reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.106. Historical Preservation of Records and Property

Sec. 437.106.  HISTORICAL PRESERVATION OF RECORDS AND PROPERTY.  Except as provided by other law and in accordance with all applicable federal and state requirements, the department shall preserve all historically significant military records or property in the Texas Military Forces Museum.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.107. Reports

Sec. 437.107.  REPORTS.  (a)  The department annually shall submit to the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the department during the preceding fiscal year.  The report must be in the form and reported in the time provided by the General Appropriations Act.
(b)  The department shall provide to the governor in December of each even-numbered year:
(1)  an account of all arms, ammunition, and other military property owned by or in possession of this state and its present condition;
(2)  a statement of the number, condition, and organization of the Texas military forces;
(3)  suggestions important to the military interests and conditions of this state;
(4)  a list and description of all Texas military forces missions that are in progress; and
(5)  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 strategies.
(c)  Information relating to any current, proposed, or planned mission that the adjutant general considers to be classified or sensitive in nature is exempt from the reporting requirement of Subsection (b).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.108. Technology Policy

Sec. 437.108.  TECHNOLOGY POLICY.  The department shall develop and implement a policy requiring the director of state administration and department's employees to research and propose appropriate technological solutions to improve the department's ability to perform its functions.  The technological solutions must:
(1)  ensure that the public is able to easily find information about the department on the Internet;
(2)  ensure that persons who want to use the department's services are able to:
(A)  interact with the department through the Internet; and
(B)  access any service that can be provided effectively through the Internet; and
(3)  be cost-effective and developed through the department's planning processes.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 224 (H.B. 1326), Sec. 11, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.109. Exemption From Certain State Activities

Sec. 437.109.  EXEMPTION FROM CERTAIN STATE ACTIVITIES.  (a)  The department is exempt from the provisions of Chapter 2054 relating to the oversight of information resources and information resource manager provisions to the extent the National Guard Bureau and the United States Department of Defense provide information technology and communications support to the department.
(b)  Notwithstanding any other law, a service member considered to be a temporary state employee is not considered to be an employee of the department for the purpose of counting the number of full-time equivalent positions authorized for the department in the General Appropriations Act.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.110. Post Exchanges on State Military Property

Sec. 437.110.  POST EXCHANGES ON STATE MILITARY PROPERTY.  (a)  The department may establish and contract for the operation of not more than three military-type post exchanges similar to those operated by the armed forces of the United States on any real property under the management and control of the department.  A post exchange may sell, lease, or rent goods and services, including firearms, tobacco products, prepared foods, and malt beverages and wine but not distilled spirits.  The department may designate facilities located on state property to use for purposes of this section.
(b)  The adjutant general shall adopt regulations to govern post exchanges established under this section that are similar to the procedures, policies, and restrictions governing exchanges of the Army and Air Force Exchange Service, including regulations that require an individual to show identification indicating the individual is qualified to buy, lease, or rent goods at the post exchange.
(c)  The department shall contract with a person to operate a post exchange created under this section.
(d)  A post exchange may sell, lease, or rent goods and services only to:
(1)  active, retired, and reserve members of the United States armed services;
(2)  active and retired members of the state military forces;
(3)  full-time employees of the adjutant general's department; and
(4)  dependents of an individual described by this subsection.
(e)  The post exchange services account is a unit fund under Section 437.211.  For purposes of Section 437.211, the commander is the installation commander.  The post exchange services account is exempt from the application of Sections 403.095 and 404.071.  The account consists of:
(1)  money received from the operation of post exchanges created under this section; and
(2)  all interest attributable to money held in the account.
(f)  A post exchange created under this section may sell goods and services, including beer and wine but not distilled spirits, for off-premises consumption if the operator of the exchange holds the appropriate license or permit issued by the Texas Alcoholic Beverage Commission.  The licensee or permittee shall comply in all respects with the Alcoholic Beverage Code and the rules of the Texas Alcoholic Beverage Commission.
(g)  Chapter 94, Human Resources Code, does not apply to vending facilities operated at a post exchange.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 390, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.111. Donations

Sec. 437.111.  DONATIONS.  (a)  Except as provided by Subsections (d) and (e), all money paid to the department under this chapter is subject to Subchapter F, Chapter 404.
(b)  The department may accept funds, property, or services donated 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 department may solicit and accept gifts, grants, or donations from any private or public entity to support the Texas military forces or the Texas Military Forces Museum and may spend the proceeds consistent with donor limitations and for the use of the Texas military forces, the museum, or the department.
(d)  The department 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 this state.  The funds shall be deposited with the comptroller.  The funds may be used for the legal purposes of the department as provided in the donation or transfer.  The comptroller shall make payments from the funds on a properly drawn warrant issued by the comptroller on request of the adjutant general and approval of the governor under rules adopted by the comptroller.
(e)  A unit may accept funds for the benefit of a particular military unit in a unit fund as prescribed in Section 437.211.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.112. Information of Interest; Complaints

