CHAPTER 431. STATE MILITIA
GOVERNMENT CODETITLE 4. EXECUTIVE BRANCHSUBTITLE C. STATE MILITARY FORCES AND VETERANSCHAPTER 431. STATE MILITIASUBCHAPTER A. GENERAL PROVISIONSSec. 431.001. DEFINITIONS. In this chapter:(1) "Reserve militia" means the persons liable to serve, but not serving, in the state military forces.(1-a) "Servicemember" has the meaning assigned by Section 161.551, Health and Safety Code.(2) "State militia" means the state military forces and the reserve militia.(3) "State military forces" means the Texas National Guard, the Texas State Guard, and any other active militia or military force organized under state law.(4) "Texas National Guard" means the Texas Army National Guard and the Texas Air National Guard.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1381, Sec. 1, eff. September 1, 2007.
Sec. 431.002. COMMANDER-IN-CHIEF. (a) The governor is the commander-in-chief of the state military forces, except any portion of those forces in the service of the United States, and has full control and authority over all matters relating to the state military forces, including their organization, equipment, and discipline.(b) If the governor is unable to perform the duties of commander-in-chief, the adjutant general shall command the state military forces, unless other state law requires the lieutenant governor or the president of the senate to perform the duties of governor.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.003. GOVERNOR'S MILITARY STAFF. (a) The governor's military staff consists of:(1) the adjutant general;(2) the assistant adjutants general;(3) one aide-de-camp appointed by the governor from the Texas Army National Guard;(4) one aide-de-camp appointed by the governor from the Texas Air National Guard; and(5) one aide-de-camp appointed by the governor from the Texas State Guard.(b) An aide-de-camp may be removed from the position by the governor. While serving, an aide-de-camp may not have a rank above the grade of lieutenant colonel. Service as an aide-de-camp does not make a person ineligible to hold an office of emolument, trust, or honor within the state or to serve as chairman or member of a committee of a political party or organization.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 613, Sec. 1, eff. June 15, 1991.
Sec. 431.004. REGULATING STATE MILITARY FORCES. (a) The governor shall make and publish regulations, according to existing military law, to govern the state military forces. The regulations must cover all general orders and forms for the performance of duties of persons in the military service, including the rules governing courts-martial.(b) The governor, for cause the governor considers good and sufficient, may muster out of the service or reorganize any portion of the Texas National Guard or reserve militia.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.005. LEAVE OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES. (a) Except as provided by Subsection (b), a person who is an officer or employee of the state, a municipality, a county, or another political subdivision of the state and who is a member of the state military forces, a reserve component of the armed forces, or a member of a state or federally authorized Urban Search and Rescue Team is entitled to a paid leave of absence from the person's duties on a day on which the person is engaged in authorized training or duty ordered or authorized by proper authority for not more than 15 workdays in a federal fiscal year. During a leave of absence the person may not be subjected to loss of time, efficiency rating, personal time, sick leave, or vacation time.(b) A member of the legislature is entitled to pay for all days that the member is absent from a session of the legislature and engaged in training and duty as provided by Subsection (a).(c) A state employee who is a member of the state military forces, a reserve component of the armed forces, or a member of a state or federally authorized Urban Search and Rescue Team and who is ordered to duty by proper authority is entitled, when relieved from duty, to be restored to the position that the employee held when ordered to duty.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 441, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 1257, Sec. 1, eff. Oct. 1, 1989; Acts 2003, 78th Leg., ch. 175, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 971, Sec. 1, eff. June 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 728, Sec. 8.003, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 10.01, eff. September 1, 2007.
Sec. 431.0055. DUAL OFFICE HOLDING. A position in or membership in the state military forces is not considered to be a civil office of emolument.
Added by Acts 2009, 81st Leg., R.S., Ch. 764, Sec. 2, eff. January 1, 2010.
Sec. 431.006. REEMPLOYMENT OF PERSON CALLED TO TRAINING OR DUTY. (a) A private employer may not terminate the employment of a permanent employee who is a member of the state military forces of this state or any other state because the employee is ordered to authorized training or duty by proper authority. The employee is entitled to return to the same employment held when ordered to training or duty and may not be subjected to loss of time, efficiency rating, vacation time, or any benefit of employment during or because of the absence. The employee, as soon as practicable after release from duty, must give written or actual notice of intent to return to employment.(b) A person injured by a violation of this section is entitled to:(1) damages in an amount not exceeding six months' compensation at the rate at which the person was compensated when ordered to training or duty; and(2) reasonable attorney's fees approved by the court.(c) It is a defense to an action under this section that the employer's circumstances changed while the employee was in training or on duty to an extent that makes reemployment impossible or unreasonable. The employer has the burden of proving the impossibility or unreasonableness of reemploying the employee under the employer's changed circumstances.(d) An employer may not delay or attempt to defeat a reemployment obligation under this section by demanding documentation that does not exist or is not readily available at the time notice is given under Subsection (a).
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 335, Sec. 1, eff. May 24, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 365, Sec. 1, eff. June 15, 2007.
Sec. 431.007. OATH. (a) A commissioned officer of the state military forces may administer oaths for purposes of military administration. The officer's signature, without seal, and the title of the officer's assignment is prima facie evidence of the officer's authority.(b) A person appointed, enlisted, or drafted in the state military forces shall take and subscribe an oath in the following form:"I, ________________________, do solemnly swear that I will bear true faith and allegiance to the State of Texas and to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the governor of Texas, and the orders of the officers appointed over me, according to the laws, rules, and articles for the government of the military forces of the State of Texas."
