Texas 2019 - 86th Regular

Texas Senate Bill SB602 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2713 SRA-D
2	2	By: Hall, et al. S.B. No. 602
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Military
8	8	Department.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 437.001(6), Government Code, is amended
11	11	to read as follows:
12	12	(6) "Director of state administration" ["Executive
13	13	director"] means the administrative head of the department who is
14	14	responsible for managing the department.
15	15	SECTION 2. Section 437.051, Government Code, is amended to
16	16	read as follows:
17	17	Sec. 437.051. SUNSET PROVISION. The department is subject
18	18	to Chapter 325 (Texas Sunset Act). Unless continued in existence as
19	19	provided by that chapter, the department is abolished and this
20	20	subchapter expires September 1, 2031 [2019].
21	21	SECTION 3. Section 437.052(b), Government Code, is amended
22	22	to read as follows:
23	23	(b) The adjutant general shall adopt and implement
24	24	regulations or policies that clearly separate the adjutant
25	25	general's responsibilities from the administrative
26	26	responsibilities of the department's [executive] director of state
27	27	administration and staff.
28	28	SECTION 4. Section 437.053, Government Code, is amended to
29	29	read as follows:
30	30	Sec. 437.053. ADJUTANT GENERAL: DUTIES. The adjutant
31	31	general shall:
32	32	(1) perform duties assigned by the governor relating
33	33	to the military affairs of this state;
34	34	(2) assume responsibility for the overall leadership,
35	35	management, accountability, and operations of the Texas military
36	36	forces, including the transportation of troops, munitions,
37	37	military equipment, and property in this state;
38	38	(3) assume responsibility for all administration of
39	39	the department, including ensuring compliance with applicable
40	40	state law and priorities and overseeing state employees;
41	41	(4) oversee the preparation of returns and reports
42	42	required of this state by the United States;
43	43	(5) [(4)] maintain a register of all officers of the
44	44	Texas military forces;
45	45	(6) [(5)] publish at state expense, when necessary,
46	46	state military law and regulations;
47	47	(7) [(6)] make available annual reports concerning
48	48	the Texas military forces;
49	49	(8) [(7)] establish reasonable and necessary fees
50	50	for the administration of this subtitle;
51	51	(9) [(8)] employ and arm, as the adjutant general
52	52	determines appropriate, persons licensed under Title 10,
53	53	Occupations Code, to protect property that is under the adjutant
54	54	general's authority and to satisfy applicable security
55	55	requirements;
56	56	(10) [(9)] define and prescribe the kind and amount
57	57	of supplies, including operational munitions for use in this state,
58	58	to be purchased for the Texas military forces;
59	59	(11) [(10)] prescribe general regulations for the
60	60	maintenance of supplies and for the transportation and distribution
61	61	of supplies from the place of purchase to camps, stations,
62	62	companies, or other necessary places of safekeeping;
63	63	(12) [(11)] have supplies, whether the property of
64	64	the United States or this state, properly cared for and kept in good
65	65	order and ready for use; and
66	66	(13) [(12)] as the adjutant general determines
67	67	appropriate, sell or destroy property and supplies or exchange
68	68	property and supplies for other military property and supplies.
69	69	SECTION 5. Sections 437.060(a), (b), and (c), Government
70	70	Code, are amended to read as follows:
71	71	(a) A person may not be appointed adjutant general, a deputy
72	72	adjutant general, a general officer, judge advocate general, or
73	73	[executive] director of state administration if the person is
74	74	required to register as a lobbyist under Chapter 305 because of the
75	75	person's activities for compensation on behalf of a profession
76	76	related to the operation of the department.
77	77	(b) An officer, employee, or paid consultant of a Texas
78	78	trade association in the field of defense or veterans affairs may
79	79	not be appointed adjutant general, a deputy adjutant general, a
80	80	general officer, judge advocate general, or [executive] director of
81	81	state administration.
82	82	(c) A person who is the spouse of an officer, manager, or
83	83	paid consultant of a Texas trade association in the field of defense
84	84	or veterans affairs may not be appointed adjutant general, a deputy
85	85	adjutant general, a general officer, judge advocate general, or
86	86	[executive] director of state administration.
