41.753. Definitions--military installation commander's search and seizure powers--organized militia members, rights and immunities.
Definitions--military installation commander's search and seizurepowers--organized militia members, rights and immunities.
41.753. 1. As used in this section, the following terms mean:
(1) "Commanding officer", the installation commander or officer incharge of any military facility; and
(2) "Military facility", any place under temporary or primary controlof the militia which is devoted to military duty, including any campground,parade ground, exercise field, armory, fort, compound, training sites ormilitary base.
2. When, in the determination of the commanding officer or suchcommanding officer's representative, an emergency situation or exigentcircumstance exists upon any military facility, the commanding officer maydirect the exercise of any and all powers of search and seizure within themilitary facility upon any person or property found to be within themilitary facility.
3. Incoming nonmilitary persons shall not be searched over theirobjection, but may be denied the right of entry upon refusal to consent tosearch. All persons entering facilities shall be advised in advance by asign prominently displayed that they are liable to search upon entry, andwhile within the confines of the military facility or upon exit. Anyperson who enters upon or within any military facility shall be deemed tohave given consent to be searched pursuant to the authority granted in thissection.
4. Members of the organized militia in active service shall have thesame rights and immunities as other conservators of the peace pursuant tothe laws of the state in the performance of their duty in reliance on theauthority granted in this section.
(L. 1996 H.B. 1295)