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 K. Miscellaneous Provisions › Section 432.182. Authority to Administer Oaths

Sec. 432.182.  AUTHORITY TO ADMINISTER OATHS.  (a)  The following persons may administer oaths for the purpose of military administration including military justice, and they have the general powers of a notary public in the performance of all notarial acts to be executed by members of the state military forces, wherever they may be:
(1)  the state judge advocate general and all judge advocates;
(2)  law specialists and military judges;
(3)  a summary courts-martial officer;
(4)  adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(5)  administrative officers, assistant administrative officers, and acting administrative officers;
(6)  staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers;  and
(7)  all other persons designated by regulations of the state military forces or by statute.
(b)  The following persons may administer oaths necessary in the performance of their duties:
(1)  the president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial;
(2)  the president, counsel for the court, and recorder of any court of inquiry;
(3)  officers designated to take a deposition;
(4)  persons detailed to conduct an investigation;
(5)  recruiting officers;  and
(6)  all other persons designated by regulations of the state military forces or by statute.
(c)  A fee may not be paid to or received by any person for the performance of a notarial act authorized by this section.
(d)  The signature without seal of such a person acting as notary, together with the title of his office, is prima facie evidence of his authority.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 11, 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 K. Miscellaneous Provisions › Section 432.183. Chapter to Be Explained

Sec. 432.183.  CHAPTER TO BE EXPLAINED. This chapter shall be carefully explained to every enlisted member at the time of or not later than the 30th day after the date of the member's enlistment, transfer, or induction into, or the member's order to duty in or with, any of the state military forces.  It shall also be explained annually to each unit of the state military forces.  A complete text of this chapter and of the regulations prescribed by the governor under this chapter shall be made available to any member of the state military forces, on the member's request, for the member's personal examination.
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. 16, 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 K. Miscellaneous Provisions › Section 432.184. Complaints of Wrongs

Sec. 432.184.  COMPLAINTS OF WRONGS.  (a)  A member of the state military forces who believes himself wronged by his commanding officer, and who, on due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the next highest commander, who shall examine into the complaint and take proper measures for redressing the wrong complained of, and send to the adjutant general, as soon as possible, a true statement of that complaint with the proceedings had on it.
(b)  If an action or proceeding of any nature is commenced in a court other than a military court by any person against a member of the state military forces for any act done or caused, or ordered or directed to be done, in the line of duty while the member was not in federal service, as determined by the adjutant general, all expenses of representation in the action or proceeding, including fees of witnesses, depositions, court costs, and all costs for transcripts of records or other documents that might be needed during trial or appeal shall be paid as provided by this chapter.  In such an action or proceeding the adjutant general, on the written request of the member involved, shall designate the state judge advocate general, a judge advocate, or a legal officer of the state military forces to represent the member.  Judge advocates or legal officers performing duty under this subsection will be called to duty by order of the governor.  If the military legal services, as provided above, are not available, the adjutant general, after consultation with the state judge advocate general and member involved, shall contract with a competent private attorney to conduct the representation.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 12, 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 K. Miscellaneous Provisions › Section 432.185. Redress of Injuries to Property

Sec. 432.185.  REDRESS OF INJURIES TO PROPERTY.  (a)  If complaint is made to a commanding officer that wilful damage has been done to the property of any person or that a person's property has been wrongfully taken by members of the state military forces, the officer, subject to regulations the governor prescribes, may convene a board to investigate the complaint.  The board shall consist of from one to three commissioned officers, and for the purpose of that investigation, it may summon witnesses, examine them on oath or affirmation, receive depositions or other documentary evidence, and assess the damages sustained against the responsible parties.  The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him shall be charged against the pay of the offenders.  The order of the commanding officer directing charges authorized by this section is conclusive, except as provided by Subsection (c), on any disbursing officer for the payment by him to the injured parties of the damages assessed and approved.
(b)  If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the state military forces to which the offenders belong.
(c)  A person subject to this chapter who is accused of causing wilful damage to property has the rights to be represented by counsel, to summon witnesses in his behalf, and to cross-examine those appearing against him.  The counsel mentioned must be military counsel, provided by the commanding officer instituting this inquiry.  The accused may also employ civilian counsel of his own choosing at his own expense.  The accused has the right of appeal to the next higher commander.
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 K. Miscellaneous Provisions › Section 432.186. Immunity for Action of Military Courts