Sec. 437.112.  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 shall adopt policies to establish methods for notifying the public and members of the Texas National Guard of the department's name, mailing address, and telephone number for the purpose of directing complaints to the department.
(c)  The department shall maintain a file on each written complaint filed with the department.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the department;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in connection with the complaint;
(5)  a summary of the results of the review or investigation of the complaint; and
(6)  an explanation of the reason the file was closed, if the department closed the file without taking action other than to investigate the complaint.
(d)  The department shall provide to the person filing the complaint and to each person who is the subject of the complaint a copy of the department's policies and procedures relating to complaint investigation and resolution unless the notice would jeopardize an undercover investigation.
(e)  The department, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is the subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.113. Alternative Dispute Resolution Procedures

Sec. 437.113.  ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The department shall develop and implement a policy to encourage the use of appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes within the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The department shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the department.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.114. Supplies

Sec. 437.114.  SUPPLIES.  (a)  The department may purchase from money appropriated to the department and keep ready for use, store, or issue a necessary amount of ordnance, subsistence, medical, signal, engineering, and other supplies.
(b)  The department may dispose of or exchange supplies owned by this state that are unfit for further use as the department determines is in the best interest of the Texas military forces.
(c)  The department shall provide each state military unit with the arms, equipment, instruction and record books, and other supplies necessary for performance of the duties required of the unit by this chapter.  The unit shall keep the property in proper repair and good condition.  The department may execute bonds in the name of this state as necessary to obtain this property.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.115. Bids

Sec. 437.115.  BIDS.  The department shall adopt rules governing the preparation, submission, and opening of bids for contracts.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.116. Program Accessibility

Sec. 437.116.  PROGRAM ACCESSIBILITY.  The department shall comply with federal and state laws related to program 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 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.117. Texas Challenge Academy

Sec. 437.117.  TEXAS CHALLENGE ACADEMY.  (a)  For each student enrolled in the Texas ChalleNGe Academy, the department is entitled to allotments from the Foundation School Program under Chapter 48, Education Code, as if the academy were a school district without a tier one local share for purposes of Section 48.266, Education Code.
(b)  The department shall contract with an appropriate school district for the provision of educational services for students enrolled in the academy.  The school district with which the department contracts shall be responsible for ensuring compliance with any applicable regulatory requirements imposed under the Education Code and enforced by the commissioner of education and the Texas Education Agency.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.077, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.118. Maintenance and Operation of Military Housing

Sec. 437.118.  MAINTENANCE AND OPERATION OF MILITARY HOUSING.  The department shall maintain and operate charged military housing in accordance with policies and regulations adopted by the adjutant general and published on the department's Internet website.  The department shall deposit room fees in a billeting account.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 144 (H.B. 1606), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter C. Texas Military Department Operations › Section 437.119. Use of Funds to Purchase Food and Beverages

Sec. 437.119.  USE OF FUNDS TO PURCHASE FOOD AND BEVERAGES.  The department may use appropriated money to purchase food and beverages for:
(1)  charged military housing;
(2)  service members of the Texas military forces on military duty, including required training functions; and
(3)  students participating in the Texas ChalleNGe Academy.
Added by Acts 2017, 85th Leg., R.S., Ch. 144 (H.B. 1606), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.151. Real Property Advisory Council

Sec. 437.151.  REAL PROPERTY ADVISORY COUNCIL.  (a)  The real property advisory council is composed of the following eight members:
(1)  two deputy adjutants general;
(2)  the director of state administration; and
(3)  five public members who are not actively serving in the Texas National Guard and who have experience in architecture, construction management, engineering, property management, facilities maintenance management, real estate services, or real property law.
(b)  The public members of the advisory council are appointed to staggered three-year terms by the adjutant general.
(c)  The adjutant general shall adopt regulations specifying the requirements, term limits, and expectations for the advisory council.
(d)  The adjutant general shall designate one of the public members of the advisory council as the presiding officer of the advisory council to serve in that capacity at the pleasure of the adjutant general.
(e)  The director of the facilities management office is responsible for administration and coordination of council meetings and preparation of materials with input from the council membership.
(f)  The council shall meet at least two times each fiscal year to advise the department on:
(1)  the facility master plan;
(2)  the long-range construction plan;
(3)  the selection of architecture and engineering firms;
(4)  requests for bonding authority for state military facilities;
(5)  the disposal or sale of department property;
(6)  surface leases of department property;
(7)  natural resources management plans; and
(8)  environmental studies and agreements.
(g)  Each public member of the advisory council 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 council.
(h)  Each member of the advisory council 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.
(i)  The advisory council is not subject to Chapter 2110.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 224 (H.B. 1326), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.152. Public Comment

