HBA-NLM H.B. 469 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 469 By: Wise State, Federal, & International Relations 3/23/1999 Introduced BACKGROUND AND PURPOSE Currently, prospective judge advocates, court-martial counsel, and legal officers are 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 which are 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 military officer, a judge advocate, and a legal officer must be a member of the State Bar of Texas to be eligible for appointment as a state judge advocate general. 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 to convene a special court-martial. 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 to convene a summary court-martial. 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. 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 on 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. (f) Includes within the jurisdiction of the Texas Court of Military Appeals a summary courtmartial 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 the solicitation or advisement to 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 court-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. 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.