HB4914 - Relating to the organization, powers, and authority of the Texas State Guard, including the powers and authority of the adjutant general and governor relating to the Texas State Guard.

      By: Hopper H.B. No. 4914       A BILL TO BE ENTITLED   AN ACT   relating to the organization, powers, and authority of the Texas   State Guard, including the powers and authority of the adjutant   general and governor relating to the Texas State Guard.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 437.001, Government Code, is amended by   amending Subdivisions (2) and (13) and adding Subdivision (3-a) to   read as follows:                (2)  "Adjutant general" means the military commander of   the Texas Army National Guard and Texas Air National Guard   [ military forces ].                 (3-a)     "Director" means the military commander of the   Texas State Guard.                (13)  "Texas Military Department" means the state   agency charged with administrative activities in support of the   Texas Army National Guard and Texas Air National Guard [ military   forces ].          SECTION 2.  Section 437.002(b), Government Code, is amended   to read as follows:          (b)  If the governor is unable to perform the duties of   commander-in-chief, the successor to the governor's authority as   provided by the state constitution or other state law [adjutant   general] shall command the Texas military forces [, unless the state   constitution or other state law requires the lieutenant governor or   the president of the senate to perform the duties of governor] . The   authority of the adjutant general under this section to command the   Texas military forces applies only to the Texas Army National Guard   and Texas Air National Guard.          SECTION 3.  Sections 437.003(a), (b), and (c), Government   Code, are amended to read as follows:          (a)  The governor, with the advice and consent of the senate,   shall appoint an adjutant general to a two-year term expiring   February 1 of each even-numbered year. The adjutant general is   responsible for leading and managing the Texas Army National Guard   and Texas Air National Guard [ military forces ]. The adjutant   general is subordinate only to the governor in matters pertaining   to the Texas Army National Guard and Texas Air National Guard   [ military forces ]. The adjutant general's rank is assigned at the   discretion of the governor and may not exceed lieutenant general.   Federal recognition is at the rank authorized by the National Guard   Bureau. [ The adjutant general may be referred to as the commanding   general of the Texas military forces. ]          (b)  On recommendation of the adjutant general, the governor   shall appoint a deputy adjutant general for army and [ , ] a deputy   adjutant general for air[ , and the commander of the Texas State   Guard ]. The deputy adjutants general [ and commander ] serve until   replaced. To be qualified for appointment as a deputy adjutant   general, a service member must have the qualifications required for   appointment as adjutant general.          (c)  The governor , with the advice and consent of the senate,   shall appoint a director of the Texas State Guard to a two-year term   expiring February 1 of each even-numbered year. To be qualified for   appointment as director, a person must have the qualifications   required by Section 437.302. The director is responsible for   leading and managing the Texas State Guard. The director is   subordinate only to the governor in matters pertaining to the Texas   State Guard. The governor shall [ , ] commission[ , ] and assign the   Texas State Guard general officers. The governor may remove or   reassign an officer. To be eligible for appointment as a general   officer, a service member must have:                (1)  been an a federally recognized officer of not less   than field grade of the Texas National Guard or a regular or reserve   component of the United States military or served at least 15 years   of combined service as a commissioned officer in the Texas military   forces or a regular or reserve component of the United States   military; and                (2)  served at least three years as a commissioned   officer in the Texas State Guard.          SECTION 4.  Section 437.004(e), Government Code, is amended   to read as follows:          (e)  The governor may delegate to the adjutant general the   powers granted by this section with respect to the Texas Army   National Guard and Texas Air National Guard and may delegate to the   director the powers granted by this section with respect to the   Texas State Guard [ to the adjutant general ].          SECTION 5.  Sections 437.005(a), (b), and (c), Government   Code, are amended to read as follows:          (a)  The governor may activate all or part of the Texas   military forces to state active duty or for state training and other   duty. The governor may delegate to the adjutant general all or part   of the authority granted by this section with respect to the Texas   Army National Guard or Texas Air National Guard and may delegate to   the director all or part of the authority granted by this section   with respect to the Texas State Guard [ to the adjutant general ].          (b)  On delegation of the authority by the governor, the   adjutant general may order all or part of the Texas Army National   Guard or Texas Air National Guard [ military forces ] to state   training and other duty if funding has been provided in the General   Appropriations Act or volunteer resources are available.          (c)  On delegation of the authority by the governor, the   adjutant general may order all or part of the Texas Army National   Guard or Texas Air National Guard [ military forces ] to state   training and other duty if requested by a federal, state, or local   governmental entity and the entity authorizes reimbursement of the   costs to this state.          