4. Section 437.053, Government Code, is amended to
27	35		read as follows:
28	36		Sec. 437.053. ADJUTANT GENERAL: DUTIES. The adjutant
29	37		general shall:
30	38		(1) perform duties assigned by the governor relating
31	39		to the military affairs of this state;
32	40		(2) assume responsibility for the overall leadership,
33	41		management, accountability, and operations of the Texas military
34	42		forces, including the transportation of troops, munitions,
35	43		military equipment, and property in this state;
36	44		(3) assume responsibility for all administration of
37	45		the department, including ensuring compliance with applicable
38	46		state law and priorities and overseeing state employees;
39	47		(4) oversee the preparation of returns and reports
40	48		required of this state by the United States;
41	49		(5) [(4)] maintain a register of all officers of the
42	50		Texas military forces;
43	51		(6) [(5)] publish at state expense, when necessary,
44	52		state military law and regulations;
45	53		(7) [(6)] make available annual reports concerning
46	54		the Texas military forces;
47	55		(8) [(7)] establish reasonable and necessary fees
48	56		for the administration of this subtitle;
49	57		(9) [(8)] employ and arm, as the adjutant general
50	58		determines appropriate, persons licensed under Title 10,
51	59		Occupations Code, to protect property that is under the adjutant
52	60		general's authority and to satisfy applicable security
53	61		requirements;
54	62		(10) [(9)] define and prescribe the kind and amount
55	63		of supplies, including operational munitions for use in this state,
56	64		to be purchased for the Texas military forces;
57	65		(11) [(10)] prescribe general regulations for the
58	66		maintenance of supplies and for the transportation and distribution
59	67		of supplies from the place of purchase to camps, stations,
60	68		companies, or other necessary places of safekeeping;
61	69		(12) [(11)] have supplies, whether the property of
62	70		the United States or this state, properly cared for and kept in good
63	71		order and ready for use; and
64	72		(13) [(12)] as the adjutant general determines
65	73		appropriate, sell or destroy property and supplies or exchange
66	74		property and supplies for other military property and supplies.
67	75		SECTION 5. Sections 437.060(a), (b), and (c), Government
68	76		Code, are amended to read as follows:
69	77		(a) A person may not be appointed adjutant general, a deputy
70	78		adjutant general, a general officer, judge advocate general, or
71	79		[executive] director of state administration if the person is
72	80		required to register as a lobbyist under Chapter 305 because of the
73	81		person's activities for compensation on behalf of a profession
74	82		related to the operation of the department.
75	83		(b) An officer, employee, or paid consultant of a Texas
76	84		trade association in the field of defense or veterans affairs may
77	85		not be appointed adjutant general, a deputy adjutant general, a
78	86		general officer, judge advocate general, or [executive] director of
79	87		state administration.
80	88		(c) A person who is the spouse of an officer, manager, or
81	89		paid consultant of a Texas trade association in the field of defense
82	90		or veterans affairs may not be appointed adjutant general, a deputy
83	91		adjutant general, a general officer, judge advocate general, or
84	92		[executive] director of state administration.
85	93		SECTION 6. Section 437.062(b), Government Code, is amended
86	94		to read as follows:
87	95		(b) A deputy adjutant general, general officer, or
88	96		[executive] director of state administration employed under this
89	97		chapter is entitled to a salary subject to the classification and
90	98		salary schedule provisions defined in the General Appropriations
91	99		Act.
92	100		SECTION 7. Section 437.063, Government Code, is amended to
93	101		read as follows:
94	102		Sec. 437.063. ADJUTANT GENERAL: DELEGATION OF EXPENDITURE
95	103		APPROVAL AUTHORITY. The adjutant general may delegate the authority
96	104		to approve department expenditures to the [executive] director of
97	105		state administration.
98	106		SECTION 8. Section 437.101, Government Code, is amended to
99	107		read as follows:
100	108		Sec. 437.101. [EXECUTIVE] DIRECTOR OF STATE
101	109		ADMINISTRATION. (a) The [executive] director of state
102	110		administration is a senior-level [an] employee of the department
103	111		and is appointed by and serves at the pleasure of the adjutant
104	112		general.
