reglab/housing_qa huggingface dataset:
TX Govt Code § 432.041 (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 E. Composition of Courts-Martial|Section 432.041. Who May Convene General Court-Martial

Sec. 432.041.  WHO MAY CONVENE GENERAL COURT-MARTIAL.  In the militia or state military forces not in federal service a general court-martial may be convened by:(1)  the governor;  or(2)  the adjutant general or any other general officer under regulations the governor may adopt.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.042 (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 E. Composition of Courts-Martial|Section 432.042. Who May Convene Special Court-Martial

Sec. 432.042.  WHO MAY CONVENE SPECIAL COURT-MARTIAL.  In the state military forces not in federal service, any commander in the grade of O-5 or higher may convene a special court-martial.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 9, eff. September 1, 2011.|
TX Govt Code § 432.043 (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 E. Composition of Courts-Martial|Section 432.043. Who May Convene Summary Court-Martial

Sec. 432.043.  WHO MAY CONVENE SUMMARY COURT-MARTIAL.  In the state military forces not in federal service, any commander in the grade of O-4 or higher may convene a summary court-martial.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 4, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 10, eff. September 1, 2011.|
TX Govt Code § 432.044 (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 E. Composition of Courts-Martial|Section 432.044. Who May Serve on Court-Martial

Sec. 432.044.  WHO MAY SERVE ON COURT-MARTIAL.  (a)  Any state commissioned officer in a duty status is eligible to serve on a court-martial.(b)  A warrant officer in a duty status is eligible to serve on general and special courts-martial for the trial of a person, other than a commissioned officer, who may lawfully be brought before the courts for trial.(c)  An enlisted member of the state military forces in a duty status who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of an enlisted member of the state military forces who may lawfully be brought before the court for trial if, before the conclusion of a session called by the military judge under Section 432.064(a) before trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it.  After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained because of physical conditions or military exigencies.  If a sufficient number of enlisted members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.  In this subsection, "unit" means a regularly organized body of the state military forces not larger than a company, squadron, division of the naval militia, or body corresponding to a company, squadron, or division.(d)  When it can be avoided, a person subject to this chapter may not be tried by a court-martial of which any member is junior to the accused in rank or grade.  On convening a court-martial, the convening authority shall detail as members of the court-martial members of the state military forces that, in the convening authority's opinion, are best qualified for the duty because of age, education, training, experience, length of service, and judicial temperament.  A member of the state military forces is not eligible to serve as a member of a general or special court-martial if the member is the accuser, is a witness, or has acted as investigating officer or counsel in the same case.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 5, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 11, eff. September 1, 2011.|
TX Govt Code § 432.045 (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 E. Composition of Courts-Martial|Section 432.045. Military Judge of Court-Martial

Sec. 432.045.  MILITARY JUDGE OF COURT-MARTIAL.  (a)  The authority convening a general court-martial shall, and, subject to regulations issued by the governor, the authority convening a special or summary court-martial may, detail a military judge to the court-martial.  A military judge shall preside over open sessions of the court-martial to which the judge has been detailed.(b)  A military judge must be a commissioned officer of the state military forces, a member of the State Bar of Texas, and certified to be qualified for duty as a military judge by the state judge advocate general of the state military forces.(c)  The military judge of a general court-martial shall be designated by the state judge advocate general or his designee for detail by the convening authority, and unless the court-martial was convened by the governor or the adjutant general, neither the convening authority nor a member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge's performance of duty as a military judge.(d)  A person who is the accuser, is a witness, or has acted as investigating officer or counsel in a case is not eligible to act as military judge in the same case.(e)  The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.(f)  A military judge detailed to preside over a court-martial is not subject to any report by the convening authority concerning the effectiveness, fitness, or efficiency of that military judge that relates to performance of duty as a military judge, nor any member of his staff.(g)  A trial counsel, defense counsel, military judge, legal officer, summary court officer, or any other person certified by the state judge advocate general to perform legal functions under this chapter shall be used interchangeably, as needed, among all of the state military forces.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 6, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 12, eff. September 1, 2011.|
TX Govt Code § 432.046 (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 E. Composition of Courts-Martial|Section 432.046. Detail of Trial Counsel and Defense Counsel