SECTION 6.  Section 437.006(b), Government Code, is amended   to read as follows:          (b)  The director [ adjutant general ] shall appoint and   commission officers, other than a general officer, in the Texas   State Guard. To be eligible for appointment, a service member must   be qualified under state guard regulations [ and be recommended for   appointment by the commander of the state guard ].          SECTION 7.  Subchapter B, Chapter 437, Government Code, is   amended by adding Section 437.0515 to read as follows:           Sec.   437.0515.     REFERENCE TO CERTAIN MILITARY FORCES.   Notwithstanding any other law, a reference in this subchapter to   "Texas military forces" or "state military forces" means only the   Texas Army National Guard and Texas Air National Guard.          SECTION 8.  Section 437.059, Government Code, is amended to   read as follows:          Sec. 437.059.  ADJUTANT GENERAL APPOINTMENTS. The adjutant   general, as the adjutant general determines appropriate and with   available funds, may appoint full-time employees of the department,   traditional national guard members, [ state guard volunteers, ] or   federal employees.          SECTION 9.  Subchapter C, Chapter 437, Government Code, is   amended by adding Section 437.1015 to read as follows:           Sec.   437.1015.     REFERENCE TO CERTAIN MILITARY FORCES.   Notwithstanding any other law, a reference in this subchapter to   "Texas military forces" or "state military forces" means only the   Texas Army National Guard and Texas Air National Guard.          SECTION 10.  Subchapter D, Chapter 437, Government Code, is   amended by adding Section 437.1515 to read as follows:           Sec.   437.1515.     REFERENCE TO CERTAIN MILITARY FORCES.   Notwithstanding any other law, a reference in this subchapter to   "Texas military forces" or "state military forces" means only the   Texas Army National Guard and Texas Air National Guard.          SECTION 11.  Section 437.201, Government Code, is amended to   read as follows:          Sec. 437.201.  CERTIFICATION OF MILITARY UNITS. The   adjutant general shall issue each unit of the Texas Army National   Guard and Texas Air National Guard, and the director shall issue   each unit of the Texas State Guard, a certificate stating that the   unit has been duly organized according to the laws and regulations   of the Texas military forces and is entitled to the rights, powers,   privileges, amenities, and immunities conferred by law and military   regulation. The certificate is evidence in a state court that the   unit is duly incorporated.          SECTION 12.  Sections 437.206(b) and (f), Government Code,   are amended to read as follows:          (b)  On the recommendation of the commanding officer or   noncommissioned officer of the Texas military forces, the governor   may confer on the officer or noncommissioned officer a brevet of a   grade higher than the ordinary commission or brevet held by the   officer or noncommissioned officer for gallant conduct or   meritorious military service. The adjutant general shall specify   the criteria for gallant conduct or meritorious military service   for a member of the Texas Army National Guard or Texas Air National   Guard. The director shall specify the criteria for gallant conduct   or meritorious military service for a member of the Texas State   Guard .          (f)  The governor may delegate to the adjutant general the   powers granted by this section with respect to the Texas Army   National Guard or Texas Air National Guard and may delegate to the   director the powers granted by this section with respect to the   Texas State Guard [ to the adjutant general ].          SECTION 13.  Sections 437.211(a) and (c), Government Code,   are amended to read as follows:          (a)  The commanding officer of each unit is the custodian of   the unit fund. The commanding officer shall:                (1)  receive, keep, properly disburse, and document the   use of the money in the fund; and                (2)  submit to the department , if the unit is a unit of   the Texas Army National Guard or Texas Air National Guard, or to the   governor if the unit is a unit of the Texas State Guard, an itemized   statement of money received and disbursed during the preceding   reporting period:                      (A)  on September 1 of each year; and                      (B)  when there is a change of the commanding   officer of the unit.          (c)  A unit fund is a special fund held outside the state   treasury to be administered by the commanding officer of the unit   without further appropriation. A unit fund is not subject to   Chapter 2256. The department shall develop policies and procedures   concerning the administration of unit [ the ] funds for which the   custodian is a commanding officer of the Texas Army National Guard   or Texas Air National Guard. The governor shall, in consultation   with the director, develop policies and procedures concerning the   administration of unit funds for which the custodian is a   commanding officer of the Texas State Guard . If any part of the   fund remains unexpended and unobligated at the end of the state   fiscal year, that amount is dedicated for the same purposes in the   subsequent year. Money in the fund may not be diverted for any   other purpose.          SECTION 14.  Section 437.212, Government Code, is amended by   amending Subsections (f-1) and (g) and adding Subsection (f-2) to   read as follows:          (f-1)  The department shall require payment of the cost   associated with paying the state contribution of a member of the   Texas Army National Guard or Texas Air National Guard [ state   military forces ] who elects to participate in the state group   benefits program under Subsection [Text truncated for display. Full text available on Congress.gov.]