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.008. COMMISSIONS. (a) A commission in the state military service must be:(1) in the name and by authority of the state;(2) sealed with the state seal;(3) signed by the governor and attested by the secretary of state;(4) recorded by the adjutant general in a record book kept in the adjutant general's office for that purpose; and(5) conferred without fee.(b) On the recommendation of the commanding officer of an officer or noncommissioned officer of the state military forces, the governor may confer on the officer or noncommissioned officer a brevet of a grade higher than the ordinary commission or brevet held by the officer or noncommissioned officer, for gallant conduct or meritorious state military service of not less than 25 years.(c) The governor may confer on an officer in active service in the state military forces who has previously served in the forces of the United States during a war a brevet of a grade equal to the highest grade in which the officer previously served.(d) A commission under Subsection (b) or (c) carries only the privileges or rights allowed for similar commissions in the military service of the United States.(e) The governor, without examination, may appoint and confer a brevet of second lieutenant on an enlisted person who has served well and faithfully in the state military forces for 25 years or more. The person shall immediately be placed on the retired list.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 13, Sec. 1, eff. Aug. 28, 1989.
Sec. 431.009. MILITARY UNIT AS CORPORATE BODY. (a) A military unit mustered into the state military forces by authority of the governor is, from the time of its muster, a body corporate and politic, and may:(1) take, purchase, own in fee simple, hold, transfer, mortgage, pledge, and convey, under its corporate name, real or personal property of a value, when acquired, of not more than $200,000;(2) sue and be sued, plead and be impleaded, and prosecute and defend in court under its corporate name;(3) have and use a common seal in a form it adopts;(4) adopt bylaws to govern and regulate its affairs, consistent with state law and United States law and the orders and regulations of the governor; and(5) otherwise act as necessary and proper to carry out its purpose.(b) The officers of the unit, and in the case of a military band the noncommissioned officers, are its directors. The senior officer is its president.(c) The power of a unit to hold or handle property is not affected by a natural increase in the property's value after it is acquired.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.010. ORGANIZATION PROHIBITED. (a) Except as provided by Subsection (b), a body of persons other than the regularly organized state military forces or the troops of the United States may not associate as a military company or organization or parade in public with firearms in a municipality of the state.(b) With the consent of the governor, students in an educational institution at which military science is a prescribed part of the course of instruction and soldiers honorably discharged from the service of the United States may drill and parade with firearms in public.(c) This section does not prevent a parade by the active militia of another state as provided by law.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.011. FOREIGN TROOPS. A military force from another state, territory, or district, except a force that is part of the United States armed forces, may not enter the state without the permission of the governor.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.012. INTERFERENCE WITH STATE MILITARY FORCES. (a) A person who intentionally hinders, delays, or obstructs or who intentionally attempts to hinder, delay, or obstruct a portion of the state military forces on active duty in the service of the state in performance of a military duty commits an offense. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, by imprisonment for not less than one month nor more than one year, or by both.(b) The commanding officer of a portion of the state military forces parading or performing a military duty in a street or highway may require a person in the street or highway to yield right-of-way to the forces, except that the commanding officer may not interfere with the carrying of the United States mail, a legitimate function of the police, or the progress or operation of a hospital ambulance or fire department.(c) During an occasion of duty, a commanding officer may arrest a person who:(1) trespasses on the campground, parade ground, armory, or other place devoted to the duty;(2) interrupts or molests the orderly discharge of duty by those under arms; or(3) disturbs or prevents the passage of troops going to or coming from duty.(d) The commanding officer may prohibit and abate as a common nuisance a huckster or auction sale or gambling on the post, campground, or place of encampment, parade, or drill under the officer's command.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.013. EXPENDITURES. The comptroller may not issue a warrant on or initiate an electronic funds transfer from the state treasury for an expenditure under this chapter unless the expenditure is approved by the adjutant general or the adjutant general's designee before payment.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 641, Sec. 18, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 50, Sec. 1, eff. May 15, 2003.
Sec. 431.014. COMPANY FUND. The commanding officer of each company is the custodian of the company fund. The commanding officer shall:(1) receive, safely keep, and properly disburse, as the governor may require, the money trusted to the commanding officer's care; and(2) submit to the adjutant general, on June 30 and December 31 of each year, an itemized statement of money received and disbursed during the preceding six months.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.015. ASSIGNMENT OF PAY. An assignment of pay by an officer or enlisted person is not valid, except as otherwise provided by the governor.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.016. PAY AND OTHER BENEFITS. (a) The state, according to adjutant general regulations, shall make suitable provision for the pay, transportation, subsistence, and quarters of state troops on active state duty.(b) Pay and benefits received by members of the state military forces under this chapter are not a gratuity, but are compensation for services for which the member bargained as a condition of enlistment and employment.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.017. CERTAIN BENEFITS AND PROTECTIONS FOR STATE SERVICE. A member of the state military forces who is ordered to active state duty by the governor or by other proper authority under the law of this state is entitled to the same benefits and protections provided:(1) to persons performing service in the uniformed services by 38 U.S.C. Sections 4301-4313 and 4316-4319, as that law existed on April 1, 2003; and(2) to persons in the military service of the United States by 50 App. U.S.C. Sections 501-536, 560, and 580-594, as that law existed on April 1, 2003.
Added by Acts 2003, 78th Leg., ch. 216, Sec. 1, eff. June 18, 2003.
