reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.111. Vacation of Suspension

Sec. 432.111.  VACATION OF SUSPENSION.  (a)  Before the vacation of the suspension of a special court-martial sentence that as approved includes a dismissal or dishonorable discharge, or of a general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.  The probationer has the right to be represented at the hearing by military counsel.
(b)  The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the governor in cases involving a general court-martial sentence and to the commanding officer of the force of the state military forces of which the probationer is a member in all other cases under Subsection (a).  If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(c)  The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
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 I. Review of Courts-Martial › Section 432.112. Petition for New Trial

Sec. 432.112.  PETITION FOR NEW TRIAL.  At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate general for a new trial on ground of newly discovered evidence or fraud on the court-martial.  If the accused's case is pending before the Texas Court of Military Appeals when the petition is filed, the appeal does not proceed until the state judge advocate general has made a decision on the request.  If the petition is granted, the appeal shall be dismissed.  If the petition is denied, the court of military appeals shall continue its proceedings on the case.
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 I. Review of Courts-Martial › Section 432.113. Remission or Suspension

Sec. 432.113.  REMISSION OR SUSPENSION.  (a)  A convening authority may remit or suspend any part or amount of the unexecuted part of a sentence, including all uncollected forfeitures.
(b)  The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
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 I. Review of Courts-Martial › Section 432.114. Restoration

Sec. 432.114.  RESTORATION.  (a)  Under regulations the governor prescribes, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed on a new trial or hearing.
(b)  If a previously executed sentence of dishonorable discharge is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.
(c)  If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed only by the governor to the commissioned grade and with the rank that in the opinion of the governor the former officer would have attained if the officer had not been dismissed.  The reappointment of the former officer may be made if a position vacancy is available under applicable tables of organization.  All time between the dismissal and reappointment shall be considered as service for all purposes.
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 I. Review of Courts-Martial › Section 432.115. Finality of Proceedings, Findings, and Sentences

Sec. 432.115.  FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES.  The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval as required by this chapter, are final and conclusive.  Orders publishing the proceedings of the courts-martial and all action taken pursuant to those proceedings are binding on all departments, courts, agencies, and officers of the state, subject only to action on a petition for a new trial as provided in Section 432.112.
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 J. Punitive Articles › Section 432.121. Persons to Be Tried or Punished

Sec. 432.121.  PERSONS TO BE TRIED OR PUNISHED.  A person may not be tried or punished for any offense provided for in this subchapter unless it was committed while the person was in a duty status or during a period in which the person was under lawful orders to be in a duty status.
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 J. Punitive Articles › Section 432.122. Principals

Sec. 432.122.  PRINCIPALS.  A person subject to this chapter is a principal if the person:
(1)  commits an offense punishable under this chapter, or aids, abets, counsels, commands, or procures its commission;  or
(2)  causes an act to be done that if directly performed by the person would be punishable under this chapter.
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 J. Punitive Articles › Section 432.1225. Penal Code Offenses

Sec. 432.1225.  PENAL CODE OFFENSES.  A person subject to this chapter who commits an offense under the Penal Code is considered to violate this chapter and is subject to punishment under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 15, 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 J. Punitive Articles › Section 432.123. Accessory After the Fact

Sec. 432.123.  ACCESSORY AFTER THE FACT.  A person subject to this chapter shall be punished as a court-martial directs if the person knows that an offense punishable under this chapter has been committed and receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment.
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 J. Punitive Articles › Section 432.124. Conviction of Lesser Included Offense

Sec. 432.124.  CONVICTION OF LESSER INCLUDED OFFENSE.  An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included in the offense charged.
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 J. Punitive Articles › Section 432.125. Attempts

Sec. 432.125.  ATTEMPTS.  (a)  An act done with specific intent to commit an offense under this chapter amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.
(b)  A person subject to this chapter who attempts to commit an offense punishable under this chapter shall be punished as a court-martial directs, unless otherwise specifically prescribed.
(c)  A person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
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 J. Punitive Articles › Section 432.126. Conspiracy

Sec. 432.126.  CONSPIRACY.  A person subject to this chapter who conspires with another person to commit an offense under this chapter shall be punished as a court-martial directs if one or more of the conspirators does an act to effect the object of the conspiracy.
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 J. Punitive Articles › Section 432.127. Solicitation

Sec. 432.127.  SOLICITATION.  (a)  A person subject to this chapter who solicits or advises another or others to desert in violation of Section 432.130 or mutiny in violation of Section 432.139 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense.  If the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial directs.
(b)  A person subject to this chapter who solicits or advises another or others to commit an act of sedition in violation of Section 432.139 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense.  If the offense solicited or advised is not committed, the person shall be punished as a court-martial directs.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 10, 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 J. Punitive Articles › Section 432.128. Fraudulent Enlistment, Appointment, or Separation