Sec. 432.046.  DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL.  (a)  The authority convening each general, special, or summary court-martial shall detail trial counsel, defense counsel, and assistants that the authority considers appropriate.  A person who has acted as investigating officer, military judge, or court member in a case may not act later as trial counsel or assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case.  A person who has acted for the prosecution may not act later in the same case for the defense, nor may a person who has acted for the defense act later in the same case for the prosecution.(b)  Trial counsel or defense counsel detailed for a general court-martial must be:(1)  a member of the State Bar of Texas;  and(2)  certified as competent to perform those duties by the state judge advocate general.(b-1)  Trial counsel or defense counsel detailed for a general court-martial may not be under the supervision or command of the other counsel unless the accused and the prosecution expressly waive this restriction.(c)  In the case of a special or summary court-martial the accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under Subsection (b) unless counsel having those qualifications cannot be obtained because of physical conditions or military exigencies.  If counsel having those qualifications cannot be obtained, the court may be convened and the trial held, but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with those qualifications could not be obtained.  If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified.  If the trial counsel is a judge advocate or a member of the State Bar of Texas, the defense counsel detailed by the convening authority must be a judge advocate or a member of the State Bar of Texas.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 7, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 13, eff. September 1, 2011.|
TX Govt Code § 432.047 (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 E. Composition of Courts-Martial|Section 432.047. Detail or Employment of Reporters and Interpreters

Sec. 432.047.  DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS.  Under regulations that the governor prescribes, the convening authority of a general or special court-martial, military commission, court of inquiry, or a military tribunal:(1)  shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court, commission, or tribunal;  and(2)  may detail or employ interpreters who shall interpret for the court, commission, or tribunal.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.048 (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 E. Composition of Courts-Martial|Section 432.048. Absent and Additional Members

Sec. 432.048.  ABSENT AND ADDITIONAL MEMBERS.  (a)  A member of a general or special court-martial may not be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as the result of a challenge or by order of the convening authority for good cause.(b)  If a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not fewer than five members.  The trial may proceed with the new members present after the recorded evidence previously introduced has been read to the court in the presence of the military judge, the accused, and counsel for both sides.(c)  If a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not fewer than three members.  The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation of that evidence is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides.(d)  If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of Section 432.031(1)(B) or (2)(C), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or stipulation of that evidence is read in court in the presence of the new military judge, the accused, and counsel for both sides.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.051 (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 F. Pretrial Procedure|Section 432.051. Charges and Specifications

Sec. 432.051.  CHARGES AND SPECIFICATIONS.  (a)  Charges and specifications must be signed by a person subject to this chapter, under oath, and before a commissioned officer of the state military force authorized to administer oaths, and must state that:(1)  the signer has personal knowledge of, or has investigated, the matters set forth;  and(2)  the matters set forth are true in fact to the best of the signer's knowledge and belief.(b)  On the preferring of charges, the proper authority shall take immediate steps to determine the disposition that should be made in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.052 (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 F. Pretrial Procedure|Section 432.052. Compulsory Self-Incrimination Prohibited

Sec. 432.052.  COMPULSORY SELF-INCRIMINATION PROHIBITED.  (a)  A person subject to this chapter may not compel any person to incriminate himself or to answer a question the answer to which may tend to incriminate him.(b)  A person subject to this chapter may not interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.(c)  A person subject to this chapter may not compel any person to make a statement or produce evidence before a military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.(d)  A statement obtained from a person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement, may not be received in evidence against the person in a trial by court-martial.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.053 (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 F. Pretrial Procedure|Section 432.053. Investigation