Sec. 431.0175. GRAVE MARKERS FOR STATE MILITARY PERSONNEL. (a) On the request of a person listed in Subsection (b), the adjutant general shall provide a grave marker for a decedent who served in the state military forces.(b) The following persons may request a grave marker from the adjutant general:(1) the decedent's spouse;(2) the decedent's adult children, if there is no spouse;(3) the decedent's parents, if there is no spouse or adult child;(4) the decedent's brothers or sisters, if there is no spouse, adult child, or parent; or(5) the executor or administrator of the decedent's estate, if there is no spouse, adult child, parent, or brother or sister.(c) A person is not eligible for a grave marker under this section if the person is eligible for a grave marker under federal law.(d) The adjutant general shall model the grave markers after the grave markers provided by the federal government.(e) The adjutant general shall adopt rules to implement this section.
Added by Acts 2005, 79th Leg., Ch. 1053, Sec. 1, eff. September 1, 2005.
Sec. 431.018. MILITARY FACILITIES PROJECTS: MATCHING FEDERAL FUNDS. If the governor, after consulting with the adjutant general, finds that the state is eligible for federal matching funds for projects at military facilities in this state, the governor may direct that money appropriated for the purpose be used to obtain the federal matching funds.
Added by Acts 2003, 78th Leg., ch. 949, Sec. 1, eff. Sept. 1, 2003.Renumbered from Government Code, Section 431.017 by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(30), eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 1, eff. September 1, 2007.
Sec. 431.0185. TESTING FOR EXPOSURE TO DEPLETED URANIUM. (a) In this section:(1) "Depleted uranium" means uranium containing less uranium-235 than the naturally occurring distribution of uranium isotopes.(2) "Eligible member" means a member or former member of the Texas National Guard who served:(A) in an area designated as a combat zone or qualified hazardous duty area by the president of the United States during Operation Enduring Freedom or Operation Iraqi Freedom; or(B) in any other military assignment in which there was a high probability that the person was exposed to depleted uranium from exploded munitions containing depleted uranium.(3) "Medically qualified screening test" means:(A) a best practice health screening test for exposure to depleted uranium using a bioassay procedure involving:(i) sensitive methods capable of detecting depleted uranium at low levels; and(ii) the use of equipment with the capacity to discriminate between different radioisotopes in naturally occurring levels of uranium and the characteristic ratio and marker for depleted uranium; or(B) a closely comparable test that is equally capable or more capable of detecting depleted uranium at low levels in the body.(4) "Military physician" includes a physician who is under contract with the United States Department of Defense to provide physician services to members of the armed forces.(b) The adjutant general and the Texas Veterans Commission shall assist an eligible member to obtain federal government treatment services, including a medically qualified screening test, if the eligible member:(1) has been assigned a risk level I, II, or III for depleted uranium exposure by the member's branch of service;(2) is referred by a military physician; or(3) has reason to believe that the member was exposed to depleted uranium during military service.
Added by Acts 2007, 80th Leg., R.S., Ch. 1376, Sec. 1, eff. September 1, 2007.
SUBCHAPTER B. ADJUTANT GENERAL'S DEPARTMENTSec. 431.021. DEFINITIONS. In this subchapter:(1) "Bond" includes a debenture or other evidence of indebtedness.(2) "Department" means the adjutant general's department.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 2, eff. September 1, 2007.
Sec. 431.022. ADJUTANT GENERAL. (a) The adjutant general is the head of the adjutant general's department and controls the military department of the state. The adjutant general is subordinate only to the governor in matters pertaining to the military department of the state and the state military forces. The adjutant general has the rank not to exceed lieutenant general at the discretion of the governor. Federal recognition is at the rank authorized by the National Guard Bureau, not to exceed lieutenant general.(b) The adjutant general is appointed by the governor, with the advice and consent of the senate if in session, to a term expiring February 1 of each odd-numbered year. To be qualified for appointment as adjutant general a person must:(1) when appointed be serving as a federally recognized officer of not less than field grade in the Texas National Guard;(2) have previously served on active duty or active duty for training with the army, air force, or marines; and(3) have completed at least 10 years' service as a federally recognized reserve or active duty commissioned officer with an active unit of the United States armed forces, the National Guard, or the Texas National Guard, including at least five years with the Texas National Guard.(c) The appointment of the adjutant general shall be made without regard to the race, color, sex, religion, or national origin of the appointee.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1021, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1415, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1234, Sec. 1, eff. June 20, 2003.
Sec. 431.0225. CONFLICT OF INTEREST PROVISIONS. (a) A person may not be appointed adjutant general or act as the judge advocate general to the adjutant general or the department if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the department.(b) An officer, employee, or paid consultant of a Texas trade association in the field of defense or veterans affairs may not be appointed adjutant general or be an employee of the department who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.(c) A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of defense or veterans affairs may not be appointed adjutant general and may not be an employee of the department who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.(d) For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 1997, 75th Leg., ch. 1021, Sec. 2, eff. Sept. 1, 1997.
Sec. 431.023. SUNSET PROVISION. The adjutant general's department is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this subchapter expires September 1, 2015.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 3.05, eff. Nov. 12, 1991; Acts 1997, 75th Leg., ch. 1021, Sec. 3, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 3, eff. September 1, 2007.
Sec. 431.0245. MANDATORY TRAINING FOR ADJUTANT GENERAL. (a) Before the adjutant general may assume the duties of the office and before the adjutant general may be confirmed by the senate, the adjutant general must complete at least one course of the training program established under this section.(b) A training program established under this section shall provide information to the adjutant general regarding:(1) the enabling legislation that created the department;(2) the federal and state programs operated by the department;(3) the federal and state roles and functions of the department;(4) the rules of the department with an emphasis on the rules that relate to disciplinary and investigatory authority;(5) the current budget for the department with emphasis on state and federal funds;(6) the results of the most recent formal federal and state audits of the department;(7) the requirements of:(A) the open records law, Chapter 552; and(B) the Freedom of Information Act (5 U.S.C. Section 552);(8) the requirements of the conflict of interest laws and other laws relating to public officials;(9) any applicable ethics policies adopted by the department or the Texas Ethics Commission; and(10) the requirements and development of the Master Cooperative Agreement between the state and federal governments.
