HB5308

Regular Session

Relating to certain authorities of the adjutant general for procurement and construction.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

Texas Military Department (Adjutant General)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Effective immediately upon signature due to supermajority vote).
Compliance Deadline: Immediate. All new solicitations and contract negotiations must recognize the AG's independent authority.
Agency Rulemaking: The TMD is not explicitly mandated to create new administrative rules, but the broad grant of "all powers necessary" suggests the AG will issue internal procurement directives. Expect a "regulatory gray zone" for 60-90 days while the TMD establishes its specific procurement protocols separate from standard state processes.

Immediate Action Plan

1. Audit Active Bids: Immediately review any pending proposals for military facilities. Contact the procurement officer to confirm if the solicitation will proceed or be re-issued under the AG's new authority.
2. Update Legal Templates: Revise standard Master Service Agreements (MSAs) to reflect the Adjutant General as the primary counterparty for military projects.
3. Adjust COIs: Notify your insurance broker to prepare to list the Adjutant General as a distinct certificate holder for upcoming awards.
4. Monitor Texas Register: Assign compliance staff to watch for emergency rulemaking from the TMD defining their new procurement processes.

Operational Changes Required

Contracts

Counterparty Updates: Future contracts must cite the "Adjutant General of the State of Texas" as the contracting entity under Section 437.054(a), Government Code, rather than the Texas Facilities Commission.
Novation Risk: If you hold active multi-year agreements for military facility maintenance managed by TFC, prepare for potential contract novation or administrative transfer to the TMD.
Insurance: Update Certificates of Insurance (COI) for new bids. The "Certificate Holder" must specifically name the Adjutant General in their capacity as a public authority to ensure payment processing.

Hiring/Training

Bid Monitoring: Direct your business development teams to monitor TMD-specific channels. Reliance on general Electronic State Business Daily (ESBD) filters for "Texas Facilities Commission" will result in missed opportunities for military projects.
Proposal Strategy: Retrain proposal writers to address the AG’s specific strategic priorities rather than generic state construction standards.

Reporting & Record-Keeping

Vendor Registration: Verify vendor status directly with the TMD. The AG's new corporate status may necessitate agency-specific pre-qualification forms distinct from the Centralized Master Bidders List (CMBL).

Fees & Costs

No New Statutory Fees: There are no new state fees.
Administrative Overhead: Anticipate a slight increase in administrative costs associated with managing a separate procurement silo (TMD) distinct from the centralized state pool.

Strategic Ambiguities & Considerations

Procurement Code Applicability: The statute grants the AG "all powers necessary." It is legally ambiguous whether this exempts the AG from specific chapters of the Texas Government Code regarding competitive bidding thresholds or standard "Best Value" determinations.
Dispute Resolution: While the AG is defined as a "body politic," sovereign immunity remains. However, the specific administrative process for bid protests or contract disputes may now diverge from established State Office of Administrative Hearings (SOAH) procedures used by other agencies.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsPurchasing Purchasing--state Adjutant General

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 5308

By: Cortez

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The adjutant general has the authority for all actions related to construction, rental, control, maintenance, operation, and disposition of Texas Military Department facilities, real estate, property, and equipment. The procurement required to do this is inherent in the authority for construction. The bill author has informed the committee that the current requirement for the comptroller of public accounts to have all actions over $100,000 reviewed by the statewide procurement division does not increase efficiency or save on costs, only adding time and additional unnecessary steps to the process that the Texas Military Department has been effectively managing since 2007. H.B. 5308 seeks to address this issue by clearly granting the adjutant general all powers necessary for procurement related to construction of Texas military forces facilities and real property and all associated property and equipment.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5308 amends the Government Code to grant the adjutant general all powers necessary for procurement related to construction of Texas military forces facilities and real property and all associated property and equipment.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Philip CortezDemocrat · Primary Author

Joint Authors

Josey Garcia (D)

Senate Sponsor

Sen. Donna CampbellRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 5308

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to certain authorities of the adjutant general for
	procurement and construction.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 437.054(a), Government Code, is amended
	to read as follows:
	(a) The adjutant general is the decision-making authority
	on all matters concerning the location and maintenance of military
	forces and facilities in this state. The adjutant general may set
	priorities for the construction, renovation, repair, and
	maintenance of Texas military forces armories, facilities, and
	improvements owned or leased by this state. The adjutant general in
	this capacity is a public authority and a body politic and corporate
	and has all powers necessary for the acquisition and procurement
	related to construction, construction, rental, control,
	maintenance, operation, and disposition of Texas military forces
	facilities and real property and all associated property and
	equipment.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 29, 2025

TO:	Honorable Cole Hefner, Chair, House Committee on Homeland Security, Public Safety & Veterans' Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB5308 by Cortez (Relating to certain authorities of the adjutant general for procurement and construction.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

401 Military Department

LBB Staff:

JMc, MGol, CSh, HE

Related Legislation

Explore more bills from this author and on related topics

Frequently Asked Questions

Common questions about HB5308

What does Texas HB5308 do?

HB 5308 fundamentally restructures procurement for the Texas Military Department (TMD) by designating the Adjutant General (AG) as a "body politic and corporate" with independent authority over real estate and construction. This decentralization removes military facility projects from the oversight of the Texas Facilities Commission, requiring general contractors, architects, and real estate developers to engage directly with the AG’s office for all future armory and facility projects. Implementation Timeline Effective Date: June 20, 2025 (Effective immediately upon signature due to supermajority vote).

Who authored HB5308?

HB5308 was authored by Texas Representative Philip Cortez during the Regular Session.

When was HB5308 signed into law?

HB5308 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB5308?

HB5308 is enforced by Texas Military Department (Adjutant General).

How urgent is compliance with HB5308?

The compliance urgency for HB5308 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB5308?

The cost impact of HB5308 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB5308 address?

HB5308 addresses topics including purchasing, purchasing--state and adjutant general.

Legislative data provided by LegiScanLast updated: November 25, 2025

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.