Sec. 437.152.  PUBLIC COMMENT.  The advisory council shall develop and implement policies that provide the public with a reasonable opportunity to at least annually appear before the council and speak on any issue related to the construction, repair, and maintenance of Texas military forces armories, facilities, and improvements under the jurisdiction of the department.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.153. Borrowing Money; Issuing and Selling Bonds

Sec. 437.153.  BORROWING MONEY; ISSUING AND SELLING BONDS.  (a)  The department may borrow money in the amount and 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, construct, remodel, repair, or equip one or more facilities.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.154. Report of Military Use of Property

Sec. 437.154.  REPORT OF MILITARY USE OF PROPERTY.  (a)  If the department receives notice from the General Land Office as provided by Section 31.156, Natural Resources Code, the department shall produce a report evaluating the military use of any real property under the management and control of the department.
(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 department 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 department shall submit the final 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.155. Acquisition; Management; Pledge of Rents, Issues, and Profits

Sec. 437.155.  ACQUISITION; MANAGEMENT; PLEDGE OF RENTS, ISSUES, AND PROFITS.  (a)  The department by gift, lease, or purchase may acquire real property, including leasehold estates in real property, for any purpose the department considers necessary for the use of the Texas military forces.
(b)  The department may acquire furniture and equipment suitable for facility purposes by gift, purchase, or construction.
(c)  The department may:
(1)  hold, manage, or maintain the property;
(2)  after the analysis required under Section 437.163(b), if applicable, lease or sell the property; and
(3)  pledge all or part of the rents, issues, and profits of the property.
(d)  The department may own and operate or contract with a vendor to provide temporary lodging facilities for use of military and retired military personnel.  The department shall publish information on the department's Internet website outlining the operation, use, and fee structure for temporary lodging facilities.  Out of the money received for operating the temporary lodging facilities, the department may procure the necessary furnishings, goods, and services to manage and operate the temporary lodging facilities.
(e)  The adjutant general, deputy adjutant general for the air, and deputy adjutant general for the army may reside in state-owned housing and are exempt from paying housing costs.  The department may allocate existing department housing to other department employees who demonstrate a need based on location and job description at a rate in accordance with the General Appropriations Act.
(f)  The department shall deposit proceeds from any land lease or other revenue under this section, other than daily fee deposits that qualify as unit funds, into the state treasury to the credit of the department for the use and benefit of the facilities of the Texas military forces.  If any part of these funds remains unexpended and unobligated at the end of the state fiscal year, that amount is dedicated for the same purposes in the subsequent year.  Money in the fund may not be diverted for any other purpose.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.156. Construction; Furnishing and Equipment

Sec. 437.156.  CONSTRUCTION; FURNISHING AND EQUIPMENT.  (a)  The department may construct buildings on real property held by the department in fee simple or otherwise.  The department may furnish and equip the buildings.
(b)  The department may construct a building on land comprising a site licensed or otherwise provided to this state by the federal government.  If the department constructs a building on that site, the site becomes the property of the department for all purposes of this chapter as if the site had been acquired by gift to or purchase by the department.
(c)  Department buildings that are constructed or undergoing major renovations must include information distribution system provisions in the contract.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.157. Lease of Property

Sec. 437.157.  LEASE OF PROPERTY.  (a)  In this section, "lease" includes a sublease.
(b)  After the analysis required under Section 437.163(b), if applicable, the department may lease property to any person.
(c)  The law requiring notice and competitive bids does not apply to a lease under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.158. Transfer to State

Sec. 437.158.  TRANSFER TO STATE.  When property that the Texas Public Finance Authority owns in accordance with Section 437.159 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 shall donate and transfer the property to the department by appropriate instruments of transfer.  The instruments of transfer shall be kept in the custody of the department.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.159. Property Financed by Bonds

Sec. 437.159.  PROPERTY FINANCED BY BONDS.  Notwithstanding any other provision of this chapter, property used by this state for military purposes that was acquired, constructed, remodeled, or repaired using money from bonds and that has not yet been transferred under Section 437.158 is owned by the Texas Public Finance Authority and a reference to the department in this chapter in relation to that ownership means the Texas Public Finance Authority until the property is transferred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.160. Donation of Property