Added by Acts 1997, 75th Leg., ch. 1021, Sec. 4, eff. Sept. 1, 1997.
Sec. 431.025. SEAL. The seal of the adjutant general consists of a five-pointed star with "Office of Adjutant General, State of Texas" around the margin.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.0255. REMOVAL PROVISIONS. (a) It is a ground for removal if the adjutant general:(1) does not have at the time of appointment the qualifications required by Section 431.022;(2) does not maintain during service as adjutant general the qualifications required by Section 431.022;(3) violates a prohibition established by Section 431.0225; or(4) cannot because of illness or disability discharge the adjutant general's duties for a substantial part of the term for which the adjutant general is appointed.(b) The validity of an action of the adjutant general is not affected by the fact that it is taken when a ground for removal exists.(c) If a potential ground for removal exists, the assistant adjutant general with the longest tenure in that position in the department shall notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1997, 75th Leg., ch. 1021, Sec. 5, eff. Sept. 1, 1997.
Sec. 431.026. ASSISTANT ADJUTANTS GENERAL. (a) On recommendation of the adjutant general, the governor shall appoint an assistant adjutant general for army, a deputy assistant adjutant general for army, and an assistant adjutant general for air. To be qualified for appointment a person must have the qualifications required for appointment as adjutant general under Section 431.022(b).(b) Before taking office an appointee shall take and subscribe to the oath of office prescribed for officers of the Texas National Guard. This oath shall be filed in the adjutant general's office.(c) An assistant or deputy assistant adjutant general has the rank prescribed by the governor, not to exceed the grade authorized for federal recognition in the position, and is entitled to the rights, privileges, and immunities granted officers of that rank in the Texas National Guard. The assistant or deputy assistant adjutant general may be removed from office by the governor.(d) An assistant or deputy assistant adjutant general shall aid the adjutant general by performing assigned duties. If the adjutant general is dead, absent, or unable to act, the assistant adjutant general who is senior in rank shall perform the duties of the adjutant general.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1021, Sec. 6, eff. Sept. 1, 1997.
Sec. 431.027. SALARIES. The adjutant general and each assistant adjutant general are entitled to salaries in the amounts designated in a line item in the General Appropriations Act.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.028. PERSONNEL. (a) The adjutant general may employ clerks, employees, and laborers as necessary to carry on the operations of the department.(b) The adjutant general or the adjutant general's designee shall provide to department employees, as often as necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.(c) The adjutant general or the adjutant general's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the department. The program shall require intra-agency posting of all positions concurrently with any public posting.(d) The adjutant general or the adjutant general's designee shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for department employees must be based on the system established under this subsection.(e) The adjutant general or the adjutant general's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include:(1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with the requirements of Chapter 21, Labor Code;(2) a comprehensive analysis of the department's workforce that meets federal and state laws, rules, and regulations and instructions directly promulgated from those laws, rules, and regulations;(3) procedures by which a determination can be made about the extent of underuse in the department's workforce of all persons for whom federal or state laws, rules, and regulations and instructions directly promulgated from those laws, rules, and regulations encourage a more equitable balance; and(4) reasonable methods to appropriately address those areas of underuse.(f) A policy statement prepared under Subsection (e) must cover an annual period, be updated annually and reviewed by the Commission on Human Rights for compliance with Subsection (e)(1), and be filed with the governor's office.(g) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (f). The report may be made separately or as a part of other biennial reports made to the legislature.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1021, Sec. 7, eff. Sept. 1, 1997.
Sec. 431.029. GENERAL DUTIES. The adjutant general shall:(1) perform duties that the governor assigns relating to the military affairs of the state and conduct the business of the department as the governor directs; (2) perform for the state as near as practicable the duties that pertain to the chiefs of staff of the army and air force and the secretaries of the military services, under regulations and customs of the United States armed forces; (3) control and supervise the transportation of troops, munitions of war, military equipment and property, and stores in the state; (4) take custody and charge of books, records, papers, furniture, fixtures, and other property relating to the department; (5) superintend the preparation of returns and reports required of this state by the United States; (6) keep a register of all officers of the state militia; (7) keep in the adjutant general's office records and papers required to be kept and filed in that office; (8) have printed at state expense, when necessary, state military law and regulations and distribute one copy to each commissioned officer, sheriff, county clerk, and county tax assessor-collector in the state; (9) issue to each commissioned officer and each headquarters one copy of the necessary textbooks and, as the governor directs, annual reports concerning the militia; (10) have prepared and issued all necessary blank books, blank forms, and notices required to carry out this chapter;(11) establish reasonable and necessary fees for the administration of this subchapter; and(12) employ and arm persons as public security officers licensed under Chapter 415, Government Code, for the purposes of protecting property that is under the adjutant general's authority and satisfying applicable security requirements established by the secretaries of the army and air force.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 336, Sec. 1, eff. June 14, 1989.
Sec. 431.0291. GENERAL POWERS. (a) The adjutant general is the exclusive authority for the construction, repair, and maintenance of state military forces armories, facilities, and improvements owned by the state located on department property. The adjutant general in this capacity is a public authority and a body politic and corporate and has all powers necessary for the acquisition, construction, rental, control, maintenance, operation, and disposition of state military forces facilities and real property, including all property and equipment necessary or useful in connection with the facilities.(b) The adjutant general in this capacity may:(1) sue and be sued;(2) enter into contracts in connection with any matter within the adjutant general's purposes or duties in this capacity; and(3) have and use a corporate seal.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 1997.Transferred from Government Code, Section 435.013 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 6, eff. September 1, 2007.