Sec. 432.128.  FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION.  A person shall be punished as a court-martial directs if the person:
(1)  procures his own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances under the enlistment or appointment;  or
(2)  procures his own separation from the state military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation.
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 J. Punitive Articles › Section 432.129. Unlawful Enlistment, Appointment, or Separation

Sec. 432.129.  UNLAWFUL ENLISTMENT, APPOINTMENT, OR SEPARATION.  A person subject to this chapter who effects an enlistment or appointment in or a separation from the state military forces of a person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.130. Desertion

Sec. 432.130.  DESERTION.  (a)  A member of the state military forces is guilty of desertion if the member:
(1)  without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away permanently;
(2)  quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service;  or
(3)  without being regularly separated from one of the state military forces, enlists or accepts an appointment in the same or another of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he has not been regularly separated.
(b)  A commissioned officer of the state military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away permanently is guilty of desertion.
(c)  A person found guilty of desertion or attempt to desert 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.131. Absence Without Leave

Sec. 432.131.  ABSENCE WITHOUT LEAVE.  A person subject to this chapter shall be punished as a court-martial directs if the person without authority:
(1)  fails to go to his appointed place of duty at the time prescribed;
(2)  goes from that place;  or
(3)  absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed.
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 J. Punitive Articles › Section 432.132. Missing Movement

Sec. 432.132.  MISSING MOVEMENT.  A person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required to move in the course of duty 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.133. Contempt Towards Governor

Sec. 432.133.  CONTEMPT TOWARDS GOVERNOR.  A person subject to this chapter who uses contemptuous words against the governor 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.134. Disrespect Toward Superior Commissioned Officer

Sec. 432.134.  DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER.  A person subject to this chapter who behaves with disrespect toward his superior commissioned officer 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.135. Assaulting or Wilfully Disobeying Superior Commissioned Officer

Sec. 432.135.  ASSAULTING OR WILFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.  A person subject to this chapter shall be punished as a court-martial directs if the person:
(1)  strikes his superior commissioned officer or draws or lifts up a weapon or offers any violence against him while in the execution of his office;  or
(2)  wilfully disobeys a lawful command of his commissioned officer.
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 J. Punitive Articles › Section 432.136. Insubordinate Conduct Toward Warrant Officer or Noncommissioned Officer

Sec. 432.136.  INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER OR NONCOMMISSIONED OFFICER.  A warrant officer or enlisted member shall be punished as a court-martial directs if the officer or member:
(1)  strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office;
(2)  wilfully disobeys the lawful order of a warrant officer or noncommissioned officer;  or
(3)  treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his office.
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 J. Punitive Articles › Section 432.137. Failure to Obey Order or Regulation

Sec. 432.137.  FAILURE TO OBEY ORDER OR REGULATION.  A person subject to this chapter shall be punished as a court-martial directs if the person:
(1)  violates or fails to obey a lawful general order or regulation;
(2)  having knowledge of any other lawful order issued by a member of the state military forces that it is the person's duty to obey, fails to obey the order;  or
(3)  is derelict in the performance of the person's duties.
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 J. Punitive Articles › Section 432.138. Cruelty and Maltreatment

Sec. 432.138.  CRUELTY AND MALTREATMENT.  A person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his order 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.139. Mutiny, Sedition, Failure to Suppress Mutiny or Sedition

Sec. 432.139.  MUTINY, SEDITION, FAILURE TO SUPPRESS MUTINY OR SEDITION.  A person subject to this chapter who:
(1)  with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his duty or creates a violence or disturbance is guilty of mutiny;
(2)  with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3)  fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition that he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
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 J. Punitive Articles › Section 432.140. Resistance, Breach of Arrest, and Escape

Sec. 432.140.  RESISTANCE, BREACH OF ARREST, AND ESCAPE.  A person subject to this chapter who resists apprehension, breaks arrest, or escapes from physical restraint lawfully imposed 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.141. Releasing Prisoner Without Proper Authority

Sec. 432.141.  RELEASING PRISONER WITHOUT PROPER AUTHORITY.  A person subject to this chapter who, without proper authority, releases a prisoner committed to his charge, or who through neglect or design permits the prisoner to escape, shall be punished as a court-martial directs, whether or not the prisoner was committed in strict compliance with 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.142. Unlawful Detention of Another

Sec. 432.142.  UNLAWFUL DETENTION OF ANOTHER.  A person subject to this chapter who, except as provided by law or regulation, apprehends, arrests, or confines a person 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.143. Noncompliance With Procedural Rules