Sec. 437.160.  DONATION OF PROPERTY.  The governing body of a county or municipality, on behalf of the county or municipality, may donate real property to the department for use as a Texas military forces facility.  The donation may be in fee simple or otherwise.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.161. Tax Status of Property

Sec. 437.161.  TAX STATUS OF PROPERTY.  Property held by the department and rents, issues, and profits from the property are exempt from taxation by the state, a municipality, a county or other political subdivision, or a taxing district of this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.162. Facility Accessibility

Sec. 437.162.  FACILITY ACCESSIBILITY.  The department for new facility construction shall comply with federal and state laws related to facility accessibility.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter D. Real Property Management › Section 437.163. Disposal of Certain Surplus Real Property

Sec. 437.163.  DISPOSAL OF CERTAIN SURPLUS REAL PROPERTY.  (a)  When department property that is owned or transferred to this state is fully paid for and free of liens incurred in connection with the acquisition and construction of the property, the department may, after conducting the analysis required under this section, if applicable, properly dispose of the property that is designated by the adjutant general as surplus.
(b)  Before granting or conveying an interest in real property under this subchapter, the department must conduct an analysis to determine whether the disposal of property is in the best interests of the Texas military forces and evaluate whether each unit of the Texas military forces has adequate facility space to ensure that ongoing operations are maintained.
(c)  To accomplish the purposes of Subsection (a), the department may remove, dismantle, or sever any of the property or authorize its removal, dismantling, or severance.
(d)  If property under this section is designated as surplus, the department may sell the property to the highest and best bidder for cash using either sealed bid or public auction.  The department may reject any or all bids.  If the site is considered historical, the department may evaluate other factors relating to ensuring the long-term care of the site when selecting the winning bidder.
(e)  If property under this section is designated for exchange, the department may exchange the property for one or more parcels of land equal to or exceeding the value of the property to be exchanged.
(f)  A sale, deed, or exchange made under this section must reserve to this state a one-sixteenth mineral interest free of cost of production.
(g)  The department 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.
(h)  The department shall deposit proceeds of sales under this section in the state treasury to the credit of the department for the use and benefit of the Texas military forces.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.201. Certification of Military Units

Sec. 437.201.  CERTIFICATION OF MILITARY UNITS.  The adjutant general shall issue each unit a certificate stating that the unit has been duly organized according to the laws and regulations of the Texas military forces and is entitled to the rights, powers, privileges, amenities, and immunities conferred by law and military regulation.  The certificate is evidence in a state court that the unit is duly incorporated.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.203. Dual Office Holding

Sec. 437.203.  DUAL OFFICE HOLDING.  A position in or membership in the Texas military forces is not considered to be a civil office of emolument.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.204. Reemployment of Service Member Called to Training or Duty

Sec. 437.204.  REEMPLOYMENT OF SERVICE MEMBER CALLED TO TRAINING OR DUTY.  (a)  An employer may not terminate the employment of an 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 a 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 violation of this section is an unlawful employment practice.  A person injured by a violation of this section may file a complaint with the Texas Workforce Commission civil rights division under Subchapter I.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.205. Oath

Sec. 437.205.  OATH.  (a)  A commissioned officer of the Texas 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 or who volunteers for the Texas military forces, other than the Texas National Guard, shall take and subscribe to the following oath:
"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 this state and nation honestly and faithfully against all enemies, and that I will obey the orders of the governor of Texas and of the officers appointed over me, in accordance with the laws, rules, and articles governing the military forces of the State of Texas."
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 534 (H.B. 1598), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.206. Commissions

Sec. 437.206.  COMMISSIONS.  (a)  An initial state commission in the Texas military forces must be:
(1)  in the name and by authority of this state;
(2)  sealed with the state seal;
(3)  signed by the governor and attested by the secretary of state;
(4)  recorded by the Texas military forces; and
(5)  conferred without fee.
(b)  On the recommendation of the commanding officer or noncommissioned officer of the Texas 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 military service.  The adjutant general shall specify the criteria for gallant conduct or meritorious military service.
(c)  The governor may confer on an officer in active service in the Texas 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 service member who has served well and faithfully in the Texas military forces for 25 years or more.  The service member shall immediately be placed on the retired list.
(f)  The governor may delegate the powers granted by this section to the adjutant general.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.207. Military Unit as Corporate Body

