HBA-TYH H.B. 1133 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1133 By: Hinojosa State, Federal & International Relations 4/1/1999 Introduced BACKGROUND AND PURPOSE The legislature established the National Guard Armory Board (board) in 1935 to construct and maintain armories to support the Texas National Guard. The Adjutant General's Department (department) performs maintenance and construction activities for National Guard facilities other than armories. This redundancy of activity provides no additional benefits for the state's armories or other National Guard facilities. In addition, the legislature had previously directed the board to transfer most of its functions to the department in 1987 with no detrimental effect to the Texas National Guard. Several benefits and substantial savings could be realized by abolishing the board and transferring its functions to the department. During the 75th Legislature, legislation was passed to change the name of the board to the Texas Military Facilities Commission (commission). H.B. 1133 abolishes the commission, transfers its functions to the department, and makes conforming changes with regard to the names of the agencies. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 431.021, Government Code, as follows: Sec. 431.021. New title: DEFINITIONS. Adds the definition of "bond." Makes conforming changes. SECTION 2. Amends Section 431.045(c), Government Code, to delete references made to the Texas Military Facilities Commission (commission) and replace it with the adjutant general (department). SECTION 3. Transfers Sections 435.013, 435.014, 435.016, 435.021, 435.022, 435.023, 435.024, 435.025, 435.026, 435.041, 435.042, 435.043, 435.044, 435.045, 435.046, 435.048, and 435.027, Government Code, to Subchapter B, Chapter 431, Government Code, and redesignates respectively as Sections 431.0291, 431.0292, 431.0293, 431.0301, 431.0302, 431.0303, 431.0304, 431.0305, 431.0306, 431.0351, 431.0352, 431.0353, 431.0354, 431.0355, 431.0356, 431.0357, and 431.0361. Amends the sections to delete text authorizing the commission to execute and deliver a lease that leases to the state or any person a building, its site, and the equipment in it. Deletes text authorizing the commission to receive specified items from the adjutant general. Deletes text regarding the method by which the commissioner processes bonds and coupons. Makes conforming changes. SECTION 4. Amends Sections 109.47(a) and (c), Education Code, as follows: (a) Makes a conforming change. (b) Deletes the reference to the National Guard Armory Board and replaces it with the adjutant general. SECTION 5. Amends Section 9B(a), Article 601d, V.T.C.S. (Texas Public Finance Authority Act), to make a conforming change. SECTION 6. Repealer: Sections 431.030 (Property), 435.001-435.012 (Definitions; Commission; Application of Sunset Act; Composition; Conflicts of Interests; Presiding Officer; Commission Member Training; Vacancy, Inability to Serve; Removal; Term and Officers; Per Diem and Expenses; Personnel; Equal Employment Opportunity Policy Statement; Headquarters; Rules, Actions of the Commission; and Records, Audit, Report), 435.015 (Public Interest Information and Complaints), 435.017 (Program and Facility Accessibility), and 435.047 (Trust Deeds and Trust Agreements), Government Code. SECTION 7. (a) Abolishes the Texas Military Facilities Commission. Transfers all powers, duties, obligations, rights, contracts, bonds, appropriations, records, real or personal property, and personnel of the Texas Military Facilities Commission to the adjutant general. (b) Provides that a rule, policy, procedure, or decision of the Texas Military Facilities Commission continues in effect as a rule, policy, procedure, or decision of the adjutant general until superseded by an act of the adjutant general. (c) Provides that a reference in another law to the Texas Military Facilities Commission means the adjutant general. SECTION 8. Effective date: September 1, 1999. SECTION 9. Emergency clause.