Sec. 431.0292. BORROWING MONEY; ISSUING AND SELLING BONDS. (a) The department from time to time may borrow money under circumstances allowed by the Texas Constitution and may request the Texas Public Finance Authority, on behalf of the department, to issue and sell fully negotiable bonds to acquire one or more building sites or buildings or to construct, remodel, repair, or equip one or more buildings.(b) The Texas Public Finance Authority may sell the bonds in any manner it determines to be in the best interest of the department, except that it may not sell a bond that has not been approved by the attorney general and registered with the comptroller.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 14.04, eff. Jan. 1, 1992; Acts 1997, 75th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 1997.Transferred from Government Code, Section 435.041 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 7, eff. September 1, 2007.
Sec. 431.0293. PUBLIC COMMENT. The adjutant general shall develop and implement policies that provide the public with a reasonable opportunity to appear before the department and to speak on any issue related to the construction, repair, and maintenance of state military forces armories, facilities, and improvements under the jurisdiction of the adjutant general.
Added by Acts 1997, 75th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 1997.Transferred from Government Code, Section 435.014 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 6, eff. September 1, 2007.
Sec. 431.0294. REAL PROPERTY ADVISORY COMMITTEE. (a) The real property advisory committee is composed of the following seven members:(1) two assistant adjutants general; and(2) five public members who are not actively serving in the Texas National Guard and who have experience in architecture, construction management, engineering, property management, real estate services, or real property law.(b) Members of the advisory committee are appointed by and serve at the will of the adjutant general.(c) The adjutant general shall designate one of the public members of the advisory committee as the presiding officer of the advisory committee to serve in that capacity at the pleasure of the adjutant general.(d) The committee shall meet at least two times each fiscal year to advise the adjutant general on:(1) the facility master plan;(2) the future year defense plan;(3) the long range construction plan;(4) the selection of architecture and engineering firms;(5) requests for bonding authority for state military facilities;(6) the disposal or sale of department property;(7) surface leases of department property;(8) natural resources management plans; and(9) environmental studies and agreements.(e) Each public member of the advisory committee is entitled to a per diem as provided by the General Appropriations Act for each day that the member engages in the business of the committee.(f) Each member of the advisory committee is entitled to reimbursement for meals, lodging, transportation, and incidental expenses:(1) under the rules for reimbursement that apply to the member's office or employment, if the member is a state officer or employee; or(2) as provided by the General Appropriations Act if the member is not a state officer or employee.(g) The advisory committee is not subject to Chapter 2110.
Added by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 8, eff. September 1, 2007.
Sec. 431.0295. SERVICE REFERRAL PROGRAM. (a) The department shall develop a program to provide referrals to servicemembers for reintegration services.(b) The program shall:(1) identify and make referrals to community-based organizations that have existing programs that provide reintegration services to servicemembers and their families;(2) focus on early intervention and appropriate referral to promote the health of servicemembers and the children and other family members of the servicemembers;(3) promote family cohesion and sustainability;(4) be based on evidence-based best practices related to meeting the needs of servicemembers and the children and other family members of the servicemembers;(5) be carried out, when appropriate, in a community setting through peer counseling and other means effective for community outreach;(6) use existing service delivery facilities, including churches, National Guard Bureau family education facilities, and veterans centers and support facilities;(7) use community-based and faith-based organizations;(8) be developed and administered in a manner that promotes collaboration of service providers and results in the referral of servicemembers, their children, and other family members to the appropriate federal, state, and community services for which they are eligible; and(9) provide information and referral services regarding the risks and consequences of trauma, including post-traumatic stress disorder, traumatic brain injury, and other conditions for which servicemembers are at risk.(c) The department shall ensure that:(1) each person who provides referrals to servicemembers under the referral program has received sufficient training to ensure that servicemembers receive accurate information; and(2) servicemembers are notified in a timely manner about the service referral program.(d) In developing the referral program, the department shall consult with the state military forces, the National Guard Bureau, the United States Veterans Health Administration, the Texas A&M Health Science Center College of Medicine, and The University of Texas Health Science Center at San Antonio.
Added by Acts 2007, 80th Leg., R.S., Ch. 1381, Sec. 2, eff. September 1, 2007.Renumbered from Government Code, Section 431.0291 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(28), eff. September 1, 2009.
Sec. 431.030. REPORT OF MILITARY USE OF PROPERTY. (a) If the adjutant general receives notice from the asset management division of the General Land Office as provided by Section 31.156, Natural Resources Code, the adjutant general shall produce a report evaluating the military use of any real property under the management and control of the department. The adjutant general shall evaluate the use of the property as required by this subsection according to military criteria for use of real property.(b) Not later than August 1 of the year in which the Commissioner of the General Land Office submits a report as provided by Section 31.157, Natural Resources Code, the adjutant general shall submit a preliminary report of the report required under Subsection (a) to the Commissioner of the General Land Office identifying the real property used for military purposes. Not later than September 1 of the year in which the Commissioner of the General Land Office submits a report as provided by Section 31.157, Natural Resources Code, the adjutant general shall submit the report as required by Subsection (a) to:(1) the governor;(2) the presiding officer of each house of the legislature;(3) the Legislative Budget Board; and(4) the governor's budget office.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 907, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1021, Sec. 8, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1168, Sec. 4, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 4, eff. September 1, 2007.