Sec. 432.053.  INVESTIGATION.  (a)  A charge or specification may not be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth has been made.  This investigation must include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition that should be made of the case in the interest of justice and discipline.(b)  The accused is entitled to be advised of the charges against him and of his right to be represented at that investigation by counsel.  On the accused's own request, he is entitled to be represented by civilian counsel if provided by him, or by military counsel of his own selection if that counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command.  At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused.  If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides, and a copy shall be given to the accused.(c)  If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in Subsection (b), further investigation of that charge is not necessary under this section unless it is demanded by the accused after he is informed of the charge.  A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.(d)  The requirements of this section are binding on all persons administering this chapter but failure to follow them does not constitute jurisdictional error.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.054 (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 F. Pretrial Procedure|Section 432.054. Forwarding of Charges

Sec. 432.054.  FORWARDING OF CHARGES.  (a)  If a person is held for trial by general court-martial, the commanding officer shall, not later than the eighth day after the date the accused is ordered into arrest or confinement, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction.(b)  If compliance with Subsection (a) is not practicable, the commanding officer shall instead report in writing to that officer the reasons for delay.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.055 (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 F. Pretrial Procedure|Section 432.055. Advice of Staff Judge Advocate and Reference for Trial

Sec. 432.055.  ADVICE OF STAFF JUDGE ADVOCATE AND REFERENCE FOR TRIAL.  (a)  Before directing the trial of a charge by general court-martial, the convening authority shall refer it to the authority's staff judge advocate or legal officer for consideration and advice.  The convening authority may not refer a charge to a general court-martial for trial unless the authority has found that the charge alleges an offense under this chapter and is warranted by evidence indicated in the report of investigation.(b)  If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and changes in the charges and specifications that are needed to make them conform to the evidence may be made.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.056 (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 F. Pretrial Procedure|Section 432.056. Service of Charges

Sec. 432.056.  SERVICE OF CHARGES.  (a)  The trial counsel to whom court-martial charges are referred for trial shall cause to be served on the accused a copy of the charges on which trial is to be had.(b)  In time of peace a person may not be brought to trial against his objections or be required to participate by himself or counsel in a session called by the military judge under Section 432.064(a) in a general court-martial case within five days after the date of service of charges on him, or in a special court-martial case within three days after the date of service of charges on him.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.061 (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 G. Trial Procedure|Section 432.061. Procedure

Sec. 432.061.  PROCEDURE.  The procedure, including modes of proof, in cases before military courts and other military tribunals may by regulations be prescribed by the governor.  The regulations, so far as the governor considers practicable, must conform to the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state but may not be contrary to or inconsistent with this chapter.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.|
TX Govt Code § 432.062 (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 G. Trial Procedure|Section 432.062. Unlawfully Influencing Action of Court

Sec. 432.062.  UNLAWFULLY INFLUENCING ACTION OF COURT.  (a)  An authority convening a general, special, or summary court-martial, another commanding officer, or officer serving one of their staffs may not censure, reprimand, or admonish the court, a court member, military judge, or counsel of the court with respect to the findings or sentence adjudged by the court or with respect to another exercise of its or his functions in the conduct of the proceeding.(b)  A person subject to this chapter may not attempt to coerce or by unauthorized means influence the action of the court-martial or another military tribunal or a member of the tribunal in reaching the findings or sentence in a case or the action of a convening, approving, or reviewing authority with respect to his judicial acts.(c)  Subsections (a) and (b) do not apply to:(1)  general instructional or informational courses in military justice if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of court-martial;  or(2)  statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.(d)  In the preparation of an effectiveness, fitness, or efficiency report, or another report or document used in whole or part for determining whether a member of the state military forces is qualified to be advanced in grade, in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on duty, a person subject to this chapter may not:(1)  consider or evaluate the performance of duty of the member as a member of a court-martial or a witness in a court-martial; or(2)  give a less favorable rating or evaluation of a member of the state military forces because of the zeal with which the member, as counsel, represented an accused before a court-martial.|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. 14, eff. September 1, 2011.|