Sec. 432.186.  IMMUNITY FOR ACTION OF MILITARY COURTS.  An accused may not bring an action or proceeding against the convening authority or a member of a military court, board convened under this chapter or military regulations, or officer or person acting under the authority of a court or board or reviewing its proceedings because of the approval, imposition, or execution of a sentence, the imposition or collection of a fine or penalty, or the execution of a process or mandate of a military court, board convened under this chapter, or military regulation.
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 K. Miscellaneous Provisions › Section 432.187. Delegation of Authority by Governor

Sec. 432.187.  DELEGATION OF AUTHORITY BY GOVERNOR.  The governor may delegate any authority vested in him under this chapter and may provide for the subdelegation of this authority.  The governor may not delegate the power given him by Section 432.093(d).
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 K. Miscellaneous Provisions › Section 432.188. Execution of Process and Sentence

Sec. 432.188.  EXECUTION OF PROCESS AND SENTENCE.  (a)  In the state military forces not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state.
(b)  If the sentence of a court-martial, as approved and ordered executed, adjudges confinement, and the convening authority has approved the sentence in whole or in part, the reviewing authority, or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the county in which the court-martial was held or in which the offense was committed, directing the sheriff to take the body of the sentenced person and confine him in the county jail of the county for the period named in the sentence, as approved, or until the sheriff is directed to release him by proper authority.
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 K. Miscellaneous Provisions › Section 432.189. Process of Military Courts

Sec. 432.189.  PROCESS OF MILITARY COURTS.  (a)  A military court may issue any process or mandate necessary to carry into effect its powers.  The court may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records if it is sitting in the state and the witnesses, books, and records sought are also located in the state.
(b)  A process or mandate may be issued by a summary court-martial, provost court, or the president of another military court and may be directed to and executed by a marshal of the military court or any peace officer.  A process or mandate must be in the form prescribed by regulations issued under this chapter.
(c)  All officers to whom process or mandates may be directed shall execute them and make return of their acts under the process or mandates according to the requirements of those documents.  Except as otherwise specifically provided by this chapter, an officer may not demand or require payment of a fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection with the process or mandate.
(d)  The president of a court-martial and any summary court officer may issue all necessary process, subpoenas, attachments, warrants, or arrest and warrant of commitment, under his hand, in the name of the state, and directed to a sheriff or constable, who shall serve or execute it in the same manner in which similar process issued by a magistrate is served or executed.
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 K. Miscellaneous Provisions › Section 432.190. Payment of Fines, Costs, and Disposition Thereof

Sec. 432.190.  PAYMENT OF FINES, COSTS, AND DISPOSITION THEREOF.  (a)  A fine or forfeiture imposed by general court-martial shall be paid to the officer ordering the court or to the officer commanding at that time.  The officer, not later than the fifth day after the date of the payment's receipt, shall pay it to the adjutant general, who shall disburse it as he sees fit for military purposes.
(b)  A fine or forfeiture imposed by nonjudicial punishment or a special or summary court-martial shall be paid to the officer imposing nonjudicial punishment or ordering the court or to the officer commanding at that time.  The officer, not later than the fifth day after the date of the payment's receipt, shall place it to the credit of the military unit fund of the unit of which the person fined was a member when the fine was imposed.
(c)  If the sentence of a court-martial adjudges a fine against a person and the fine has not been fully paid before the 11th day after the date of its confirmation, the convening authority shall issue a warrant of commitment directed to the sheriff of the county in which the court-martial was held or in which the offense was committed, directing him to take the body of the convicted person and confine him in the county jail for one day for a fine not exceeding $1 and one additional day for every dollar above that amount.
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. 17, 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 K. Miscellaneous Provisions › Section 432.191. Presumption of Jurisdiction

Sec. 432.191.  PRESUMPTION OF JURISDICTION.  The jurisdiction of the military courts and boards established by this chapter shall be presumed and the burden of proof rests on a person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
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 K. Miscellaneous Provisions › Section 432.192. Witnesses' Expenses

Sec. 432.192.  WITNESSES' EXPENSES.  (a)  Persons in the employ of this state but not belonging to its military forces if traveling on summons as witnesses before military courts, are entitled to round trip transportation between their place of residence and the place where the court is in session.  If transportation is not furnished, they are entitled to reimbursement of the cost of travel actually performed by the shortest usually traveled route and to reimbursement of the actual cost of meals and rooms at a rate not to exceed $25 a day for each actually and unavoidably consumed in travel or in attendance on the court under the order or summons.  Allowance may not be made to them if attendance on court does not require them to leave their place of residence.
(b)  A person not in the employ of this state and not belonging to its active military forces, who has been duly summoned to appear as a witness before a military court, is entitled to receive $50 a day for each day actually in attendance on the court, and 12 cents a mile for going from his place of residence to the place of trial or hearing, and 12 cents a mile for returning.  Civilian witnesses will be paid by the Texas military forces.
(c)  The charges for return journeys of witnesses shall be made on the basis of the actual charges allowed for travel to the court, and the entire account thus completed in this manner shall be paid on discharge from attendance without waiting for completion of return travel.
(d)  Fees may not be allowed to a person as witness fees, unless the person has been subpoenaed, attached, or recognized as a witness in the case.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.06, eff. September 1, 2013.
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 432.194. Expenses of Administration

