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.