Sec. 431.0301. ACQUISITION; MANAGEMENT; PLEDGE OF RENTS, ISSUES, AND PROFITS. (a) The adjutant general by gift, lease, or purchase may acquire real and personal property, including leasehold estates in real property, for use for any purpose the adjutant general considers necessary in connection with the state military forces or for the use of units of the state military forces.(b) The adjutant general by gift, purchase, or construction may acquire furniture and equipment suitable for facility purposes.(c) The adjutant general may hold, manage, maintain, lease, or sell the property and may pledge all or part of the rents, issues, and profits of the property.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 1997.Transferred from Government Code, Section 435.021 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 6, eff. September 1, 2007.
Sec. 431.0302. CONSTRUCTION; FURNISHING AND EQUIPMENT. (a) The adjutant general may construct buildings on department real property, whether held in fee simple or otherwise. The adjutant general may furnish and equip the buildings.(b) The adjutant general may construct a building on land comprising a state camp only on a site selected and described by a board of officers. The adjutant general shall select the officers from time to time for that purpose. The officers shall select and describe the site promptly after request by the adjutant general. The officers shall certify the description and furnish a copy of it to the adjutant general, who shall preserve it in the adjutant general's office. If the adjutant general constructs a building on the site selected and described, the site becomes the property of the adjutant general for all purposes of this chapter as if the site had been acquired by gift to or purchase by the adjutant general.(c) If the construction is going to be financed by the issuance of revenue bonds, the adjutant general shall request the Texas Public Finance Authority to issue revenue bonds to pay for the construction.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 1997.Transferred from Government Code, Section 435.022 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 6, eff. September 1, 2007.
Sec. 431.0303. LEASE OF PROPERTY. (a) The adjutant general may lease property to any person under terms the adjutant general determines.(b) The law requiring notice and competitive bids does not apply to a lease under this section.(c) For the purposes of this section the term "lease" includes "sublease."
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 1997.Transferred from Government Code, Section 435.023 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 6, eff. September 1, 2007.
Sec. 431.0304. TRANSFER TO STATE. When property that the Texas Public Finance Authority owns in accordance with Section 431.0307 is fully paid for and free of liens, and all obligations incurred in connection with the acquisition and construction of the property have been fully paid, the Texas Public Finance Authority may donate and transfer the property to the state by appropriate instruments of transfer. The instruments of transfer shall be kept in the custody of the adjutant general's department.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 1997.Transferred from Government Code, Section 435.024 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 6, eff. September 1, 2007.
Sec. 431.0305. DISPOSAL OF CERTAIN SURPLUS PROPERTY. (a) When property that the adjutant general owns or that is transferred to the state under Section 431.0304 is fully paid for and free of liens, and all obligations incurred in connection with the acquisition and construction of the property have been fully paid, the adjutant general may properly dispose of the property if:(1) the property is designated by the adjutant general as surplus; and(2) the disposal is in the best interests of the adjutant general and the state military forces and its components or successors.(b) To accomplish the purposes of Subsection (a), the adjutant general may remove, dismantle, or sever any of the property or authorize its removal, dismantling, or severance.(c) If property under this section is designated for sale, the adjutant general shall sell it to the highest bidder for cash. The adjutant general may reject any or all bids.(d) If property under this section is designated for exchange, the adjutant general may exchange the property for one or more parcels of land equal to or exceeding the value of the property to be exchanged by the adjutant general.(e) A sale, deed, or exchange made under this section must reserve to the state a one-sixteenth mineral interest free of cost of production.(f) The adjutant general may:(1) reconvey to the original grantor or donor all rights, title, and interests, including mineral interests, to all or part of the land conveyed by that person; and(2) convey to the original grantor or donor, on a negotiated basis at fair market value, improvements constructed on the land reconveyed.(g) The adjutant general shall deposit proceeds of sales under this section in the state treasury to the credit of the adjutant general for the use and benefit of the state military forces.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 1997.Transferred from Government Code, Section 435.025 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 6, eff. September 1, 2007.
Sec. 431.0306. TAX STATUS OF PROPERTY. Property held by the adjutant general and rents, issues, and profits of the property are exempt from taxation by the state, a municipality, a county or other political subdivision, or a taxing district of the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 1997.Transferred from Government Code, Section 435.026 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 6, eff. September 1, 2007.
Sec. 431.0307. PROPERTY FINANCED BY REVENUE BONDS. Notwithstanding any other provision of this chapter, property used by the state for military purposes that was acquired, constructed, remodeled, or repaired using money from revenue bonds and that has not yet been transferred under Section 431.0304 is owned by the Texas Public Finance Authority and a reference to the adjutant general in this chapter in relation to that ownership means the Texas Public Finance Authority until the property is transferred.
Added by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 9, eff. September 1, 2007.
