reglab/housing_qa huggingface dataset:
TX Govt Code § 431.115 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 431 - State Militia|Subchapter H. Calling of Forces|Section 431.115. State of Insurrection

Sec. 431.115.  STATE OF INSURRECTION.  The governor by proclamation may declare any portion of the state where state military forces are serving in aid of the civil authority to be in a state of insurrection, if the governor determines that law and order will be promoted by the declaration.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.001 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter A. General Provisions|Section 432.001. Definitions

Sec. 432.001.  DEFINITIONS.  In this chapter:(1)  "Accuser" means a person who signs and swears to charges, who directs that charges nominally be signed and sworn to by another, or who has an interest other than an official interest in the prosecution of the accused.(2)  "Active state duty" means duty authorized under the constitution and laws of the state and all training authorized under Title 32, United States Code.(3)  "Commanding officer" includes commissioned officers and warrant officers of the state military forces who either have been appointed to command by a superior authority or have lawfully assumed command.(4)  "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding temporarily, or a successor in command.(5)  "Day" means a calendar day and is not synonymous with unit training assembly or any other accounting for training.  A punishment authorized under this chapter that is measured in terms of days means calendar days.(6)  "Duty" means any presence or performance of any service with or on behalf of the state military forces.(7)  "Enlisted member" means a person in an enlisted grade.(8)  "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.(9)  "Judge advocate" means a commissioned officer appointed to serve as a judge advocate by the adjutant general under Section 432.005(b).(10)  "Legal officer" means a commissioned officer of the state military forces designated to perform legal duties for a command.(11)  "Military" refers to all or part of the state military forces.(12)  "Military court" means a court-martial, court of inquiry, military commission, or provost court.(13)  "Military judge" means an official of a court-martial detailed in accordance with Section 432.045.(14)  "Officer" means a commissioned or warrant officer of the state military forces.(15)  "Officer candidate" means a candidate of the state officer candidate school.(16)  "Rank" means the order of precedence among members of the state military forces.(17)  "State judge advocate general" means the judge advocate general of the state military forces, commissioned in those forces, and responsible for supervising the administration of military justice in the state military forces, and performing other legal duties required by the adjutant general.(18)  "State military forces" means the National Guard of this state, as defined in Title 32, United States Code, and other militia or military forces organized under the laws of this state.(19)  "Superior commissioned officer" means a commissioned officer superior in rank or command.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 432.002 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter A. General Provisions|Section 432.002. Persons Subject to Chapter

Sec. 432.002.  PERSONS SUBJECT TO CHAPTER.  This chapter applies to all members of the state military forces who are not in federal service under Title 10, United States Code.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 2, eff. September 1, 2011.|
TX Govt Code § 432.003 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter A. General Provisions|Section 432.003. Jurisdiction to Try Certain Personnel

Sec. 432.003.  JURISDICTION TO TRY CERTAIN PERSONNEL.  (a)  A person discharged from the state military forces who is later charged with having fraudulently obtained the discharge is, except as provided by Section 432.068, subject to trial by court-martial on that charge and is, after apprehension, subject to this chapter while in custody of the military for that trial.  On conviction of that charge the person is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge.(b)  A person who has deserted from the state military forces may not be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.004 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter A. General Provisions|Section 432.004. Territorial Applicability of Chapter

Sec. 432.004.  TERRITORIAL APPLICABILITY OF CHAPTER.  (a)  This chapter applies in all places and to all persons otherwise subject to this chapter while they are serving outside the state and while they are going to and returning from service outside the state, in the same manner and to the same extent as if they were serving inside the state.(b)  Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state, with the same jurisdiction and power as to persons subject to this chapter as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.005 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter A. General Provisions|Section 432.005. Judge Advocates and Legal Officers

Sec. 432.005.  JUDGE ADVOCATES AND LEGAL OFFICERS.  (a)  The adjutant general shall appoint an officer of the state military forces as state judge advocate general.  To be eligible for appointment, an officer must be a member of the State Bar of Texas for at least five years.(b)  The adjutant general shall appoint judge advocates and legal officers on recommendation by the state judge advocate general.  To be eligible for appointment, a judge advocate or legal officer must be an officer of the state military forces and a member of the State Bar of Texas.(c)  The state judge advocate general or his assistants shall make frequent inspections in the field in supervision of the administration of military justice.(d)  Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice.  The staff judge advocates or legal officers of a command are entitled to communicate directly with the staff judge advocates or legal officers of a superior or subordinate command or with the state judge advocate general.(e)  A person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense in a case, may not later act as staff judge advocate or legal officer to a reviewing authority on the same case.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 2, eff. Sept. 1, 1999.|
TX Govt Code § 432.008 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter B. Apprehension and Restraint; Nonjudicial Punishment|Section 432.008. Apprehension