105	113		(b) Subject to Sections 437.052 and 437.054, the
106	114		[executive] director of state administration may enter into
107	115		contracts related to the purposes or duties of the department and
108	116		may have and use a corporate seal.
109	117		(c) The [executive] director of state administration is
110	118		responsible for the daily administration of the department's state
111	119		support operations [department] and the operational compliance
112	120		with the cooperative agreements between the department and the
113	121		National Guard Bureau.
114	122		(d) The adjutant general shall adopt and implement a policy
115	123		outlining the director of state administration's responsibility
116	124		for state administrative interests across all department programs,
117	125		including evaluating procedures for oversight of state employees
118	126		and mitigating administrative and other compliance risks.
119	127		SECTION 9. Section 437.102, Government Code, is amended to
120	128		read as follows:
121	129		Sec. 437.102. DEPARTMENT PERSONNEL. (a) The [executive]
122	130		director of state administration may hire employees as necessary to
123	131		carry on the state support operations of the department.
124	132		(b) The [executive] director of state administration or the
125	133		director of state administration's [executive director's] designee
126	134		shall provide to the adjutant general and to department employees,
127	135		as often as necessary, information regarding the requirements for
128	136		office or employment under this chapter, including information
129	137		regarding a person's responsibilities under applicable laws
130	138		relating to standards of conduct for state officers or employees.
131	139		SECTION 10. Section 437.104, Government Code, is amended to
132	140		read as follows:
133	141		Sec. 437.104. CAREER LADDER PROGRAM; PERFORMANCE
134	142		EVALUATIONS. (a) The [executive] director of state administration
135	143		shall develop a career ladder program. The program must require
136	144		intra-agency postings of all non-entry level positions
137	145		concurrently with any public posting.
138	146		(b) The [executive] director of state administration shall
139	147		develop a system of employee performance evaluations. The system
140	148		must require that evaluations be conducted at least annually. All
141	149		merit pay for department employees must be based on the system
142	150		established under this subsection.
143	151		SECTION 11. Section 437.108, Government Code, is amended to
144	152		read as follows:
145	153		Sec. 437.108. TECHNOLOGY POLICY. The department shall
146	154		develop and implement a policy requiring the [executive] director
147	155		of state administration and department's employees to research and
148	156		propose appropriate technological solutions to improve the
149	157		department's ability to perform its functions. The technological
150	158		solutions must:
151	159		(1) ensure that the public is able to easily find
152	160		information about the department on the Internet;
153	161		(2) ensure that persons who want to use the
154	162		department's services are able to:
155	163		(A) interact with the department through the
156	164		Internet; and
157	165		(B) access any service that can be provided
158	166		effectively through the Internet; and
159	167		(3) be cost-effective and developed through the
160	168		department's planning processes.
161	169		SECTION 12. Section 437.151(a), Government Code, is amended
162	170		to read as follows:
163	171		(a) The real property advisory council is composed of the
164	172		following eight members:
165	173		(1) two deputy adjutants general;
166	174		(2) the [executive] director of state administration;
167	175		and
168	176		(3) five public members who are not actively serving
169	177		in the Texas National Guard and who have experience in
170	178		architecture, construction management, engineering, property
171	179		management, facilities maintenance management, real estate
172	180		services, or real property law.
173	181		SECTION 13. This Act takes effect September 1, 2019.
174		-	______________________________ ______________________________
175		-	President of the Senate Speaker of the House
176		-	I certify that H.B. No. 1326 was passed by the House on April
177		-	5, 2019, by the following vote: Yeas 141, Nays 0, 2 present, not
178		-	voting; and that the House concurred in Senate amendments to H.B.
179		-	No. 1326 on May 14, 2019, by the following vote: Yeas 137, Nays 0,
180		-	3 present, not voting.
181		-	______________________________
182		-	Chief Clerk of the House
183		-	I certify that H.B. No. 1326 was passed by the Senate, with
184		-	amendments, on May 3, 2019, by the following vote: Yeas 30, Nays 0.
185		-	______________________________
186		-	Secretary of the Senate
187		-	APPROVED: __________________
188		-	Date
189		-	__________________
190		-	Governor
	182	+	* * * * *