Sec. 431.031. SUPPLIES. (a) The adjutant general shall:(1) define and prescribe the kind and amount of supplies to be purchased for state military forces and the duties and powers respecting their purchase;(2) prescribe general regulations for:(A) transportation of supplies from the place of purchase to camps, stations, companies, or other necessary places of safekeeping; and(B) distribution of an adequate and timely supply to commanders of units and to officers entrusted by the regulations with the supplies; and(3) fix and make reasonable allowance for store rent and storage for safekeeping of the supplies.(b) The adjutant general may purchase from money appropriated for this purpose and, as the best interests of the service require, keep ready for use or issue to the state military forces a necessary amount of quartermasters', ordnance, subsistence, medical, signal, engineers', and other military supplies. The adjutant general shall have the supplies, whether the property of the United States or the state, properly cared for and kept in good order and ready for use. The adjutant general shall certify and approve accounts that accrue against the state under this chapter, if correct. The claims shall be paid from the state treasury as other claims are paid.(c) The adjutant general may sell, destroy, or exchange for other military supplies for use of the state military forces, as the adjutant general determines in the best interests of the service, military supplies owned by the state that become unserviceable, obsolete, or unfit for further use, or the supplies may be disposed of in the manner that the governor or adjutant general by regulation or order prescribes.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.032. BIDS. (a) The adjutant general may adopt rules governing the preparation, submission, and opening of bids for contracts under the department.(b) The adjutant general may require a bid to be accompanied by a good bond in a penal amount that the adjutant general considers appropriate. The bond must be conditioned that the bidder, if awarded the contract, will enter into a contract consistent with the bid not later than the 60th day after the day the bids are opened. The bidder may not withdraw a bid before the 61st day after the day the bids are opened.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.033. REGULATIONS. The adjutant general shall adopt regulations to govern the department and the custody, use, and preservation of records and property relating to the department, whether owned by the United States or the state. The regulations take effect when adopted in the form of routine orders or letters of instruction.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.034. REPORT. (a) The adjutant general annually shall report to the governor. The report shall be delivered to the legislature. The report must include:(1) a complete and detailed written statement accounting for all funds received and disbursed by the department during the preceding fiscal year that meets the reporting requirements applicable to financial reporting provided in the General Appropriations Act;(2) an account, to the extent of the adjutant general's knowledge, of all arms, ammunition, and other military property owned by or in possession of the state, the source from which it was received, to whom it is issued, and its present condition;(3) a statement of the number, condition, and organization of the Texas National Guard and reserve militia;(4) suggestions that the adjutant general considers important to the military interests and conditions of the state and the perfection of its military organization;(5) a list and description of all Texas National Guard missions that are in progress at the time the report is prepared; and(6) a statement of department plans to obtain and maintain future Texas National Guard missions, including proposed missions that are consistent with the United States Department of Defense's war-fighting strategies, including strategies used in the war on terrorism.(b) Information relating to current, proposed, or planned missions that is considered by the adjutant general or governor to be classified or of a sensitive nature need not be included in the annual report under this section.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1021, Sec. 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 31, Sec. 1, eff. Sept. 1, 2003.
Sec. 431.035. FUNDS. (a) Except as provided by Subsection (c), all money paid to the department under this chapter, other than money held in military unit funds authorized by adjutant general rule, is subject to Subchapter F, Chapter 404.(b) Funds or other property or services may be donated to the department by any public or private entity, including:(1) a state agency or department;(2) a political subdivision, including a county, municipality, or public school district; or(3) a special purpose district or authority.(c) The adjutant general may accept a donation or transfer of funds from the federal government directly or through another agency or from an agency or political subdivision of the state. The funds shall be deposited with the comptroller. The funds may be used for the legal purpose of the department set out in the donation or transfer. The comptroller shall pay out the funds on a properly drawn warrant issued by the comptroller on request of the adjutant general and approval of the governor under regulations adopted by the comptroller. An employee whose salary is paid from these funds is entitled to not less than the federal hourly minimum wage as provided by Section 206, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). The adjutant general may adopt regulations necessary to control the receipt and disbursement of these funds.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 17, Sec. 1, eff. April 11, 1991; Acts 1997, 75th Leg., ch. 1021, Sec. 10, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 8.14, eff. Sept. 1, 1997.
Sec. 431.036. CERTIFICATION OF MILITARY UNITS. On muster of a military unit into the state military forces, the adjutant general shall issue the unit a certificate, in a form prescribed by the adjutant general, stating that the unit has been duly organized according to the laws and regulations of the state military forces and is entitled to the rights, powers, privileges, and immunities conferred by those laws and regulations. The certificate is evidence in a state court that the unit is duly incorporated.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.0361. GRONER A. PITTS NATIONAL GUARD ARMORY. The Texas National Guard armory located in Brownwood, Texas, is named the Groner A. Pitts National Guard Armory in honor of Groner A. Pitts.
Added by Acts 1993, 73rd Leg., ch. 906, Sec. 1.18, eff. June 19, 1993.Transferred from Government Code, Section 435.027 and amended by Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 6, eff. September 1, 2007.
Sec. 431.037. INFORMATION OF INTEREST; COMPLAINTS. (a) The department shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and resolved by the department. The department shall make the information available to the public and appropriate state agencies.(b) The adjutant general by policy shall establish methods by which the public and members of the Texas National Guard are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department. The department may provide for that notification on a sign prominently displayed at each Texas National Guard armory.(c) The department shall keep information about each complaint filed with the department. The information shall include:(1) the date the complaint is received;(2) the name of the complainant;(3) the subject matter of the complaint;(4) a record of all persons contacted in relation to the complaint;(5) a summary of the results of the review or investigation of the complaint; and(6) for complaints for which the department took no action, an explanation of the reason the complaint was closed without action.(d) The department shall keep a file about each written complaint filed with the department that the department has authority to resolve. The department shall provide to the person filing the complaint and the persons or entities complained about the department policies and procedures pertaining to complaint investigation and resolution. The department, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the persons or entities complained about of the status of the complaint unless the notice would jeopardize an undercover investigation.
Added by Acts 1997, 75th Leg., ch. 1021, Sec. 11, eff. Sept. 1, 1997.
Sec. 431.038. PROGRAM AND FACILITY ACCESSIBILITY. The department shall comply with federal and state laws related to program and facility accessibility. The department shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services.
Added by Acts 1997, 75th Leg., ch. 1021, Sec. 12, eff. Sept. 1, 1997.