Sec. 432.008.  APPREHENSION.  (a)  In this subchapter, "apprehend" means to take a person into custody.(b)  A person authorized by this chapter or by regulations issued under it to apprehend a person subject to this chapter, a marshal of a court-martial appointed under this chapter, and a peace officer having authority to apprehend offenders under the laws of the United States or of a state, may do so on reasonable belief that an offense has been committed and that the person apprehended committed it.(c)  Commissioned officers, warrant officers, and noncommissioned officers may quell quarrels, frays, and disorders among persons subject to this chapter and apprehend persons subject to this chapter who take part in those activities.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.|
TX Govt Code § 432.009 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter B. Apprehension and Restraint; Nonjudicial Punishment|Section 432.009. Apprehension of Deserters

Sec. 432.009.  APPREHENSION OF DESERTERS.  A civil officer or peace officer having authority to apprehend offenders under the laws of the United States or a state, territory, commonwealth, or possession, or the District of Columbia, may summarily apprehend a deserter from the state military forces and deliver the deserter into the custody of the state military forces.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.|
TX Govt Code § 432.010 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter B. Apprehension and Restraint; Nonjudicial Punishment|Section 432.010. Imposition of Restraint

Sec. 432.010.  IMPOSITION OF RESTRAINT.  (a)  In this subchapter:(1)  "Arrest" means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits.(2)  "Confinement" means the physical restraint of a person.(b)  An enlisted member may be ordered into arrest or confinement by a commissioned officer by an oral or written order delivered in person, through other persons subject to this chapter, or through a person authorized by this chapter to apprehend persons.  A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the officer's company or subject to the officer's authority into arrest or confinement.(c)  A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority the person is subject, by an oral or written order delivered in person or by another commissioned officer.  The authority to order such persons apprehended or into arrest or confinement may not be delegated.(d)  A person may not be ordered apprehended or into arrest or confinement except for probable cause.(e)  This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until the proper authority may be notified.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.|
TX Govt Code § 432.011 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter B. Apprehension and Restraint; Nonjudicial Punishment|Section 432.011. Restraint of Persons Charged With Offenses

Sec. 432.011.  RESTRAINT OF PERSONS CHARGED WITH OFFENSES.  A person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require, but if charged with only an offense normally tried by a summary court-martial, the person may not ordinarily be placed in confinement.  If a person subject to this chapter is placed in arrest or confinement before trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person.  A person confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in a civilian jail.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.|
TX Govt Code § 432.012 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter B. Apprehension and Restraint; Nonjudicial Punishment|Section 432.012. Reports and Receiving of Prisoners

Sec. 432.012.  REPORTS AND RECEIVING OF PRISONERS.  (a)  A provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail designated under Section 432.011 may not refuse to receive or keep a prisoner committed to the person's charge, when the committing person furnishes a statement, signed by the committing person, of the offense charged against the prisoner.(b)  A commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or of any other jail designated under Section 432.011 to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.|
TX Govt Code § 432.013 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter B. Apprehension and Restraint; Nonjudicial Punishment|Section 432.013. Punishment Prohibited Before Trial

Sec. 432.013.  PUNISHMENT PROHIBITED BEFORE TRIAL.  Subject to Section 432.093, a person, while being held for trial or the result of trial, may not be subjected to punishment or penalty other than arrest or confinement on the charges pending against the person, nor may the arrest or confinement imposed on the person be more rigorous than the circumstances require to ensure the person's presence, but the person may be subjected to minor punishment during that period for infractions of discipline.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.|
TX Govt Code § 432.014 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter B. Apprehension and Restraint; Nonjudicial Punishment|Section 432.014. Delivery of Offenders to Civil Authorities

Sec. 432.014.  DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES.  (a)  Under regulations prescribed under this chapter a person subject to this chapter who is on active state duty and who is accused of an offense against civil authority may be delivered, on request, to the civil authority for trial.(b)  If delivery under this section is made to a civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender, after having answered to the civil authorities for the offense, on the request of competent military authority, shall be returned to military custody for the completion of the sentence.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.|
TX Govt Code § 432.031 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter D. Courts-Martial|Section 432.031. Courts-Martial Classified