Sec. 432.143.  NONCOMPLIANCE WITH PROCEDURAL RULES.  A person subject to this chapter shall be punished as a court-martial directs if the person:
(1)  is responsible for unnecessary delay in the disposition of a case of a person accused of an offense under this chapter;  or
(2)  knowingly and intentionally fails to enforce or comply with a provision of this chapter regulating the proceedings before, during, or after trial of an accused.
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 J. Punitive Articles › Section 432.151. False Official Statements

Sec. 432.151.  FALSE OFFICIAL STATEMENTS.  A person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.152. Military Property--Loss, Damage, Destruction, or Wrongful Disposition

Sec. 432.152.  MILITARY PROPERTY--LOSS, DAMAGE, DESTRUCTION, OR WRONGFUL DISPOSITION.  A person subject to this chapter shall be punished as a court-martial directs if the person, without proper authority, sells or otherwise disposes of, or wilfully or through neglect damages, destroys, loses, or suffers to be damaged, destroyed, sold, or wrongfully disposed of any military property of the United States or 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 J. Punitive Articles › Section 432.153. Property Other Than Military Property--Waste, Spoilage, or Destruction

Sec. 432.153.  PROPERTY OTHER THAN MILITARY PROPERTY--WASTE, SPOILAGE, OR DESTRUCTION.  A person subject to this chapter who, while in a duty status, wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongfully destroys or damages any property other than military property of the United States or of this state 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.154. Improper Hazarding of Vessel

Sec. 432.154.  IMPROPER HAZARDING OF VESSEL.  A person subject to this chapter who wilfully and wrongfully or who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the state military forces 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.155. Driving While Intoxicated or While Under Influence of Narcotic Drug

Sec. 432.155.  DRIVING WHILE INTOXICATED OR WHILE UNDER INFLUENCE OF NARCOTIC DRUG.  A person subject to this chapter who operates a vehicle while under the influence of intoxicating liquor or a narcotic drug, or in a reckless or wanton manner, 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.156. Drunk on Duty; Sleeping on Post; Leaving Post Before Relief

Sec. 432.156.  DRUNK ON DUTY;  SLEEPING ON POST;  LEAVING POST BEFORE RELIEF.  A person subject to this chapter who is found under the influence of intoxicating liquor or narcotic drugs while on duty, or found sleeping on his post, or who leaves his post before he is regularly relieved, 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.157. Malingering

Sec. 432.157.  MALINGERING.  A person subject to this chapter shall be punished as a court-martial directs if the person, for the purpose of avoiding work, duty, or service in the state military forces:
(1)  feigns illness, physical disablement, mental lapse, or derangement;  or
(2)  intentionally inflicts self-injury.
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 J. Punitive Articles › Section 432.158. Riot or Breach of Peace

Sec. 432.158.  RIOT OR BREACH OF PEACE.  A person subject to this chapter who causes or participates in a riot or breach of the peace 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.159. Provoking Speeches or Gestures

Sec. 432.159.  PROVOKING SPEECHES OR GESTURES.  A person subject to this chapter who uses provoking or reproachful words or gestures towards another person subject to this chapter 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.160. Larceny and Wrongful Appropriation

Sec. 432.160.  LARCENY AND WRONGFUL APPROPRIATION.  (a)  A person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or any other person any money, personal property, or article of value of any kind:
(1)  with intent permanently to deprive or defraud another person of the use and benefit of property, or to appropriate it to his own use or the use of any person other than the owner, steals that property and is guilty of larceny;  or
(2)  with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, is guilty of wrongful appropriation.
(b)  A person found guilty of larceny or wrongful appropriation 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.161. Forgery

Sec. 432.161.  FORGERY.  A person subject to this chapter is guilty of forgery and shall be punished as a court-martial directs if the person, with intent to defraud:
(1)  falsely makes or alters a signature to a writing or any part of a writing that would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice;  or
(2)  utters, offers, issues, or transfers such a writing, known by him to be so made or altered.
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 J. Punitive Articles › Section 432.162. Extortion

Sec. 432.162.  EXTORTION.  A person subject to this chapter who communicates threats to another person with the intent to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.163. Assault

Sec. 432.163.  ASSAULT.  A person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.164. Perjury

Sec. 432.164.  PERJURY.  A person subject to this chapter who in a judicial proceeding or in a court of justice conducted under this chapter wilfully and corruptly gives, on a lawful oath or in any form allowed by law to be substituted for an oath, false testimony material to the issue or matter of inquiry is guilty of perjury and 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.165. Frauds Against Government