Sec. 431.039. EXEMPTION FROM FEES FOR MILITARY PERSONNEL BEING DEPLOYED. A member of the National Guard on federal active duty, or a member of the armed forces of the United States on active duty, who is preparing to be deployed to serve in a hostile fire zone as designated by the United States secretary of defense is exempt from paying the following state or local governmental fees the member incurs because of the deployment to arrange the member's personal affairs:(1) fees for obtaining copies of:(A) a birth certificate;(B) a recorded marriage license;(C) a divorce decree;(D) a child support order;(E) guardianship documents; and(F) property tax records;(2) fees for issuing a marriage license or duplicate marriage license; and(3) fees for transferring title to real or personal property.
Added by Acts 2007, 80th Leg., R.S., Ch. 218, Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. TEXAS NATIONAL GUARDSec. 431.041. COMPOSITION. (a) The Texas National Guard is composed of:(1) the state military forces organized as the Texas National Guard;(2) persons held to military duty under state law;(3) persons who accept appointment or voluntarily enlist in the Texas National Guard; and(4) members of the reserve militia mustered into the Texas National Guard.(b) The Texas National Guard may not exceed 37,000 officers and enlisted persons except in case of war, insurrection, invasion or the prevention of invasion, the suppression of riot, or the aiding of civil authorities to execute state law.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.042. OFFICERS. An officer of the Texas National Guard is appointed and commissioned by the governor. To be qualified for appointment a person must be qualified under United States law and regulations. The officer shall take and subscribe the official oath.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1021, Sec. 13, eff. Sept. 1, 1997.
Sec. 431.043. ENLISTMENT AND APPOINTMENT. Federal law prescribes the terms and conditions of, and the qualifications and requirements for, enlistment and appointment in the Texas National Guard. The governor and legislature may prescribe additional terms, conditions, qualifications, and requirements.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 9.01, eff. Aug. 26, 1991.
Sec. 431.044. GOVERNOR'S REGULATIONS. The governor shall adopt regulations that the governor considers appropriate for the organization of the Texas National Guard in accordance with this chapter. The organization as near as practicable must conform to the organization of the United States armed forces.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.045. LOCAL GOVERNMENTAL ASSISTANCE. (a) In this section, "unit" means a company, squadron-size organization, or separately administered or located platoon or flight of the Texas National Guard.(b) Funds or other property or services may be donated to the Texas National Guard by any public or private entity, including:(1) a state agency or department;(2) a political subdivision, including a county, municipality, or public school district; or(3) a special purpose district or authority.(c) The governing body of a county or municipality, on behalf of the county or municipality, may donate to the adjutant general, or to a unit for transfer to the adjutant general, land for use as a state military forces facility. The donation may be in fee simple or otherwise.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 17, Sec. 2, eff. April 11, 1991; Acts 1997, 75th Leg., ch. 1168, Sec. 5, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1335, Sec. 5, eff. September 1, 2007.
Sec. 431.046. PROPERTY FORFEITURE. When the Texas National Guard Counterdrug Support Program assists a federal law enforcement agency in enforcing drug laws, the Texas National Guard Counterdrug Support Program is considered to be a law enforcement agency of the state for the purpose of participating in the sharing of property seized or forfeited to the United States under federal law.
Added by Acts 1997, 75th Leg., ch. 813, Sec. 1, eff. June 17, 1997.
SUBCHAPTER D. TEXAS STATE GUARDSec. 431.051. SUPPLEMENTAL VOLUNTEER MILITARY FORCES. To provide mission-ready volunteer military forces for use by the state in homeland security and community service activities as a supplement to the Texas National Guard, the Texas State Guard exists as part of the state militia under the Second Amendment to the United States Constitution and a defense force under 32 U.S.C. Section 109.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 114, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1312, Sec. 4, eff. June 21, 2003.
Sec. 431.052. COMPOSITION. (a) The Texas State Guard is composed of units the governor considers advisable. Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 114, Sec. 2 (b) To volunteer for service in the Texas State Guard a person must:(1) be a citizen of the United States and a resident of this state for at least 180 days;(2) be at least 17 years of age;(3) meet qualifications that the governor prescribes; and(4) be acceptable to and approved by the governor or adjutant general under the governor's direction. Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 1312, Sec. 5 (b) To volunteer for service in the Texas State Guard a person must:(1) be a resident of this state for at least 180 days and:(A) a citizen of the United States; or(B) a person who has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.);(2) be at least 17 years of age;(3) meet qualifications that the governor prescribes; and(4) be acceptable to and approved by the governor or adjutant general under the governor's direction.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 114, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1312, Sec. 5, eff. June 21, 2003.
Sec. 431.053. ACTIVE DUTY. (a) The governor may activate and call to active duty all or part of the Texas State Guard. The Texas State Guard, or part of the Texas State Guard, called to active duty has the rights, privileges, duties, functions, and authorities conferred or imposed by law on the state military forces.(b) A member of the Texas State Guard is subject to serve on active duty at the call and by order of the governor.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.054. GOVERNOR'S AUTHORITY. (a) The governor has full control and authority over the Texas State Guard.(b) The governor may adopt rules and regulations governing enlistment, organization, administration, uniforms, equipment, maintenance, command, training, and discipline of the Texas State Guard. The rules and regulations to the extent practicable and desirable must conform to law, rules, and regulations governing the Texas National Guard.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 431.055. OFFICERS. (a) Officers of the Texas State Guard are appointed, commissioned, and assigned by the governor or under the governor's authority. The governor may remove or reassign an officer.(b) To be eligible for appointment as a general officer a person must have:(1) been a federally recognized officer of not less than field grade of the Texas National Guard or a regular or reserve component of the Un