Executive Order RP46 - August 3, 2005

BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
August 3, 2005

WHEREAS, the Texas Adjutant General's Department and the Texas Military Facilities Commission currently perform construction and maintenance functions in support of the Texas National Guard; and

WHEREAS, these overlapping functions present the opportunity for the State of Texas to improve upon the efficiency of its government; and

WHEREAS, the Texas National Guard is facing an historic reorganization of its facilities due to the current base realignment and closure process; and

WHEREAS, it is the intent of the Governor and in the best interests of the State of Texas that the functions of the Texas Military Facilities Commission be continued within the Adjutant General's Department; and

WHEREAS, pursuant to Article IV, Section 14 of the Texas Constitution, the 2006-2007 line item appropriations of the Texas Military Facilities Commission contained in Senate Bill No. 1, 79th Texas Legislature, Regular Session, were disapproved and vetoed; and

WHEREAS, the 2006-07 rider appropriations of the Texas Military Facilities Commission were properly approved and not vetoed so that all debt service obligations of the Commission could be paid and all locally held funds and funds derived from the sale of property could be used to enter into an interagency agreement with the Adjutant General's Department to perform necessary functions;

NOW, THEREFORE, I, Rick Perry, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, do hereby order the following:

Revenue Bonds. The Texas Military Facilities Commission shall use all rent payments received from the Adjutant General's Department and appropriated by Rider No. 5, Bond Indenture Revenues in Article V of Senate Bill No. 1, 79th Texas Legislature, Regular Session, to meet its obligations under outstanding bond covenants.

The commission shall work with the Office of the Governor, Legislative Budget Board, Texas Public Finance Authority, and the Adjutant General's Department on a plan to transfer responsibility for these existing obligations to the Texas Public Finance Authority.

Interagency Agreement. The Adjutant General's Department shall develop an interagency agreement with the Texas Military Facilities Commission whereby the Department will agree to provide administrative support to the Commission, undertake maintenance projects identified by the Commission, and pay personnel costs associated with those projects.

Funding. The Commission shall use all funds appropriated by rider, including locally held funds, for facility maintenance, repair, and renovation, for the purpose of entering into the interagency agreement specified above to carry out these functions.

Future Projects. The Texas Adjutant General's Department shall develop a proposal for approval by the Office of the Governor and the Legislative Budget Board on how existing funds held outside of the treasury can be used to address the future critical needs of the Texas National Guard armories.

Interim Report. The Texas Adjutant General's Department and the Military Facilities Commission will collaborate to produce and submit a proposal to the Office of the Governor, the Legislative Budget Board, and the Sunset Advisory Commission related to how the two agencies can best be statutorily consolidated.

This executive order supersedes all previous orders in conflict or inconsistent with its terms and shall remain in effect and in full force until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Given under my hand this the 3rd day of August, 2005.

RICK PERRY
Governor

ATTESTED BY:
ROGER WILLIAMS
Secretary of State