Sec. 432.165.  FRAUDS AGAINST GOVERNMENT.  A person subject to this chapter on conviction shall be punished as a court-martial directs if the person:
(1)  knowing it to be false or fraudulent:
(A)  makes a claim against the United States, the state, or an officer of the United States or the state;  or
(B)  presents to a person in the civil or military service of the United States or the state for approval or payment a claim against the United States, the state, or an officer of the United States or the state;
(2)  for the purpose of obtaining the approval, allowance, or payment of a claim against the United States, the state, or an officer of the United States or the state:
(A)  makes or uses a writing or other paper knowing it to contain false or fraudulent statements;
(B)  makes an oath to a fact or to a writing or other paper knowing the oath to be false;  or
(C)  forges or counterfeits a signature on a writing or other paper, or uses such a signature knowing it to be forged or counterfeited;
(3)  having charge, possession, custody, or control of money or other property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to a person having authority to receive it, any amount of the money or property less than that for which he receives a certificate or receipt;  or
(4)  being authorized to make or deliver a paper certifying the receipt of property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to a person the paper without having full knowledge of the truth of its statements and with intent to defraud the United States or 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 J. Punitive Articles › Section 432.166. Conduct Unbecoming an Officer and a Gentleman

Sec. 432.166.  CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN.  A commissioned officer or officer candidate who is convicted of conduct unbecoming an officer and a gentleman 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 432 - Texas Code of Military Justice › Subchapter J. Punitive Articles › Section 432.167. General Article

Sec. 432.167.  GENERAL ARTICLE.  Whether or not specifically mentioned by this chapter, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit on the state military forces, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of the court.
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 J. -1. Sexual Offense Prevention and Response › Section 432.171. Definitions

Sec. 432.171.  DEFINITIONS.  In this subchapter:
(1)  "Coordinator" means the state sexual offense response coordinator employed as provided by this subchapter.
(2)  "Department" means the Texas Military Department.
(3)  "Program" means the state sexual offense prevention and response program established as provided by this subchapter.
(4)  "Restricted report" means a reporting option that allows a person who is a victim of an offense to confidentially disclose the offense to the coordinator and obtain medical treatment, including emergency care and counseling, without initiating an investigation.  The report may not be referred to law enforcement officers or to command officials of the Texas military forces to initiate an official investigation unless the person who reported the offense consents.
(5)  "Texas military forces" means the Texas Army National Guard, the Texas Air National Guard, and the Texas State Guard.
(6)  "Unrestricted report" means a reporting option that allows a person who is a victim of an offense to report the offense to the coordinator if the person does not request confidentiality in reporting the offense or request a restricted report.
Added by Acts 2021, 87th Leg., R.S., Ch. 846 (S.B. 623), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter J. -1. Sexual Offense Prevention and Response › Section 432.172. Sexual Assault and Indecent Assault

Sec. 432.172.  SEXUAL ASSAULT AND INDECENT ASSAULT.  A person subject to this chapter who commits an offense under Section 22.011, 22.012, or 22.021, Penal Code, is subject to investigation under this subchapter and punishment under this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 846 (S.B. 623), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter J. -1. Sexual Offense Prevention and Response › Section 432.173. State Sexual Offense Prevention and Response Program; Coordinator

Sec. 432.173.  STATE SEXUAL OFFENSE PREVENTION AND RESPONSE PROGRAM; COORDINATOR.  (a)  To the extent state funds are available for this purpose, the department shall establish a state sexual offense prevention and response program and employ or designate a state sexual offense response coordinator to perform victim advocacy services, including ensuring that persons who are victims of sexual assault or indecent assault receive appropriate responsive care and understand the options available for reporting the assault.
(b)  The coordinator shall accept reports for alleged offenses under Sections 22.011, 22.012, and 22.021, Penal Code, made by a person who is a member of the Texas military forces against an accused person who is a member of the Texas military forces.
(c)  The coordinator shall notify each person who is a victim of a sexual assault reported under Subsection (b) of their eligibility for crime victims' compensation under Chapter 56B, Code of Criminal Procedure.
(d)  The program and coordinator are within the department but shall exercise the authority granted under this subchapter independently from the chain of command within the department.
(e)  The coordinator must allow a member of the Texas military forces who is the victim of an alleged offense under Section 22.011, 22.012, or 22.021, Penal Code, to:
(1)  file with the coordinator a restricted or unrestricted report or file a restricted report and later convert that report to an unrestricted report;
(2)  participate in the United States Department of Defense Catch a Serial Offender program; and
(3)  receive notice when the coordinator is made aware that the accused person has been subsequently accused of an offense under Section 22.011, 22.012, or 22.021, Penal Code, by a service member or any other person.
Added by Acts 2021, 87th Leg., R.S., Ch. 846 (S.B. 623), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter J. -1. Sexual Offense Prevention and Response › Section 432.174. Investigation

