HBA-TYH, DMD H.J.R. 95 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 95
By: Gray
State Affairs
777/21/1999
Enrolled



BACKGROUND AND PURPOSE 

Subject to the conditions of the resolution, an adjutant general is
appointed every two years by the governor.  Since the governor serves a
four-year term, it is often necessary for the governor to reappoint the
adjutant general halfway through the governor's term and the adjutant
general must to go through senate confirmation again.  As proposed, H.J.R.
95 requires the submission to the voters of a constitutional amendment to
provide a four-year term for the adjutant general and to provide that the
term runs concurrently with the term of the governor, expiring on the date
that the governor who appointed the adjutant general ceases to hold office
as governor. 

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 30, Article XVI, Texas Constitution, by adding
Subsection (e), as follows: 

(e) Provides that if the legislature establishes an office, known as the
office of the adjutant general or known by another title, that is filled by
appointment by the governor and that is the single governing office,
subordinate only to the governor, of the state military forces, the person
holding that office serves at the pleasure of the governor notwithstanding
this section or any time limit prescribed by other law. 

SECTION 2.  Amends the Texas Constitution by adding a temporary provision,
as follows: 
 
TEMPORARY PROVISION. (a) Provides that this temporary provision applies to
the constitutional amendment proposed by the 76th Legislature, Regular
Session, 1999, that provides that  the adjutant general serves at the
pleasure of the governor. 

(b) Provides that the term of the person who holds office as the adjutant
general on the effective date of that constitutional amendment is subject
to that amendment. 

(c) Provides that this temporary provision expires February 1, 2001. 

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.