HBA-JEK C.S.S.B. 1165 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1165
By: Truan
State, Federal & International Relations
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a person must have completed 10 years of service as a
federally recognized officer of not less than field grade in the Texas
National Guard to be eligible for appointment as adjutant general. Reducing
the number of years required would expand the pool of candidates eligible
for the adjutant general appointment.  In addition, the adjutant general
currently holds the rank of major general.  C.S.S.B. 1165 reduces the
number of years' service a person must have to qualify for appointment as
adjutant general from 10 to 5 years, and allows the adjutant general to
hold a rank not to exceed lieutenant general. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.S.B. 1165 amends the Government Code to decrease the number of years'
service from 10 to 5 years that a person must have completed as a federally
recognized commissioned officer with an active unit of the Texas National
Guard to qualify for appointment as adjutant general.  The bill elevates
the rank the adjutant general may not exceed to lieutenant general at the
discretion of the governor.  Federal recognition for the adjutant general
is at the rank authorized by the National Guard Bureau and may not exceed
lieutenant general. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1165 differs from the original bill by prohibiting the rank of the
adjutant general from exceeding lieutenant general at the discretion of the
governor, and specifies that  federal recognition for the adjutant general
is at the rank authorized by the National Guard Bureau and may not exceed
lieutenant general.