Sec. 437.207.  MILITARY UNIT AS CORPORATE BODY.  (a)  A military unit in the Texas military forces is, from the time of its creation, a body politic and corporate and may:
(1)  take, purchase, own, hold, transfer, pledge, and convey under its corporate name property of a total 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 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.208. Organization Prohibited

Sec. 437.208.  ORGANIZATION PROHIBITED.  (a)  Except as provided by Subsection (b), a body of persons other than the regularly organized Texas military forces, the armed forces of the United States, or the active militia of another state 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 may drill and perform ceremonies with firearms in public.  The governor may delegate the powers granted by this subsection to the adjutant general.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.209. Foreign Troops

Sec. 437.209.  FOREIGN TROOPS.  A military force from another state, territory, or district, except a force that is on federal orders and acting as a part of the United States armed forces, may not enter this state without the permission of the governor.  The governor may delegate the powers granted by this section to the adjutant general.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.210. Interference With Texas Military Forces

Sec. 437.210.  INTERFERENCE WITH TEXAS MILITARY FORCES.  (a)  A person commits an offense if the person physically and intentionally hinders, delays, or obstructs or intentionally attempts to hinder, delay, or obstruct a portion of the Texas military forces on active duty in performance of a military duty.
(b)  An offense under Subsection (a) is a Class B misdemeanor.
(c)  The commanding officer of a portion of the Texas military forces parading or performing a military duty in a street or highway may require a person in the street or highway to yield the 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 an emergency medical services provider or fire department.
(d)  During an occasion of duty, a commanding officer may detain a person who:
(1)  trespasses on a place of duty;
(2)  interrupts or molests the orderly discharge of duty by those under orders; or
(3)  disturbs or prevents the passage of troops going to or coming from duty.
(e)  The commanding officer shall make a reasonable effort to forward detained individuals to civil authorities as soon as practicable.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.211. Management of Unit Funds

Sec. 437.211.  MANAGEMENT OF UNIT FUNDS.  (a)  The commanding officer of each unit is the custodian of the unit fund.  The commanding officer shall:
(1)  receive, keep, properly disburse, and document the use of the money in the fund; and
(2)  submit to the department an itemized statement of money received and disbursed during the preceding reporting period:
(A)  on September 1 of each year; and
(B)  when there is a change of the commanding officer of the unit.
(b)  The unit fund consists of:
(1)  donations made to the fund;
(2)  rental income from state facilities under the management of the unit that are leased for less than three days;
(3)  revenue received from the sale of goods or services to members of the unit and visitors; and
(4)  depository interest and investment income earned on amounts in the fund.
(c)  A unit fund is a special fund held outside the state treasury to be administered by the commanding officer of the unit without further appropriation.  A unit fund is not subject to Chapter 2256.  The department shall develop policies and procedures concerning the administration of the funds.  If any part of the fund remains unexpended and unobligated at the end of the state fiscal year, that amount is dedicated for the same purposes in the subsequent year.  Money in the fund may not be diverted for any other purpose.
(d)  Chapter 94, Human Resources Code, does not apply to vending facilities operated for the benefit of a unit fund.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.2121. Extended State Active Duty Service for Administrative Support

Sec. 437.2121.  EXTENDED STATE ACTIVE DUTY SERVICE FOR ADMINISTRATIVE SUPPORT.  (a) The adjutant general may hire service members of the Texas military forces to fill state military positions with the department as authorized by the General Appropriations Act. A service member hired under this section is considered to be on extended state active duty service.
(b)  A service member called to extended state active duty service under this section is entitled to the benefits and paid leave generally provided to state employees.
(c)  The adjutant general shall establish and the department shall maintain the criteria for activating a service member under this section.
(d)  A state military position may have a limited term with a defined end date or may be a continuing position without a defined end date.
(e)  As soon as practicable before the end of each state fiscal year, the department shall notify each service member called to extended state active duty service under this section whether the department will continue the service member's state military position for the next state fiscal year.
Added by Acts 2015, 84th Leg., R.S., Ch. 1100 (H.B. 2965), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.213. Certain Benefits and Protections for State Service

Sec. 437.213.  CERTAIN BENEFITS AND PROTECTIONS FOR STATE SERVICE.  A service member of the Texas military forces who is ordered to state active duty or to state training and other duty by the governor, the adjutant general, or another proper authority under the law of this state is entitled to the same benefits and protections provided to persons:
(1)  performing service in the uniformed services as provided by 38 U.S.C. Sections 4301-4313 and 4316-4319; and
(2)  in the military service of the United States as provided by 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 888 (H.B. 3066), Sec. 1, eff. June 15, 2017.