HBA-DMD, NLM H.B. 469 76(R)BILL ANALYSIS
Office of House Bill AnalysisH.B. 469
By: Wise
State, Federal, & International Relations
7/30/1999Enrolled
BACKGROUND AND PURPOSE
Prior to the 76th Legislature, prospective judge advocates, court-martial
counsel, and legal officers were required to belong to the bar of a federal
court in order to be eligible for appointment. Legal officers and members
of the state military forces on a "state" duty status are eligible to serve
on general and special courts-martial and administer oaths for the purpose
of military administration. The purpose of this bill is to remove the
requirement for judge advocates and legal officers to belong to the bar of
a federal court and to clarify the term "state" duty status.
H.B. 469 provides that a military officer, a judge advocate, and a legal
officer must be a member of the State Bar of Texas, rather than a member of
the bar of a federal court, to be eligible for appointment as a state judge
advocate general. This bill clarifies that court members, legal officers,
and members of the state military forces in any official duty status are
eligible to serve on general and special courts-martial and administer
oaths, respectively.
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 432.001(7), Government Code, to redefine "judge
advocate" to mean a commissioned officer appointed by the adjutant general
under Section 432.005(b) to serve as a judge advocate. Deletes language
from existing text which defines a judge advocate as a commissioned officer
certified by the state judge advocate general.
SECTION 2. Amends Sections 432.005 (a) and (b), Government Code, to
provide that a state military officer must be a member of the State Bar of
Texas to be eligible for appointment as a state judge advocate general and
that a state military officer must be a member of the State Bar of Texas to
be eligible for appointment as a judge advocate or legal officer. Deletes
existing language which states that an appointee must be a member of the
bar of a federal court and of the highest court of this state. Makes a
nonsubstantive change.
SECTION 3. Amends Section 432.042, Government Code, to authorize any
commander in the grade of lieutenant colonel or higher in the state
military forces not in federal service to convene a special court-martial.
Deletes existing text which extends the authority to convene a special
court-martial to the commanding officer of a garrison, fort, post, camp,
air base, auxiliary air base, or other place where troops are on duty, or
of a division, brigade, regiment, wing, group, detached battalion, separate
squadron, or other detached command, or other superior authority.
SECTION 4. Amends Section 432.043, Government Code, to authorize any
commander in the grade of major or higher in the state military forces not
in federal service to convene a summary courtmartial. Deletes existing
text which extends the authority to convene a summary court-martial to the
commanding officer of garrison, fort, post, camp, air base, auxiliary air
base, or other place where troops are on duty, regiment, wing, group,
detached battalion, detached squadron, detached company or other
detachment.
SECTION 5. Amends Sections 432.044 (b) and (c), Government Code, to apply
the provisions of these sections to a warrant officer or an enlisted
member of the state military forces in a duty status, rather than a state
duty status, respectively.
SECTION 6. Amends Section 432.045 (b), Government Code, to provide that a
military judge must be a member of the State Bar of Texas, rather than a
member of the bar of a federal court and of the highest court of this
state.
SECTION 7. Amends Sections 432.046 (b) and (c), Government Code, as
follows:
(b) Includes the provision that trial counsel or defense counsel detailed
for a general courtmartial must be a member of the State Bar of Texas,
rather than a graduate of an accredited law school and a member of the bar
of a federal court or of the highest court of a state.
(c) Makes conforming changes.
SECTION 8. Amends Section 432.108, Government Code, as follows:
Sec. 432.108. REVIEW BY STATE JUDGE ADVOCATE GENERAL.
(a) Expands the provisions of this section to include any case reviewable
by the state judge advocate general, rather than a case under this section
only.
(b) Expands the provisions of this section to include any case reviewable
by the state judge advocate general, rather than only a case under this
section and Section 432.107 (Disposition of Records After Review by
Convening Authority).
SECTION 9. Amends Sections 432.109 (a) and (f), Government Code, as
follows:
(a) Provides that a person is eligible for appointment under this section
as judge to the Texas Court of Military Appeals if the person is a member
of the State Bar of Texas, rather than a member of the bar of the highest
court of this state, a member of a federal bar, and a graduate of an
accredited school of law. Makes conforming changes.
(f) Includes within the appellate jurisdiction of the Texas Court of
Military Appeals a summary court-martial case in which a judge of this
court has made a determination that there may be a constitutional issue
involved.
SECTION 10. Amends Section 432.127 (b), Government Code, to delete the
provision that subjects a person to punishment under this chapter for
soliciting or advising others to commit an act of misbehavior before the
enemy in violation of Section 432.144 (which is repealed by this Act).
SECTION 11. Amends Sections 432.182 (a) and (b), Government Code, as
follows:
(a) Includes a summary courts-martial officer among the list of persons
subject to the provisions of this subsection. Deletes language which
provides that only persons on state active duty are subject to this
section.
(b) Makes a conforming change.
SECTION 12. Amends Section 432.184 (b), Government Code, to apply the
provisions of this subsection to a member of the state military forces in
the line of duty while the member was not in federal service as determined
by the adjutant general, rather than while the member was on active state
duty as determined by a finding of fact made by a court of inquiry under
Section 432.181 (Courts of Inquiry). Makes a conforming change.
SECTION 13. Repealer: Sections 432.144, 432.145, 432.146, 432.147,
432.148, 432.149, and 432.150, Government Code (Misbehavior Before Enemy;
Subordinate Compelling Surrender; Improper Use of Countersign; Forcing
Safeguard; Captured or Abandoned Property; Aiding Enemy, and Misconduct of
Prisoner, respectively).
SECTION 14. (a) Effective date: September 1, 1999.
(b) Makes application of Sections 432.046 (b) and
(c), as amended by this Act, prospective.
SECTION 15. Emergency clause.