reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter D. Fiscal Provisions › Section 436.156. Texas Military Value Revolving Loan Account

Sec. 436.156.  TEXAS MILITARY VALUE REVOLVING LOAN ACCOUNT.  (a)  The Texas military value revolving loan account is an account in the general revenue fund.
(b)  The account may be used only for loans made under this subchapter.
(c)  The commission shall deposit to the credit of the account all loan payments made by a political subdivision for a loan under Section 436.153, 436.1531, or 436.1532.  The loan payments shall be used to reimburse the general revenue fund for money appropriated to pay the principal, premium if any, and interest on the bonds issued under Section 436.158.  If loan payments exceed the amounts required for reimbursement, the excess shall first be applied to reimburse the expenses of administering the program and secondly deposited to the credit of the Texas military value revolving loan account to fund subsequent loans.
Added by Acts 2003, 78th Leg., ch. 149, Sec. 3, eff. May 27, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 43 (H.B. 2546), Sec. 14, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 330 (S.B. 1358), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter D. Fiscal Provisions › Section 436.157. Gifts and Grants

Sec. 436.157.  GIFTS AND GRANTS.  The commission may solicit and accept gifts and grants from any source for the purposes of this chapter.  The commission shall deposit a gift or grant to the credit of the specific account that is established for the purpose for which the gift or grant was made.  If a gift or grant is not made for a specific purpose, the commission may deposit the gift or grant to the credit of any of the commission's accounts created under this chapter.
Added by Acts 2003, 78th Leg., ch. 149, Sec. 3, eff. May 27, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter D. Fiscal Provisions › Section 436.158. Issuance of General Obligation Bonds and Notes for Military Value Account

Sec. 436.158.  ISSUANCE OF GENERAL OBLIGATION BONDS AND NOTES FOR MILITARY VALUE ACCOUNT.  (a)  The Texas Public Finance Authority may issue and sell general obligation bonds and notes of the state, as authorized by Section 49-n, Article III, Texas Constitution, for the purpose of providing money to establish the Texas military value revolving loan account.
(b)  The proceeds of the bonds and notes shall be deposited into the Texas military value revolving loan account or into other separate funds as may be required to provide for payment of issuance and administrative costs and may be used as authorized by Section 49-n, Article III, Texas Constitution, including:
(1)  to fund loans approved under Section 436.153, 436.1531, or 436.1532;
(2)  to pay the costs of issuing and selling bonds and notes; and
(3)  to pay the costs of administering the bonds and notes and the loan program, including the payment of fees and expenses of advisors.
(c)  The bonds and notes shall be issued in accordance with and subject to the provisions of Chapters 1201, 1207, 1231, 1232, and 1371.
(d)  In connection with bonds or notes issued under this section, the Texas Public Finance Authority may enter into one or more credit agreements at any time for a period and on conditions the authority approves.
Added by Acts 2003, 78th Leg., ch. 149, Sec. 3, eff. September 13, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 43 (H.B. 2546), Sec. 15, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter D. Fiscal Provisions › Section 436.159. Appropriation Required

Sec. 436.159.  APPROPRIATION REQUIRED.  In accordance with Section 49-n, Article III, Texas Constitution, general revenue is to be appropriated to the Texas Public Finance Authority in an amount determined by the authority to be necessary to pay the principal, premium if any, and interest on the bonds, and that amount shall be specified in biennial appropriations acts.
Added by Acts 2003, 78th Leg., ch. 149, Sec. 3, eff. September 13, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter E. Grants › Section 436.201. Eligibility for Grant

Sec. 436.201.  ELIGIBILITY FOR GRANT.  (a)  The following local governmental entities are eligible for a grant under this subchapter:
(1)  a municipality or county that is a defense community;
(2)  a regional planning commission that has a defense community within its boundaries;
(3)  a public junior college district that is wholly or partly located in a defense community;
(4)  a campus or education extension center of the Texas State Technical College System that is located in a defense community;
(5)  a defense base development authority created under Chapter 379B, Local Government Code; and
(6)  a political subdivision that has the power of a defense base development authority created under Chapter 379B, Local Government Code.
(b)  An eligible local governmental entity may be awarded a grant if the commission determines that the entity may be adversely or positively affected by an anticipated, planned, announced, or implemented action of the United States Department of Defense to close, reduce, increase, or otherwise realign defense worker jobs or facilities.
Added by Acts 2013, 83rd Leg., R.S., Ch. 777 (S.B. 1200), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter E. Grants › Section 436.202. Grant Criteria

Sec. 436.202.  GRANT CRITERIA.  (a)  From money appropriated for this purpose, the commission may make a grant to an eligible local governmental entity to:
(1)  enable the entity to match money or meet an investment requirement necessary to receive federal assistance provided to the local governmental entity for responding to or recovering from an event described by Section 436.201(b);
(2)  match the entity's contribution for a purpose described by Section 436.203 at a closed or realigned defense facility;
(3)  construct infrastructure and other projects necessary to accommodate a new, expanded, or retained military mission at a military base or to reduce the impact of an action of the United States Department of Defense that will negatively impact a defense facility located in or near the entity; or
(4)  construct infrastructure and other projects necessary to prevent the reduction or closing of a defense facility.
(b)  The commission may not make a grant for an amount less than $50,000 or an amount more than the lesser of:
(1)  50 percent of the amount of matching money or investment that the local governmental entity is required to provide, subject to Subsection (c);
(2)  50 percent of the local governmental entity's investment for purposes described by Section 436.203 if federal assistance is unavailable; or
(3)  $5 million.
(c)  If the local governmental entity demonstrates to the commission that, because of a limited budget, the entity lacks the resources necessary to provide 50 percent of the amount of matching money or investment that the entity is required to provide, the commission may make a grant in an amount of not more than 80 percent of the amount of that matching money or investment requirement but may not make a grant in an amount that exceeds $5 million.
(d)  The commission may make a grant to an eligible local governmental entity without regard to the availability or acquisition of matching money.
Added by Acts 2013, 83rd Leg., R.S., Ch. 777 (S.B. 1200), Sec. 11, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 71 (S.B. 503), Sec. 3, eff. May 22, 2015.
Acts 2015, 84th Leg., R.S., Ch. 330 (S.B. 1358), Sec. 12, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 840 (S.B. 318), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter E. Grants › Section 436.203. Use of Proceeds

Sec. 436.203.  USE OF PROCEEDS.  (a)  A local governmental entity may use the proceeds of a grant awarded under this subchapter for the purchase of property, including the purchase of property from the United States Department of Defense or its designated agent, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance.
(b)  The local governmental entity may deliver the money to a special district, development corporation, or other instrumentality of this state or the local governmental entity for use as provided by this chapter and other applicable law.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 71 (S.B. 503), Sec. 4
(c)  An eligible local governmental entity described by Section 436.201(a)(3), (4), or (5) may use the proceeds of the grant to purchase or lease equipment to train defense workers whose jobs have been threatened or lost because of an event described by Section 436.201(b) or to train workers to support military installations or defense facilities.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 840 (S.B. 318), Sec. 2
(c)  An eligible local governmental entity described by Section 436.201(a)(3), (4), or (5) may use the proceeds of the grant to purchase or lease equipment to train defense workers whose jobs have been threatened or lost because of an event described by Section 436.201(b) or to train workers to support the mission at military installations or defense facilities.
Added by Acts 2013, 83rd Leg., R.S., Ch. 777 (S.B. 1200), Sec. 11, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 71 (S.B. 503), Sec. 4, eff. May 22, 2015.
Acts 2015, 84th Leg., R.S., Ch. 840 (S.B. 318), Sec. 2, eff. June 17, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter E. Grants › Section 436.204. Application for Grant

Sec. 436.204.  APPLICATION FOR GRANT.  (a)  A local governmental entity may apply for a grant under this subchapter to the commission on a form prescribed by the commission.  The commission shall establish periodic application cycles to enable the evaluation of groups of applicants.
(b)  The commission may assist a local governmental entity in applying for a grant under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 777 (S.B. 1200), Sec. 11, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 330 (S.B. 1358), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter E. Grants › Section 436.205. Panel: Evaluation of Application

Sec. 436.205.  PANEL:  EVALUATION OF APPLICATION.  (a)  The commission shall establish a defense economic adjustment assistance panel composed of at least three and not more than five professional full-time employees of the office of the governor appointed by the director of the commission.
(b)  The panel shall evaluate each grant application and assign the applicant a score based on:
(1)  the significance of the adverse or positive effect within the local governmental entity; and
(2)  any other criteria established by the commission.
Added by Acts 2013, 83rd Leg., R.S., Ch. 777 (S.B. 1200), Sec. 11, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 83 (S.B. 1443), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 436 - Texas Military Preparedness Commission › Subchapter E. Grants › Section 436.206. Making of Grant

Sec. 436.206.  MAKING OF GRANT.  The panel shall submit its scores to the commission.  The commission shall use the scores to determine whether to make a grant to an applicant.  The commission may not make a grant unless the legislature has appropriated the money for the grant.
Added by Acts 2013, 83rd Leg., R.S., Ch. 777 (S.B. 1200), Sec. 11, 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 A. General Provisions › Section 437.001. Definitions

Sec. 437.001.  DEFINITIONS.  In this chapter:
(1)  "Active military service" means state active duty service, federally funded state active duty service, or federal active duty service.  The term does not include service performed exclusively for training, such as basic combat training, advanced individual training, annual training, inactive duty training, and special training periodically made available to service members.
(2)  "Adjutant general" means the military commander of the Texas military forces.
(3)  "Department" means the Texas Military Department.
(4)  "Employee" has the meaning assigned by Section 21.002, Labor Code.
(5)  "Employer" has the meaning assigned by Section 21.002, Labor Code.
(6)  "Director of state administration" means the administrative head of the department who is responsible for managing the department.
(7)  "Military duty" means any activity of a service member performing a duty under a lawful military order, including training.
(8)  "Service member" means a member or former member of the state military forces or a component of the United States armed forces, including a reserve component.
(9)  "State active duty" means the performance of military or emergency service for this state at the call of the governor or the governor's designee.
(10)  "State military forces" means the Texas military forces.
(11)  "State training and other duty" means the service and training typically performed by service members in preparation for state active duty.  The term includes training for man-made and natural disaster response and maintenance of equipment and property.
(12)  "Temporary state employee" means a service member who is not a full-time or part-time state employee and who is on state active duty.
(13)  "Texas Military Department" means the state agency charged with administrative activities in support of the Texas military forces.
(14)  "Texas military forces" means the Texas National Guard, the Texas State Guard, and any other military force organized under state law.
(15)  "Texas National Guard" means the Texas Army National Guard and the Texas Air National Guard.
(16)  "Texas State Guard" means the volunteer military forces that provide community service and emergency response activities for this state, as organized under the Second Amendment to the United States Constitution, and operating as a defense force authorized under 32 U.S.C. Section 109.
(17)  "Unit" means any organized group of the Texas military forces that has a designated commander.
(18)  "Unit fund" means:
(A)  money held by a military unit to support the service members in the military unit while serving in the Texas military forces;
(B)  the state post exchange services account; or
(C)  the 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 2019, 86th Leg., R.S., Ch. 224 (H.B. 1326), Sec. 1, 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 A. General Provisions › Section 437.0011. Reference in Other Law

Sec. 437.0011.  REFERENCE IN OTHER LAW.  A reference in other law to the adjutant general's department means the Texas Military 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 A. General Provisions › Section 437.002. Commander-in-Chief

Sec. 437.002.  COMMANDER-IN-CHIEF.  (a)  The governor is the commander-in-chief of the Texas military forces, except any portion of those forces in the service of the United States.  The governor has full control and authority over all matters relating to the Texas military forces, including organization, equipment, and discipline.
(b)  If the governor is unable to perform the duties of commander-in-chief, the adjutant general shall command the Texas military forces, unless the state constitution or other state law requires the lieutenant governor or the president of the senate to perform the duties of governor.
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 A. General Provisions › Section 437.003. Governor's Military Appointments

Sec. 437.003.  GOVERNOR'S MILITARY APPOINTMENTS.  (a)  The governor, with the advice and consent of the senate, shall appoint an adjutant general to a two-year term expiring February 1 of each even-numbered year.  The adjutant general is responsible for leading and managing the Texas military forces.  The adjutant general is subordinate only to the governor in matters pertaining to the Texas military forces.  The adjutant general's rank is assigned at the discretion of the governor and may not exceed lieutenant general.  Federal recognition is at the rank authorized by the National Guard Bureau.  The adjutant general may be referred to as the commanding general of the Texas military forces.
(b)  On recommendation of the adjutant general, the governor shall appoint a deputy adjutant general for army, a deputy adjutant general for air, and the commander of the Texas State Guard.  The deputy adjutants general and commander serve until replaced.  To be qualified for appointment as a deputy adjutant general, a service member must have the qualifications required for appointment as adjutant general.
(c)  The governor shall appoint, commission, and assign the Texas State Guard general officers.  The governor may remove or reassign an officer.  To be eligible for appointment as a general officer, a service member must have:
(1)  been a federally recognized officer of not less than field grade of the Texas National Guard or a regular or reserve component of the United States military or served at least 15 years of combined service as a commissioned officer in the Texas military forces or a regular or reserve component of the United States military; and
(2)  served at least three years as a commissioned officer in the Texas State Guard.
(d)  The governor may delegate the powers granted by Subsection (c) 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 A. General Provisions › Section 437.004. Regulating Texas Military Forces

Sec. 437.004.  REGULATING TEXAS MILITARY FORCES.  (a)  The governor shall make and publish regulations, according to existing federal and state law, to govern the Texas military forces.  The regulations must address general orders and forms for the performance of duties of service members on military duty, including provisions governing courts-martial.
(b)  The governor may reorganize and provide regulations relating to the organization of any portion of the Texas National Guard, Texas State Guard, emergency militia, or other military force organized under state law.
(c)  The governor may obtain from the United States government the arms, equipment, munitions, or other military supplies to which the state is entitled for use by the Texas military forces.
(d)  The governor, as the governor determines to be in this state's best interest, shall designate the locations for storage of arms, equipment, munitions, or other military property owned by or under the control of this state.
(e)  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 A. General Provisions › Section 437.005. Authority for State Active Duty, State Training, and Other Duty

Sec. 437.005.  AUTHORITY FOR STATE ACTIVE DUTY, STATE TRAINING, AND OTHER DUTY.  (a)  The governor may activate all or part of the Texas military forces to state active duty or for state training and other duty.  The governor may delegate all or part of the authority granted by this section to the adjutant general.
(b)  On delegation of the authority by the governor, the adjutant general may order all or part of the Texas military forces to state training and other duty if funding has been provided in the General Appropriations Act or volunteer resources are available.
(c)  On delegation of the authority by the governor, the adjutant general may order all or part of the Texas military forces to state training and other duty if requested by a federal, state, or local governmental entity and the entity authorizes reimbursement of the costs to this state.
(d)  A service member called to state active duty or to state training and other duty has the rights, privileges, duties, functions, and authorities conferred or imposed by state law.
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 A. General Provisions › Section 437.006. Officers

Sec. 437.006.  OFFICERS.  (a)  The governor shall appoint and commission officers of the Texas National Guard.  To be eligible for appointment, a service member must be qualified under United States law and regulations.
(b)  The adjutant general shall appoint and commission officers, other than a general officer, in the Texas State Guard.  To be eligible for appointment, a service member must be qualified under state guard regulations and be recommended for appointment by the commander of the state guard.
(c)  An officer appointed under this section shall take and subscribe the official oath.
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 A. General Provisions › Section 437.007. Enlistment and Appointment

Sec. 437.007.  ENLISTMENT AND APPOINTMENT.  (a)  Federal law prescribes the terms and the qualifications and requirements for enlistment and appointment in the Texas National Guard.  The governor and legislature may prescribe additional terms, qualifications, and requirements that do not conflict with federal law.
(b)  Enlistment in the Texas State Guard is prescribed by Subchapter G.
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 A. General Provisions › Section 437.008. Military Facilities Projects: Matching Federal Funds

Sec. 437.008.  MILITARY FACILITIES PROJECTS:  MATCHING FEDERAL FUNDS.  If the governor, after consulting with the adjutant general, determines that the state is eligible for federal matching funds for projects at military facilities in this state, the governor may direct that money appropriated for another purpose be used to obtain the federal matching funds if the appropriation authorizes the money to be used for that 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 B. Texas Military Department › Section 437.051. Sunset Provision

Sec. 437.051.  SUNSET PROVISION.  The department is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished September 1, 2031.
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. 2, 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 B. Texas Military Department › Section 437.052. Adjutant General: Jurisdiction, Division of Responsibilities, and Qualifications

Sec. 437.052.  ADJUTANT GENERAL:  JURISDICTION, DIVISION OF RESPONSIBILITIES, AND QUALIFICATIONS.  (a)  The adjutant general exercises the jurisdiction and powers conferred by this subtitle.  The adjutant general is the governing officer, policy maker, and head of the department.
(b)  The adjutant general shall adopt and implement regulations or policies that clearly separate the adjutant general's responsibilities from the administrative responsibilities of the department's director of state administration and staff.
(c)  To be eligible for appointment as adjutant general, a service member must:
(1)  at the time of appointment, be serving as a federally recognized officer of not less than colonel in the Texas National Guard;
(2)  have previously served on active duty or active duty for training with the United States Army or Air Force;
(3)  meet for the year the appointment is made the submission requirements of the General Officer Federal Recognition Board or its successor; and
(4)  have completed at least 15 years of service as a federally recognized reserve or active duty commissioned officer with an active unit of the United States Army or Air Force, the National Guard, or the Texas National Guard, including at least five years with the Texas National Guard.
(d)  The appointment of the adjutant general shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
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. 3, 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 B. Texas Military Department › Section 437.053. Adjutant General: Duties

Sec. 437.053.  ADJUTANT GENERAL: DUTIES.  The adjutant general shall:
(1)  perform duties assigned by the governor relating to the military affairs of this state;
(2)  assume responsibility for the overall leadership, management, accountability, and operations of the Texas military forces, including the transportation of troops, munitions, military equipment, and property in this state;
(3)  assume responsibility for all administration of the department, including ensuring compliance with applicable state law and priorities and overseeing state employees;
(4)  oversee the preparation of returns and reports required of this state by the United States;
(5)   maintain a register of all officers of the Texas military forces;
(6)   publish at state expense, when necessary, state military law and regulations;
(7)   make available annual reports concerning the Texas military forces;
(8)   establish reasonable and necessary fees for the administration of this subtitle;
(9)   employ and arm, as the adjutant general determines appropriate, persons licensed under Title 10, Occupations Code, to protect property that is under the adjutant general's authority and to satisfy applicable security requirements;
(10)   define and prescribe the kind and amount of supplies, including operational munitions for use in this state, to be purchased for the Texas military forces;
(11)   prescribe general regulations for the maintenance of supplies and for the transportation and distribution of supplies from the place of purchase to camps, stations, companies, or other necessary places of safekeeping;
(12)   have supplies, whether the property of the United States or this state, properly cared for and kept in good order and ready for use; and
(13)   as the adjutant general determines appropriate, sell or destroy property and supplies or exchange property and supplies for other military property and supplies.
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. 4, 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 B. Texas Military Department › Section 437.0531. Equal Employment Opportunity Policy Statement

Sec. 437.0531.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.  The adjutant general shall adopt a written policy statement to implement a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that comply with Chapter 21, Labor Code;
(2)  a comprehensive analysis of the department's workforce that meets federal and state laws, rules, and regulations and instructions directly adopted from those laws, rules, and regulations;
(3)  procedures for determining the extent of underuse in the department's workforce of persons for whom federal or state laws, rules, and regulations and instructions directly adopted from those laws, rules, and regulations encourage a more equitable balance; and
(4)  reasonable methods to appropriately address the areas of underuse described in Subdivision (3).
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 B. Texas Military Department › Section 437.054. Adjutant General: General Powers

Sec. 437.054.  ADJUTANT GENERAL:  GENERAL POWERS.  (a)  The adjutant general is the decision-making authority on all matters concerning the location and maintenance of military forces and facilities in this state.  The adjutant general may set priorities for the construction, renovation, repair, and maintenance of Texas military forces armories, facilities, and improvements owned or leased by this state.  The adjutant general in this capacity is a public authority and a body politic and corporate and has all powers necessary for the acquisition, construction, rental, control, maintenance, operation, and disposition of Texas military forces facilities and real property and all associated property and equipment.
(b)  The adjutant general may execute the cooperative agreements with the National Guard Bureau and an interagency military agreement with a federal, state, or local governmental or quasi-governmental agency.
(c)  The adjutant general may delegate the authority granted under this section in whole or in part.
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 B. Texas Military Department › Section 437.055. Seal

Sec. 437.055.  SEAL.  The seal of the adjutant general consists of a five-pointed star with "Adjutant General, State of Texas" around the margin.
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 B. Texas Military Department › Section 437.056. Mandatory Training for Adjutant General

Sec. 437.056.  MANDATORY TRAINING FOR ADJUTANT GENERAL.  (a)  Before the adjutant general may assume the duties of the office and before the adjutant general may be confirmed by the senate, the adjutant general must complete at least one course of the training program established under this section.
(b)  A training program established under this section must provide information to the adjutant general regarding:
(1)  this chapter;
(2)  the federal and state programs operated by the department;
(3)  the federal and state roles and functions of the department;
(4)  the regulations of the department, with an emphasis on disciplinary and investigatory authority regulations;
(5)  the current budget for the department, with emphasis on state and federal funds;
(6)  the results of the most recent formal federal and state audits of the department;
(7)  the requirements of:
(A)  Chapter 552; and
(B)  the federal Freedom of Information Act (5 U.S.C. Section 552);
(8)  the requirements of the conflict-of-interest laws and other laws relating to public officials;
(9)  any applicable ethics policies adopted by the department or the Texas Ethics Commission; and
(10)  the requirements and development of the Master Cooperative Agreements between this state and the federal government.
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 B. Texas Military Department › Section 437.057. Deputy Adjutants General

Sec. 437.057.  DEPUTY ADJUTANTS GENERAL.  (a)  A deputy adjutant general has the rank prescribed by the governor, not to exceed the grade authorized for federal recognition in the position.  A deputy adjutant general may not be promoted to a rank higher than that of the adjutant general.  A deputy adjutant general is entitled to the rights, privileges, amenities, and immunities granted officers of that rank in the Texas National Guard.  A deputy adjutant general may be removed from office by the governor.
(b)  A deputy adjutant general shall assist the adjutant general by performing assigned duties.  If the adjutant general is dead, absent, or unable to act, the deputy adjutant general who is designated in the adjutant general's succession plan shall perform the duties of the adjutant general.
(c)  Each deputy adjutant general must complete the training required of the adjutant general as prescribed by Section 437.056 not later than the 60th day after the date of appointment.
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 B. Texas Military Department › Section 437.058. General Officers

Sec. 437.058.  GENERAL OFFICERS.  (a)  The adjutant general may appoint as general officers one or more assistant deputy adjutants general for army, an assistant deputy adjutant general for air, an assistant adjutant general for homeland security, and an assistant adjutant general for domestic operations.
(b)  A general officer may not be promoted to a rank higher than that of the adjutant general.
(c)  A general officer appointed under this section is responsible to and serves at the pleasure of the adjutant general.
(d)  The assistant deputy adjutants general for army shall support the deputy adjutant general for army, represent the command staff at events as needed, and manage the activities assigned by the adjutant general or the deputy adjutant general for army.
(d-1)  The assistant deputy adjutant general for air shall support the deputy adjutant general for air, represent the command staff at events as needed, and manage the activities assigned by the adjutant general or the deputy adjutant general for air.
(e)  The assistant adjutant general for homeland security, as determined by the adjutant general, shall:
(1)  coordinate with other state agencies in matters pertaining to homeland security; and
(2)  coordinate homeland security actions taken by the National Guard Bureau in this state.
(f)  The assistant adjutant general for domestic operations shall:
(1)  coordinate activities of the Texas military forces with the National Guard Bureau to ensure state emergency services are provided and organized to support the state operations center; and
(2)  coordinate with other federal, state, and local jurisdictions and officials.
(g)  The Texas military forces shall have at least one traditional Texas Air National Guard general officer and two traditional Texas Army National Guard general officers to support the operation and command of the Texas National Guard.
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. 383 (S.B. 102), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 831 (H.B. 1905), 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 B. Texas Military Department › Section 437.059. Adjutant General Appointments

Sec. 437.059.  ADJUTANT GENERAL APPOINTMENTS.  The adjutant general, as the adjutant general determines appropriate and with available funds, may appoint full-time employees of the department, traditional national guard members, state guard volunteers, or federal employees.
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 B. Texas Military Department › Section 437.060. Conflict of Interest Provisions

Sec. 437.060.  CONFLICT OF INTEREST PROVISIONS.  (a)  A person may not be appointed adjutant general, a deputy adjutant general, a general officer, judge advocate general, or director of state administration if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the department.
(b)  An officer, employee, or paid consultant of a Texas trade association in the field of defense or veterans affairs may not be appointed adjutant general, a deputy adjutant general, a general officer, judge advocate general, or director of state administration.
(c)  A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of defense or veterans affairs may not be appointed adjutant general, a deputy adjutant general, a general officer, judge advocate general, or director of state administration.
(d)  For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 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. 5, 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 B. Texas Military Department › Section 437.061. Removal Provisions for Adjutant General

Sec. 437.061.  REMOVAL PROVISIONS FOR ADJUTANT GENERAL.  (a)  It is a ground for removal that the adjutant general:
(1)  does not have at the time of appointment the qualifications for service required by this chapter;
(2)  does not maintain the qualifications for service required by this chapter;
(3)  does not obtain approval of the General Officer Federal Recognition Board or its successors;
(4)  is found to have violated ethical standards of conduct of the federal government, this state, or the department; or
(5)  cannot discharge the duties required by the position because of illness or disability.
(b)  The validity of an action of the adjutant general is not affected by the fact that it is taken when a ground for removal exists.
(c)  If a potential ground for removal exists, the deputy adjutant general with the longest tenure in that position in the department shall notify the governor that a potential ground for removal exists.
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 B. Texas Military Department › Section 437.062. Salaries

Sec. 437.062.  SALARIES.  (a)  The adjutant general is entitled to a salary in the amount designated in the General Appropriations Act.
(b)  A deputy adjutant general, general officer, or director of state administration employed under this chapter is entitled to a salary subject to the classification and salary schedule provisions defined 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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 224 (H.B. 1326), Sec. 6, 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 B. Texas Military Department › Section 437.063. Adjutant General: Delegation of Expenditure Approval Authority

Sec. 437.063.  ADJUTANT GENERAL: DELEGATION OF EXPENDITURE APPROVAL AUTHORITY. The adjutant general may delegate the authority to approve department expenditures to the director of state administration.
Added by Acts 2017, 85th Leg., R.S., Ch. 260 (H.B. 1630), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 224 (H.B. 1326), Sec. 7, 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 437.101. Director of State Administration

Sec. 437.101.  DIRECTOR OF STATE ADMINISTRATION.  (a)  The director of state administration is a senior-level employee of the department and is appointed by and serves at the pleasure of the adjutant general.
(b)  Subject to Sections 437.052 and 437.054, the director of state administration may enter into contracts related to the purposes or duties of the department and may have and use a corporate seal.
(c)  The director of state administration is responsible for the daily administration of the department's state support operations and the operational compliance with the cooperative agreements between the department and the National Guard Bureau.
(d)  The adjutant general shall adopt and implement a policy outlining the director of state administration's responsibility for state administrative interests across all department programs, including evaluating procedures for oversight of state employees and mitigating administrative and other compliance risks.
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. 8, 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 437.102. Department Personnel

Sec. 437.102.  DEPARTMENT PERSONNEL.  (a)  The director of state administration may hire employees as necessary to carry on the state support operations of the department.
(b)  The director of state administration or the director of state administration's designee shall provide to the adjutant general and to department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
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. 9, 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 437.103. State Guard Administrative Personnel

Sec. 437.103.  STATE GUARD ADMINISTRATIVE PERSONNEL.  (a)  Except as provided by Subsection (b), to be eligible to hold a position relating to the daily operations and coordination of the Texas State Guard, an employee must maintain membership in the Texas State Guard.
(b)  For good cause, the adjutant general may exempt a position from the requirement under Subsection (a) by placing a letter stating the reason for the exemption in the state human resources files at 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 437.104. Career Ladder Program; Performance Evaluations

Sec. 437.104.  CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.  (a)  The director of state administration shall develop a career ladder program. The program must require intra-agency postings of all non-entry level positions concurrently with any public posting.
(b)  The director of state administration shall develop a system of employee performance evaluations. The system must require that evaluations be conducted at least annually. All merit pay for department employees must be based on the system established under this subsection.
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. 10, 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 437.105. Authority to Make Differential Payments

Sec. 437.105.  AUTHORITY TO MAKE DIFFERENTIAL PAYMENTS.  The department may pay an employee additional compensation for duty hours other than Monday through Friday normal business hours or for the ability to legally carry weapons if required for the position.  The department shall adopt regulations to establish the classification, procedures, and amount of the additional compensation.  The department may make differential payments only if money is available to pay those amounts.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.