Sec. 432.174.  INVESTIGATION.  (a)  On the filing of an unrestricted report alleging an offense under Section 22.011 or 22.021, Penal Code, the coordinator:
(1)  shall refer the unrestricted report to the Texas Rangers division of the Department of Public Safety for investigation; and
(2)  may refer the unrestricted report to the appropriate local law enforcement agency for the initial collection of evidence.
(b)  A local law enforcement agency that initially collects evidence for an unrestricted report under Subsection (a) shall transfer all relevant evidence and information to the Texas Rangers division of the Department of Public Safety on request of the division.
(c)  On the filing of an unrestricted report alleging an offense under Section 22.012, Penal Code, the coordinator shall refer the unrestricted report to the appropriate local law enforcement agency for investigation.
(d)  The Texas Rangers division of the Department of Public Safety shall assign an officer of the Texas Rangers to investigate reports referred to the division under this section.  If the investigation demonstrates probable cause that an offense under Section 22.011 or 22.021, Penal Code, was committed by a person subject to this chapter, the investigator shall refer the matter to the appropriate local district attorney, criminal district attorney, or county attorney with criminal jurisdiction.
Added by Acts 2021, 87th Leg., R.S., Ch. 846 (S.B. 623), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter J. -1. Sexual Offense Prevention and Response › Section 432.175. Protective Order

Sec. 432.175.  PROTECTIVE ORDER.  In accordance with Article 7B.001(a-3), Code of Criminal Procedure, and with the consent of the person who is the victim of an offense under Section 22.011, 22.012, or 22.021, Penal Code, alleged to have been committed by a person subject to this chapter, the coordinator may file an application for a protective order under Subchapter A, Chapter 7B, Code of Criminal Procedure, on behalf of the victim.
Added by Acts 2021, 87th Leg., R.S., Ch. 846 (S.B. 623), Sec. 2, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(11), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter J. -1. Sexual Offense Prevention and Response › Section 432.176. Report to Legislature; Legislative Oversight

Sec. 432.176.  REPORT TO LEGISLATURE; LEGISLATIVE OVERSIGHT.  (a)  The adjutant general or coordinator shall annually submit a report on the activities under the program and the activities of the department relating to sexual offense prevention and response to:
(1)  the governor;
(2)  the lieutenant governor;
(3)  the speaker of the house of representatives; and
(4)  the chairs of the standing committees of the senate and house of representatives with primary jurisdiction over the department.
(b)  Using state data collected by the coordinator, the report must include for the preceding state fiscal year:
(1)  the policies and procedures implemented by the coordinator and adjutant general in response to incidents of sexual assault and indecent assault;
(2)  an assessment of the implementation and effectiveness of the program and the policies and procedures on the prevention and oversight of and the state's response to reports of sexual assault and indecent assault within the department;
(3)  an analysis of the number of incidents of sexual assault and indecent assault involving members of the Texas military forces; and
(4)  deficiencies in the department's training of the coordinator.
(c)  Information provided in the report required under Subsection (b)(3) for restricted cases is limited to aggregated statistical data to protect victim privacy and for unrestricted cases is limited to aggregated statistical data that at a minimum includes:
(1)  statistics relating to the types of offenses investigated under this subchapter;
(2)  statistics relating to victims and accused persons;
(3)  the status of investigations under this subchapter and prosecutions under this chapter; and
(4)  the status of administrative actions taken by the department against members of the Texas military forces who are on state active duty.
Added by Acts 2021, 87th Leg., R.S., Ch. 846 (S.B. 623), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter K. Miscellaneous Provisions › Section 432.181. Courts of Inquiry

Sec. 432.181.  COURTS OF INQUIRY.  (a)  Courts of inquiry to investigate any matter may be convened by the governor, by a person designated by the governor for that purpose, or by a person authorized to convene a general court-martial by this chapter, whether or not a person involved has requested an inquiry.
(b)  A court of inquiry consists of three or more commissioned officers.  For each court of inquiry the convening authority shall also appoint counsel for the court.
(c)  A person subject to this chapter whose conduct is subject to inquiry shall be designated as a party.  A person subject to this chapter or employed in the division of military affairs who has a direct interest in the subject of inquiry has the right to be designated as a party on request to the court.  A person designated as a party is entitled to due notice and has the rights to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(d)  Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(e)  The members, counsel, reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(f)  Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g)  Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h)  Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority.  If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president.  If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.