Sec. 432.031.  COURTS-MARTIAL CLASSIFIED.  The three kinds of courts-martial in each of the state military forces are:(1)  general court-martial, consisting of:(A)  a military judge and not fewer than five members; or(B)  only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves;(2)  special court-martial, consisting of:(A)   a military judge and not fewer than three members; or(B)  only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in Subdivision (1)(B) requests; and(3)  summary court-martial, consisting of one officer, who must be a military judge or an attorney licensed to practice law in this state.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 4, eff. September 1, 2011.|
TX Govt Code § 432.032 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter D. Courts-Martial|Section 432.032. Jurisdiction of Court-Martial in General

Sec. 432.032.  JURISDICTION OF COURT-MARTIAL IN GENERAL.  Each force of the state military forces has court-martial jurisdiction over a member of the force who is subject to this chapter.  The Texas Army National Guard and the Texas Air National Guard have court-martial jurisdiction over all enlisted members subject to this chapter.  The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed by the governor.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 5, eff. September 1, 2011.|
TX Govt Code § 432.033 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter D. Courts-Martial|Section 432.033. Jurisdiction of General Court-Martial

Sec. 432.033.  JURISDICTION OF GENERAL COURT-MARTIAL.  (a)  Subject to Section 432.032, a general court-martial has jurisdiction to try a person subject to this chapter for any offense made punishable by this chapter and may, under limitations the governor prescribes, adjudge any of the following punishments:(1)  reprimand;(2)  forfeiture of pay and allowances;(3)  a fine of not more than $10,000;(4)  reduction of any enlisted member to any lower rank;(5)  confinement for not more than five years;(6)   dismissal or bad conduct or dishonorable discharge; or(7)  any combination of those punishments.(b)  A dismissal or dishonorable discharge may not be adjudged unless a complete record of the proceedings and testimony is made, counsel having the qualifications prescribed under Section 432.046(b) is detailed to represent the accused;  and a military judge is detailed to the trial.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2005, 79th Leg., Ch. 94 (S.B. 1217), Sec. 2, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 6, eff. September 1, 2011.|
TX Govt Code § 432.034 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter D. Courts-Martial|Section 432.034. Jurisdiction of Special Court-Martial

Sec. 432.034.  JURISDICTION OF SPECIAL COURT-MARTIAL.  (a)  Subject to Section 432.032, a special court-martial has jurisdiction to try a person subject to this chapter, except a commissioned officer, for any offense under this chapter. A special court-martial has the same powers of punishment as a general court-martial, except that a special court-martial may not impose more than a $4,000 fine and confinement of not more than one year for a single offense.(b)  A dismissal or bad conduct discharge may not be adjudged unless a complete record of the proceedings and testimony is made, counsel having the qualifications prescribed under Section 432.046(b) is detailed to represent the accused, and a military judge is detailed to the trial, except in a case in which a military judge cannot be detailed to the trial because of physical conditions or military exigencies.  In a case in which a military judge is not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason a military judge could not be detailed.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2005, 79th Leg., Ch. 94 (S.B. 1217), Sec. 3, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 7, eff. September 1, 2011.|
TX Govt Code § 432.035 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter D. Courts-Martial|Section 432.035. Jurisdiction of Summary Court-Martial

Sec. 432.035.  JURISDICTION OF SUMMARY COURT-MARTIAL.  (a)  Subject to Section 432.032, a summary court-martial has jurisdiction to try persons subject to this chapter, except officers, for any offense under this chapter.(b)  A person of whom a summary court-martial has jurisdiction may not be brought to trial before a summary court-martial if the person objects.  If an accused objects to trial by summary court-martial, trial may be ordered by special or general court-martial, as appropriate.(c)  A summary court-martial may sentence a person to pay a fine of not more than $1,000 and confinement for not more than 90 days for a single offense, to forfeit pay and allowances, and to reduction of a noncommissioned officer to any lower rank.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2005, 79th Leg., Ch. 94 (S.B. 1217), Sec. 4, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 8, eff. September 1, 2011.|
TX Govt Code § 432.036 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle C - State Military Forces and Veterans|Chapter 432 - Texas Code of Military Justice|Subchapter D. Courts-Martial|Section 432.036. Jurisdiction of Court-Martial Not Exclusive

Sec. 432.036.  JURISDICTION OF COURT-MARTIAL NOT EXCLUSIVE.  The provisions of this chapter conferring jurisdiction on courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|