87	87	SECTION 6. Section 437.062(b), Government Code, is amended
88	88	to read as follows:
89	89	(b) A deputy adjutant general, general officer, or
90	90	[executive] director of state administration employed under this
91	91	chapter is entitled to a salary subject to the classification and
92	92	salary schedule provisions defined in the General Appropriations
93	93	Act.
94	94	SECTION 7. Section 437.063, Government Code, is amended to
95	95	read as follows:
96	96	Sec. 437.063. ADJUTANT GENERAL: DELEGATION OF EXPENDITURE
97	97	APPROVAL AUTHORITY. The adjutant general may delegate the authority
98	98	to approve department expenditures to the [executive] director of
99	99	state administration.
100	100	SECTION 8. Section 437.101, Government Code, is amended to
101	101	read as follows:
102	102	Sec. 437.101. [EXECUTIVE] DIRECTOR OF STATE
103	103	ADMINISTRATION. (a) The [executive] director of state
104	104	administration is a senior-level [an] employee of the department
105	105	and is appointed by and serves at the pleasure of the adjutant
106	106	general.
107	107	(b) Subject to Sections 437.052 and 437.054, the
108	108	[executive] director of state administration may enter into
109	109	contracts related to the purposes or duties of the department and
110	110	may have and use a corporate seal.
111	111	(c) The [executive] director of state administration is
112	112	responsible for the daily administration of the department and the
113	113	operational compliance with the cooperative agreements between the
114	114	department and the National Guard Bureau.
115	115	(d) The adjutant general shall adopt and implement a policy
116	116	outlining the director of state administration's responsibility
117	117	for state administrative interests across all department programs,
118	118	including evaluating procedures for oversight of state employees
119	119	and mitigating administrative and other compliance risks.
120	120	SECTION 9. Section 437.102, Government Code, is amended to
121	121	read as follows:
122	122	Sec. 437.102. DEPARTMENT PERSONNEL. (a) The [executive]
123	123	director of state administration may hire employees as necessary to
124	124	carry on the operations of the department.
125	125	(b) The [executive] director of state administration or the
126	126	director of state administration's [executive director's] designee
127	127	shall provide to the adjutant general and to department employees,
128	128	as often as necessary, information regarding the requirements for
129	129	office or employment under this chapter, including information
130	130	regarding a person's responsibilities under applicable laws
131	131	relating to standards of conduct for state officers or employees.
132	132	SECTION 10. Section 437.104, Government Code, is amended to
133	133	read as follows:
134	134	Sec. 437.104. CAREER LADDER PROGRAM; PERFORMANCE
135	135	EVALUATIONS. (a) The [executive] director of state administration
136	136	shall develop a career ladder program. The program must require
137	137	intra-agency postings of all non-entry level positions
138	138	concurrently with any public posting.
139	139	(b) The [executive] director of state administration shall
140	140	develop a system of employee performance evaluations. The system
141	141	must require that evaluations be conducted at least annually. All
142	142	merit pay for department employees must be based on the system
143	143	established under this subsection.
144	144	SECTION 11. Section 437.108, Government Code, is amended to
145	145	read as follows:
146	146	Sec. 437.108. TECHNOLOGY POLICY. The department shall
147	147	develop and implement a policy requiring the [executive] director
148	148	of state administration and department's employees to research and
149	149	propose appropriate technological solutions to improve the
150	150	department's ability to perform its functions. The technological
151	151	solutions must:
152	152	(1) ensure that the public is able to easily find
153	153	information about the department on the Internet;
154	154	(2) ensure that persons who want to use the
155	155	department's services are able to:
156	156	(A) interact with the department through the
157	157	Internet; and
158	158	(B) access any service that can be provided
159	159	effectively through the Internet; and
160	160	(3) be cost-effective and developed through the
161	161	department's planning processes.
162	162	SECTION 12. Section 437.151(a), Government Code, is amended
163	163	to read as follows:
164	164	(a) The real property advisory council is composed of the
165	165	following eight members:
166	166	(1) two deputy adjutants general;
167	167	(2) the [executive] director of state administration;
168	168	and
169	169	(3) five public members who are not actively serving
170	170	in the Texas National Guard and who have experience in
171	171	architecture, construction management, engineering, property
172	172	management, facilities maintenance management, real estate
173	173	services, or real property law.
174	174	SECTION 13. This Act takes effect September 1, 2019.