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


Office of House Bill AnalysisC.S.H.J.R. 95
By: Gray
State Affairs
5/10/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, an adjutant general is appointed every two years by the
governor.  However, since the governor serves a four-year term, it is often
necessary for the governor to reappoint the adjutant general half-way
through the governor's term.  The adjutant general must go through senate
confirmation again.  As proposed, C.S.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 has a term of four years running concurrently with the
term of the governor. Provides that the term of that officer expires on the
date on which the governor who appointed that officer ceases to hold office
as governor. 

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 a four-year term for the adjutant general and
that provides that the term runs concurrently with the term 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 expires as
provided by that constitutional amendment.   

(c) Provides that this temporary provision expires February 1, 2003. 

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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute modifies the caption to make a nonsubstantive change.

This substitute modifies proposed Section 30(e), Article XVI, Texas
Constitution, in SECTION 1,  to provide that the term of the adjutant
general expires on the date on which the governor who appointed that
officer ceases to hold office as governor. 

This substitute modifies proposed Subsection (b) of the temporary
provision, in SECTION 2, to provide that the term of the person who holds
office as the adjutant general on the effective date of this constitutional
amendment expires as provided by that constitutional amendment, rather than
expires at the time in 2003 prescribed by law for the expiration of the
governor's term.