H.B. No. 1326

	AN ACT
	relating to the continuation and functions of the Texas Military
	Department.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 437.001(6), Government Code, is amended
	to read as follows:
	(6)  "Director of state administration" ["Executive
	director"] means the administrative head of the department who is
	responsible for managing the department.
	SECTION 2.  Section 437.051, Government Code, is amended to
	read as follows:
	Sec. 437.051.  SUNSET PROVISION. The department is subject
	to Chapter 325 (Texas Sunset Act).  Unless continued in existence as
	provided by that chapter, the department is abolished [and this
	subchapter expires] September 1, 2031 [2019].
	SECTION 3.  Section 437.052(b), Government Code, is amended
	to read as follows:
	(b)  The adjutant general shall adopt and implement
	regulations or policies that clearly separate the adjutant
	general's responsibilities from the administrative
	responsibilities of the department's [executive] director of state
	administration and staff.
	SECTION 4.  Section 437.053, Government Code, is amended to
	read as follows:
	Sec. 437.053.  ADJUTANT GENERAL: DUTIES. The adjutant
	general shall:
	(1)  perform duties assigned by the governor relating
	to the military affairs of this state;
	(2)  assume responsibility for the overall leadership,
	management, accountability, and operations of the Texas military
	forces, including the transportation of troops, munitions,
	military equipment, and property in this state;
	(3)  assume responsibility for all administration of
	the department, including ensuring compliance with applicable
	state law and priorities and overseeing state employees;
	(4)  oversee the preparation of returns and reports
	required of this state by the United States;
	(5)  [(4)]  maintain a register of all officers of the
	Texas military forces;
	(6)  [(5)]  publish at state expense, when necessary,
	state military law and regulations;
	(7)  [(6)]  make available annual reports concerning
	the Texas military forces;
	(8)  [(7)]  establish reasonable and necessary fees
	for the administration of this subtitle;
	(9)  [(8)]  employ and arm, as the adjutant general
	determines appropriate, persons licensed under Title 10,
	Occupations Code, to protect property that is under the adjutant
	general's authority and to satisfy applicable security
	requirements;
	(10)  [(9)]  define and prescribe the kind and amount
	of supplies, including operational munitions for use in this state,
	to be purchased for the Texas military forces;
	(11)  [(10)]  prescribe general regulations for the
	maintenance of supplies and for the transportation and distribution
	of supplies from the place of purchase to camps, stations,
	companies, or other necessary places of safekeeping;
	(12)  [(11)]  have supplies, whether the property of
	the United States or this state, properly cared for and kept in good
	order and ready for use; and
	(13)  [(12)]  as the adjutant general determines
	appropriate, sell or destroy property and supplies or exchange
	property and supplies for other military property and supplies.
	SECTION 5.  Sections 437.060(a), (b), and (c), Government
	Code, are amended to read as follows:
	(a)  A person may not be appointed adjutant general, a deputy
	adjutant general, a general officer, judge advocate general, or
	[executive] director of state administration if the person is
	required to register as a lobbyist under Chapter 305 because of the
	person's activities for compensation on behalf of a profession
	related to the operation of the department.
	(b)  An officer, employee, or paid consultant of a Texas
	trade association in the field of defense or veterans affairs may
	not be appointed adjutant general, a deputy adjutant general, a
	general officer, judge advocate general, or [executive] director of
	state administration.
	(c)  A person who is the spouse of an officer, manager, or
	paid consultant of a Texas trade association in the field of defense
	or veterans affairs may not be appointed adjutant general, a deputy
	adjutant general, a general officer, judge advocate general, or
	[executive] director of state administration.
	SECTION 6.  Section 437.062(b), Government Code, is amended
	to read as follows:
	(b)  A deputy adjutant general, general officer, or
	[executive] director of state administration employed under this
	chapter is entitled to a salary subject to the classification and
	salary schedule provisions defined in the General Appropriations
	Act.
	SECTION 7.  Section 437.063, Government Code, is amended to
	read as follows:
	Sec. 437.063.  ADJUTANT GENERAL: DELEGATION OF EXPENDITURE
	APPROVAL AUTHORITY. The adjutant general may delegate the authority
	to approve department expenditures to the [executive] director of
	state administration.
	SECTION 8.  Section 437.101, Government Code, is amended to
	read as follows:
	Sec. 437.101.  [EXECUTIVE] DIRECTOR OF STATE
	ADMINISTRATION.  (a)  The [executive] director of state
	administration is a senior-level [an] employee of the department
	and is appointed by and serves at the pleasure of the adjutant
	general.
	(b)  Subject to Sections 437.052 and 437.054, the
	[executive] director of state administration may enter into
	contracts related to the purposes or duties of the department and
	may have and use a corporate seal.
	(c)  The [executive] director of state administration is
	responsible for the daily administration of the department's state
	support operations [department] and the operational compliance
	with the cooperative agreements between the department and the
	National Guard Bureau.
	(d)  The adjutant general shall adopt and implement a policy
	outlining the director of state administration's responsibility
	for state administrative interests across all department programs,
	including evaluating procedures for oversight of state employees
	and mitigating administrative and other compliance risks.
	SECTION 9.  Section 437.102, Government Code, is amended to
	read as follows:
	Sec. 437.102.  DEPARTMENT PERSONNEL. (a)  The [executive]
	director of state administration may hire employees as necessary to
	carry on the state support operations of the department.
	(b)  The [executive] director of state administration or the
	director of state administration's [executive director's] designee
	shall provide to the adjutant general and to department employees,
	as often as necessary, information regarding the requirements for
	office or employment under this chapter, including information
	regarding a person's responsibilities under applicable laws
	relating to standards of conduct for state officers or employees.
	SECTION 10.  Section 437.104, Government Code, is amended to
	read as follows:
	Sec. 437.104.  CAREER LADDER PROGRAM; PERFORMANCE
	EVALUATIONS.  (a)  The [executive] director of state administration
	shall develop a career ladder program. The program must require
	intra-agency postings of all non-entry level positions
	concurrently with any public posting.
	(b)  The [executive] director of state administration shall
	develop a system of employee performance evaluations. The system
	must require that evaluations be conducted at least annually. All
	merit pay for department employees must be based on the system
	established under this subsection.
	SECTION 11.  Section 437.108, Government Code, is amended to
	read as follows:
	Sec. 437.108.  TECHNOLOGY POLICY. The department shall
	develop and implement a policy requiring the [executive] director
	of state administration and department's employees to research and
	propose appropriate technological solutions to improve the
	department's ability to perform its functions.  The technological
	solutions must:
	(1)  ensure that the public is able to easily find
	information about the department on the Internet;
	(2)  ensure that persons who want to use the
	department's services are able to:
	(A)  interact with the department through the
	Internet; and
	(B)  access any service that can be provided
	effectively through the Internet; and
	(3)  be cost-effective and developed through the
	department's planning processes.
	SECTION 12.  Section 437.151(a), Government Code, is amended
	to read as follows:
	(a)  The real property advisory council is composed of the
	following eight members:
	(1)  two deputy adjutants general;
	(2)  the [executive] director of state administration;
	and
	(3)  five public members who are not actively serving
	in the Texas National Guard and who have experience in
	architecture, construction management, engineering, property
	management, facilities maintenance management, real estate
	services, or real property law.
	SECTION 13.  This Act takes effect September 1, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1326 was passed by the House on April
	5, 2019, by the following vote:  Yeas 141, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1326 on May 14, 2019, by the following vote:  Yeas 137, Nays 0,
	3 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1326 was passed by the Senate, with
	amendments, on May 3, 2019, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor