reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter A. General Provisions › Section 431.001. Definitions

Sec. 431.001.  DEFINITIONS.  In this chapter:
(1)  "Reserve militia" means the persons liable to serve, but not serving, in the state military forces.
(1-a)  "Servicemember" has the meaning assigned by Section 161.551, Health and Safety Code.
(2)  "State militia" means the state military forces and the reserve militia.
(3)  "State military forces" means the Texas National Guard, the Texas State Guard, and any other active militia or military force organized under state law.
(4)  "Texas National Guard" means the Texas Army National Guard and the Texas Air National Guard.
(5)  "Employee" has the meaning assigned by Section 21.002, Labor Code.
(6)  "Employer" has the meaning assigned by Section 21.002, Labor Code.
(7)  "Political subdivision" has the meaning assigned by Section 21.002, Labor Code.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1381 (S.B. 1058), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter B. Adjutant General's Department › Section 431.030. Report of Military Use of Property

Sec. 431.030.  REPORT OF MILITARY USE OF PROPERTY.  (a)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 4.01(2), eff. September 1, 2013.
Without reference to the amendment of this subsection, this subchapter was repealed by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 4.01(2), eff. September 1, 2013.
(b)  Not later than August 1 of the year in which the Commissioner of the General Land Office submits a report as provided by Section 31.157, Natural Resources Code, the adjutant general shall submit a preliminary report of the report required under Subsection (a) to the Commissioner of the General Land Office identifying the real property used for military purposes.  Not later than September 1 of the year in which the Commissioner of the General Land Office submits a report as provided by Section 31.157, Natural Resources Code, the adjutant general shall submit the report as required by Subsection (a) to:
(1)  the governor;
(2)  the presiding officer of each house of the legislature; and
(3)  the Governor's Office of Budget, Planning, and Policy.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 907, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1021, Sec. 8, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1168, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1335 (S.B. 1724), Sec. 4, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 4.01(2), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 31, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter B. Adjutant General's Department › Section 431.034. Report

Sec. 431.034.  REPORT.
Without reference to the amendment of this subsection, this subchapter was repealed by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 4.01(2), eff. September 1, 2013.
(a)  The adjutant general annually shall report to the governor.  The report shall be delivered to the legislature.  The report must include:
(1)   an account, to the extent of the adjutant general's knowledge, of all arms, ammunition, and other military property owned by or in possession of the state, the source from which it was received, to whom it is issued, and its present condition;
(2)  a statement of the number, condition, and organization of the Texas National Guard and reserve militia;
(3)  suggestions that the adjutant general considers important to the military interests and conditions of the state and the perfection of its military organization;
(4)  a list and description of all Texas National Guard missions that are in progress at the time the report is prepared; 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 war-fighting strategies, including strategies used in the war on terrorism.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 4.01(2), eff. September 1, 2013.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1021, Sec. 9, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 31, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 4.01(2), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 32, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter E. Reserve Militia › Section 431.071. Military Duty

Sec. 431.071.  MILITARY DUTY.  (a)  The reserve militia is not subject to active military duty, except that the governor may call into service the portion of the reserve militia needed for the period required in case of war, insurrection, invasion or prevention of invasion, suppression of riot, tumult, or breach of peace or to aid civil officers to execute law or serve process.
(b)  The governor may assign members of the reserve militia who are called into service to existing organizations of the state military forces or organize them as circumstances require.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter E. Reserve Militia › Section 431.072. County Emergency Board

Sec. 431.072.  COUNTY EMERGENCY BOARD.  The county emergency board of each county consists of the county judge, sheriff, and tax assessor-collector.  If one of those officers is unable to act, the governor shall designate another public official to serve on the board.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter E. Reserve Militia › Section 431.073. Draft

Sec. 431.073.  DRAFT.  (a)  The governor, by order to the county emergency board, shall apportion the number of members of the reserve militia called into service among the counties by draft according to each county's population or by other means the governor directs.  The county emergency board shall establish fair and equitable procedures for selection of persons to fill the draft according to regulations adopted by the governor.  On completion of the selection, the board shall deliver a list of the persons selected to the governor and notify each person selected of the time and place to appear and report.
(b)  A member of the reserve militia while in active service is a member of the state military forces under Section 432.001(16), and is subject to the punitive provisions of Chapter 432.  A member who does not appear at the time and place designated by the county emergency board shall be punished as a court-martial directs.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter E. Reserve Militia › Section 431.074. Penalty

Sec. 431.074.  PENALTY.  (a)  A member of a county emergency board who neglects or refuses to perform a duty required by this subchapter commits an offense.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000 and confinement in jail for not less than six nor more than 12 months.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter H. Calling of Forces › Section 431.111. Calling of Forces by Governor

Sec. 431.111.  CALLING OF FORCES BY GOVERNOR.  (a)  The governor may call all or part of the state military forces to repel or suppress an invasion of or insurrection in or threatened invasion of or insurrection in the state or if the governor considers it necessary to enforce state law.  If the number of state military forces is insufficient, the governor shall call the part of the reserve militia that the governor considers necessary.
(b)  The governor may call all or part of the state military forces to assist civil authorities in guarding prisoners, conveying prisoners within the state, or executing law as the public interest or safety requires.
(c)  The governor may order a commander of a unit of the state military forces to appear at a time and place directed to suppress or prevent tumult, riot, or the actions of a group of persons acting together by force with intent to commit a breach of the peace or violence to a person or property or to otherwise violate state law.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter H. Calling of Forces › Section 431.112. Calling of Forces by Other Official

Sec. 431.112.  CALLING OF FORCES BY OTHER OFFICIAL.  If military aid is immediately and urgently necessary to prevent or suppress violence under Section 431.111(c) and it is impracticable to secure the aid in time by order of the governor, the district judge of the judicial district, the sheriff of the county, or the mayor of the municipality in which the disturbance occurs may call for aid on the commanding officer of the state military forces stationed in the judicial district, county, or municipality or an adjacent judicial district, county, or municipality.  The officer must make the call in writing and shall immediately notify the governor of the action.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter H. Calling of Forces › Section 431.113. Duty of Commanding Officer

Sec. 431.113.  DUTY OF COMMANDING OFFICER.  (a)  On receipt of a call under this subchapter, a commanding officer immediately shall order the called forces under the officer's command to parade at the time and place appointed and shall notify the governor of the action.
(b)  After the forces have appeared at the appointed place, the commanding officer shall obey and execute the general instructions of the civil authorities charged by law with the suppression of riot or tumult or the preservation of public peace.  The instructions must be in writing, except that if written instructions are impracticable the instructions must be given verbally in the presence of two or more credible witnesses.  The commanding officer is solely responsible for determining the kind and extent of force to be used and the method of implementing the instructions.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter H. Calling of Forces › Section 431.114. Sale of Arms

Sec. 431.114.  SALE OF ARMS.  The commanding officer of forces called to enforce law may order the closing of any place where arms, ammunition, or explosives are sold and forbid the sale, barter, loan, or gift of arms, ammunition, or explosives while forces are on duty in or near that place.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 431 - State Militia › Subchapter H. Calling of Forces › Section 431.115. State of Insurrection

Sec. 431.115.  STATE OF INSURRECTION.  The governor by proclamation may declare any portion of the state where state military forces are serving in aid of the civil authority to be in a state of insurrection, if the governor determines that law and order will be promoted by the declaration.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter A. General Provisions › Section 432.001. Definitions

Sec. 432.001.  DEFINITIONS.  In this chapter:
(1)  "Accuser" means a person who signs and swears to charges, who directs that charges nominally be signed and sworn to by another, or who has an interest other than an official interest in the prosecution of the accused.
(2)  "Active state duty" means duty authorized under the constitution and laws of the state and all training authorized under Title 32, United States Code.
(3)  "Commanding officer" includes commissioned officers and warrant officers of the state military forces who either have been appointed to command by a superior authority or have lawfully assumed command.
(4)  "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding temporarily, or a successor in command.
(5)  "Day" means a calendar day and is not synonymous with unit training assembly or any other accounting for training.  A punishment authorized under this chapter that is measured in terms of days means calendar days.
(6)  "Duty" means any presence or performance of any service with or on behalf of the state military forces.
(7)  "Enlisted member" means a person in an enlisted grade.
(8)  "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
(9)  "Judge advocate" means a commissioned officer appointed to serve as a judge advocate by the adjutant general under Section 432.005(b).
(10)  "Legal officer" means a commissioned officer of the state military forces designated to perform legal duties for a command.
(11)  "Military" refers to all or part of the state military forces.
(12)  "Military court" means a court-martial, court of inquiry, military commission, or provost court.
(13)  "Military judge" means an official of a court-martial detailed in accordance with Section 432.045.
(14)  "Officer" means a commissioned or warrant officer of the state military forces.
(15)  "Officer candidate" means a candidate of the state officer candidate school.
(16)  "Rank" means the order of precedence among members of the state military forces.
(17)  "State judge advocate general" means the judge advocate general of the state military forces, commissioned in those forces, and responsible for supervising the administration of military justice in the state military forces, and performing other legal duties required by the adjutant general.
(18)  "State military forces" means the National Guard of this state, as defined in Title 32, United States Code, and other militia or military forces organized under the laws of this state.
(19)  "Superior commissioned officer" means a commissioned officer superior in rank or command.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter A. General Provisions › Section 432.002. Persons Subject to Chapter

Sec. 432.002.  PERSONS SUBJECT TO CHAPTER.  This chapter applies to all members of the state military forces who are not in federal service under Title 10, United States Code.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter A. General Provisions › Section 432.003. Jurisdiction to Try Certain Personnel

Sec. 432.003.  JURISDICTION TO TRY CERTAIN PERSONNEL.  (a)  A person discharged from the state military forces who is later charged with having fraudulently obtained the discharge is, except as provided by Section 432.068, subject to trial by court-martial on that charge and is, after apprehension, subject to this chapter while in custody of the military for that trial.  On conviction of that charge the person is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge.
(b)  A person who has deserted from the state military forces may not be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter A. General Provisions › Section 432.004. Territorial Applicability of Chapter

Sec. 432.004.  TERRITORIAL APPLICABILITY OF CHAPTER.  (a)  This chapter applies in all places and to all persons otherwise subject to this chapter while they are serving outside the state and while they are going to and returning from service outside the state, in the same manner and to the same extent as if they were serving inside the state.
(b)  Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state, with the same jurisdiction and power as to persons subject to this chapter as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter A. General Provisions › Section 432.005. Judge Advocates and Legal Officers

Sec. 432.005.  JUDGE ADVOCATES AND LEGAL OFFICERS.  (a)  The adjutant general shall appoint an officer of the state military forces as state judge advocate general.  To be eligible for appointment, an officer must be a member of the State Bar of Texas for at least five years.
(b)  The adjutant general shall appoint judge advocates and legal officers on recommendation by the state judge advocate general.  To be eligible for appointment, a judge advocate or legal officer must be an officer of the state military forces and a member of the State Bar of Texas.
(c)  The state judge advocate general or his assistants shall make frequent inspections in the field in supervision of the administration of military justice.
(d)  Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice.  The staff judge advocates or legal officers of a command are entitled to communicate directly with the staff judge advocates or legal officers of a superior or subordinate command or with the state judge advocate general.
(e)  A person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense in a case, may not later act as staff judge advocate or legal officer to a reviewing authority on the same case.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter B. Apprehension and Restraint; Nonjudicial Punishment › Section 432.008. Apprehension

Sec. 432.008.  APPREHENSION.  (a)  In this subchapter, "apprehend" means to take a person into custody.
(b)  A person authorized by this chapter or by regulations issued under it to apprehend a person subject to this chapter, a marshal of a court-martial appointed under this chapter, and a peace officer having authority to apprehend offenders under the laws of the United States or of a state, may do so on reasonable belief that an offense has been committed and that the person apprehended committed it.
(c)  Commissioned officers, warrant officers, and noncommissioned officers may quell quarrels, frays, and disorders among persons subject to this chapter and apprehend persons subject to this chapter who take part in those activities.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter B. Apprehension and Restraint; Nonjudicial Punishment › Section 432.009. Apprehension of Deserters

Sec. 432.009.  APPREHENSION OF DESERTERS.  A civil officer or peace officer having authority to apprehend offenders under the laws of the United States or a state, territory, commonwealth, or possession, or the District of Columbia, may summarily apprehend a deserter from the state military forces and deliver the deserter into the custody of the state military forces.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter B. Apprehension and Restraint; Nonjudicial Punishment › Section 432.010. Imposition of Restraint

Sec. 432.010.  IMPOSITION OF RESTRAINT.  (a)  In this subchapter:
(1)  "Arrest" means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits.
(2)  "Confinement" means the physical restraint of a person.
(b)  An enlisted member may be ordered into arrest or confinement by a commissioned officer by an oral or written order delivered in person, through other persons subject to this chapter, or through a person authorized by this chapter to apprehend persons.  A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the officer's company or subject to the officer's authority into arrest or confinement.
(c)  A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority the person is subject, by an oral or written order delivered in person or by another commissioned officer.  The authority to order such persons apprehended or into arrest or confinement may not be delegated.
(d)  A person may not be ordered apprehended or into arrest or confinement except for probable cause.
(e)  This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until the proper authority may be notified.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter B. Apprehension and Restraint; Nonjudicial Punishment › Section 432.011. Restraint of Persons Charged With Offenses

Sec. 432.011.  RESTRAINT OF PERSONS CHARGED WITH OFFENSES.  A person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require, but if charged with only an offense normally tried by a summary court-martial, the person may not ordinarily be placed in confinement.  If a person subject to this chapter is placed in arrest or confinement before trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person.  A person confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in a civilian jail.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter B. Apprehension and Restraint; Nonjudicial Punishment › Section 432.012. Reports and Receiving of Prisoners

Sec. 432.012.  REPORTS AND RECEIVING OF PRISONERS.  (a)  A provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail designated under Section 432.011 may not refuse to receive or keep a prisoner committed to the person's charge, when the committing person furnishes a statement, signed by the committing person, of the offense charged against the prisoner.
(b)  A commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or of any other jail designated under Section 432.011 to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter B. Apprehension and Restraint; Nonjudicial Punishment › Section 432.013. Punishment Prohibited Before Trial

Sec. 432.013.  PUNISHMENT PROHIBITED BEFORE TRIAL.  Subject to Section 432.093, a person, while being held for trial or the result of trial, may not be subjected to punishment or penalty other than arrest or confinement on the charges pending against the person, nor may the arrest or confinement imposed on the person be more rigorous than the circumstances require to ensure the person's presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter B. Apprehension and Restraint; Nonjudicial Punishment › Section 432.014. Delivery of Offenders to Civil Authorities

Sec. 432.014.  DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES.  (a)  Under regulations prescribed under this chapter a person subject to this chapter who is on active state duty and who is accused of an offense against civil authority may be delivered, on request, to the civil authority for trial.
(b)  If delivery under this section is made to a civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender, after having answered to the civil authorities for the offense, on the request of competent military authority, shall be returned to military custody for the completion of the sentence.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter D. Courts-Martial › Section 432.031. Courts-Martial Classified

Sec. 432.031.  COURTS-MARTIAL CLASSIFIED.  The three kinds of courts-martial in each of the state military forces are:
(1)  general court-martial, consisting of:
(A)  a military judge and not fewer than five members; or
(B)  only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves;
(2)  special court-martial, consisting of:
(A)   a military judge and not fewer than three members; or
(B)  only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in Subdivision (1)(B) requests; and
(3)  summary court-martial, consisting of one officer, who must be a military judge or an attorney licensed to practice law in this state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter D. Courts-Martial › Section 432.032. Jurisdiction of Court-Martial in General

Sec. 432.032.  JURISDICTION OF COURT-MARTIAL IN GENERAL.  Each force of the state military forces has court-martial jurisdiction over a member of the force who is subject to this chapter.  The Texas Army National Guard and the Texas Air National Guard have court-martial jurisdiction over all enlisted members subject to this chapter.  The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed by the governor.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter D. Courts-Martial › Section 432.033. Jurisdiction of General Court-Martial

Sec. 432.033.  JURISDICTION OF GENERAL COURT-MARTIAL.  (a)  Subject to Section 432.032, a general court-martial has jurisdiction to try a person subject to this chapter for any offense made punishable by this chapter and may, under limitations the governor prescribes, adjudge any of the following punishments:
(1)  reprimand;
(2)  forfeiture of pay and allowances;
(3)  a fine of not more than $10,000;
(4)  reduction of any enlisted member to any lower rank;
(5)  confinement for not more than five years;
(6)   dismissal or bad conduct or dishonorable discharge; or
(7)  any combination of those punishments.
(b)  A dismissal or dishonorable discharge may not be adjudged unless a complete record of the proceedings and testimony is made, counsel having the qualifications prescribed under Section 432.046(b) is detailed to represent the accused;  and a military judge is detailed to the trial.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 94 (S.B. 1217), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter D. Courts-Martial › Section 432.034. Jurisdiction of Special Court-Martial

Sec. 432.034.  JURISDICTION OF SPECIAL COURT-MARTIAL.  (a)  Subject to Section 432.032, a special court-martial has jurisdiction to try a person subject to this chapter, except a commissioned officer, for any offense under this chapter. A special court-martial has the same powers of punishment as a general court-martial, except that a special court-martial may not impose more than a $4,000 fine and confinement of not more than one year for a single offense.
(b)  A dismissal or bad conduct discharge may not be adjudged unless a complete record of the proceedings and testimony is made, counsel having the qualifications prescribed under Section 432.046(b) is detailed to represent the accused, and a military judge is detailed to the trial, except in a case in which a military judge cannot be detailed to the trial because of physical conditions or military exigencies.  In a case in which a military judge is not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason a military judge could not be detailed.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 94 (S.B. 1217), Sec. 3, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter D. Courts-Martial › Section 432.035. Jurisdiction of Summary Court-Martial

Sec. 432.035.  JURISDICTION OF SUMMARY COURT-MARTIAL.  (a)  Subject to Section 432.032, a summary court-martial has jurisdiction to try persons subject to this chapter, except officers, for any offense under this chapter.
(b)  A person of whom a summary court-martial has jurisdiction may not be brought to trial before a summary court-martial if the person objects.  If an accused objects to trial by summary court-martial, trial may be ordered by special or general court-martial, as appropriate.
(c)  A summary court-martial may sentence a person to pay a fine of not more than $1,000 and confinement for not more than 90 days for a single offense, to forfeit pay and allowances, and to reduction of a noncommissioned officer to any lower rank.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 94 (S.B. 1217), Sec. 4, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter D. Courts-Martial › Section 432.036. Jurisdiction of Court-Martial Not Exclusive

Sec. 432.036.  JURISDICTION OF COURT-MARTIAL NOT EXCLUSIVE.  The provisions of this chapter conferring jurisdiction on courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter E. Composition of Courts-Martial › Section 432.041. Who May Convene General Court-Martial

Sec. 432.041.  WHO MAY CONVENE GENERAL COURT-MARTIAL.  In the militia or state military forces not in federal service a general court-martial may be convened by:
(1)  the governor;  or
(2)  the adjutant general or any other general officer under regulations the governor may adopt.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter E. Composition of Courts-Martial › Section 432.042. Who May Convene Special Court-Martial

Sec. 432.042.  WHO MAY CONVENE SPECIAL COURT-MARTIAL.  In the state military forces not in federal service, any commander in the grade of O-5 or higher may convene a special court-martial.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter E. Composition of Courts-Martial › Section 432.043. Who May Convene Summary Court-Martial

Sec. 432.043.  WHO MAY CONVENE SUMMARY COURT-MARTIAL.  In the state military forces not in federal service, any commander in the grade of O-4 or higher may convene a summary court-martial.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter E. Composition of Courts-Martial › Section 432.044. Who May Serve on Court-Martial

Sec. 432.044.  WHO MAY SERVE ON COURT-MARTIAL.  (a)  Any state commissioned officer in a duty status is eligible to serve on a court-martial.
(b)  A warrant officer in a duty status is eligible to serve on general and special courts-martial for the trial of a person, other than a commissioned officer, who may lawfully be brought before the courts for trial.
(c)  An enlisted member of the state military forces in a duty status who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of an enlisted member of the state military forces who may lawfully be brought before the court for trial if, before the conclusion of a session called by the military judge under Section 432.064(a) before trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it.  After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained because of physical conditions or military exigencies.  If a sufficient number of enlisted members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.  In this subsection, "unit" means a regularly organized body of the state military forces not larger than a company, squadron, division of the naval militia, or body corresponding to a company, squadron, or division.
(d)  When it can be avoided, a person subject to this chapter may not be tried by a court-martial of which any member is junior to the accused in rank or grade.  On convening a court-martial, the convening authority shall detail as members of the court-martial members of the state military forces that, in the convening authority's opinion, are best qualified for the duty because of age, education, training, experience, length of service, and judicial temperament.  A member of the state military forces is not eligible to serve as a member of a general or special court-martial if the member is the accuser, is a witness, or has acted as investigating officer or counsel in the same case.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 11, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter E. Composition of Courts-Martial › Section 432.045. Military Judge of Court-Martial

Sec. 432.045.  MILITARY JUDGE OF COURT-MARTIAL.  (a)  The authority convening a general court-martial shall, and, subject to regulations issued by the governor, the authority convening a special or summary court-martial may, detail a military judge to the court-martial.  A military judge shall preside over open sessions of the court-martial to which the judge has been detailed.
(b)  A military judge must be a commissioned officer of the state military forces, a member of the State Bar of Texas, and certified to be qualified for duty as a military judge by the state judge advocate general of the state military forces.
(c)  The military judge of a general court-martial shall be designated by the state judge advocate general or his designee for detail by the convening authority, and unless the court-martial was convened by the governor or the adjutant general, neither the convening authority nor a member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge's performance of duty as a military judge.
(d)  A person who is the accuser, is a witness, or has acted as investigating officer or counsel in a case is not eligible to act as military judge in the same case.
(e)  The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.
(f)  A military judge detailed to preside over a court-martial is not subject to any report by the convening authority concerning the effectiveness, fitness, or efficiency of that military judge that relates to performance of duty as a military judge, nor any member of his staff.
(g)  A trial counsel, defense counsel, military judge, legal officer, summary court officer, or any other person certified by the state judge advocate general to perform legal functions under this chapter shall be used interchangeably, as needed, among all of the state military forces.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 12, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter E. Composition of Courts-Martial › Section 432.046. Detail of Trial Counsel and Defense Counsel

Sec. 432.046.  DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL.  (a)  The authority convening each general, special, or summary court-martial shall detail trial counsel, defense counsel, and assistants that the authority considers appropriate.  A person who has acted as investigating officer, military judge, or court member in a case may not act later as trial counsel or assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case.  A person who has acted for the prosecution may not act later in the same case for the defense, nor may a person who has acted for the defense act later in the same case for the prosecution.
(b)  Trial counsel or defense counsel detailed for a general court-martial must be:
(1)  a member of the State Bar of Texas;  and
(2)  certified as competent to perform those duties by the state judge advocate general.
(b-1)  Trial counsel or defense counsel detailed for a general court-martial may not be under the supervision or command of the other counsel unless the accused and the prosecution expressly waive this restriction.
(c)  In the case of a special or summary court-martial the accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under Subsection (b) unless counsel having those qualifications cannot be obtained because of physical conditions or military exigencies.  If counsel having those qualifications cannot be obtained, the court may be convened and the trial held, but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with those qualifications could not be obtained.  If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified.  If the trial counsel is a judge advocate or a member of the State Bar of Texas, the defense counsel detailed by the convening authority must be a judge advocate or a member of the State Bar of Texas.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 13, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter E. Composition of Courts-Martial › Section 432.047. Detail or Employment of Reporters and Interpreters

Sec. 432.047.  DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS.  Under regulations that the governor prescribes, the convening authority of a general or special court-martial, military commission, court of inquiry, or a military tribunal:
(1)  shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court, commission, or tribunal;  and
(2)  may detail or employ interpreters who shall interpret for the court, commission, or tribunal.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter E. Composition of Courts-Martial › Section 432.048. Absent and Additional Members

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