Sec. 432.194.  EXPENSES OF ADMINISTRATION.  The adjutant general may pay all expenses incurred in the administration of state military justice, including the expenses of courts-martial and expenses incurred under Sections 432.109, 432.184, and 432.192, from any funds appropriated to the Texas military forces.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.07, eff. September 1, 2013.
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 432.195. Short Title

Sec. 432.195.  SHORT TITLE.  This chapter may be cited as the Texas Code of Military Justice.
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 433 - State of Emergency › Section 433.001. Proclamation of State of Emergency

Sec. 433.001.  PROCLAMATION OF STATE OF EMERGENCY.  On application of the chief executive officer or governing body of a county or municipality during an emergency, the governor may proclaim a state of emergency and designate the area involved.  For the purposes of this section an emergency exists in the following situations:
(1)  a riot or unlawful assembly by three or more persons acting together by use of force or violence;
(2)  if a clear and present danger of the use of violence exists;  or
(3)  a natural or man-made disaster.
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 433 - State of Emergency › Section 433.002. Issuance of Directives

Sec. 433.002.  ISSUANCE OF DIRECTIVES.  (a)  After a state of emergency is proclaimed, the governor may issue reasonable directives calculated to control effectively and terminate the emergency and protect life and property.  Before a directive takes effect, reasonable notice must be given in a newspaper of general circulation in the affected area, through television or radio serving the affected area, or by circulating notices or posting signs at conspicuous places in the affected area.
(b)  The directive may provide for:
(1)  control of public and private transportation in the affected area;
(2)  designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(3)  control of the movement of persons;
(4)  control of places of amusement or assembly;
(5)  establishment of curfews;
(6)  control of the sale, transportation, and use of alcoholic beverages; and
(7)  control of the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety, other than explosives or flammable materials that are components of firearm ammunition.
(c)  A directive takes effect according to its terms, but not before notice is given as required by Subsection (a).  The governor may amend, modify, or rescind a directive in a manner similar to adoption of a directive during the state of emergency.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 18 (S.B. 112), Sec. 3, eff. April 27, 2007.
Acts 2021, 87th Leg., R.S., Ch. 998 (H.B. 1500), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 433 - State of Emergency › Section 433.003. Duration of State of Emergency

Sec. 433.003.  DURATION OF STATE OF EMERGENCY.  (a)  Except as provided by Subsection (b), a directive expires 72 hours after the time of proclamation of the state of emergency for which it was issued.
(b)  The governor by proclamation may terminate or set a shorter period for a directive.  The governor may proclaim successive states of emergency, each not exceeding 72 hours, as necessary to protect health, life, and property in the affected area, and may extend a directive from one state of emergency to the next.
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 433 - State of Emergency › Section 433.004. Duties of Law Enforcement Agency

Sec. 433.004.  DUTIES OF LAW ENFORCEMENT AGENCY.  (a)  During a state of emergency, each law enforcement agency in the state shall cooperate in the manner the governor or the governor's designated representative requests and shall allow the use of the agency's equipment and facilities as the governor or the governor's designated representative requires, except that if the agency is not located within the affected area, the use may not substantially interfere with the normal duties of the agency.
(b)  A county or municipal law enforcement agency shall notify the director of the Department of Public Safety if the agency receives notice of a threatened or actual disturbance indicating the possibility of serious domestic violence.
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 433 - State of Emergency › Section 433.0045. Firearms

Sec. 433.0045.  FIREARMS.  (a)  A directive issued under this chapter may not:
(1)  authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition; or
(2)  prohibit or restrict the business or operations of a firearms or ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range, as defined by Section 250.001, Local Government Code, in connection with a state of emergency.
(b)  A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.
(c)  The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (b) before ceasing to detain the individual unless the officer:
(1)  arrests the individual for engaging in criminal activity; or
(2)  seizes the firearm as evidence in a criminal investigation.
Added by Acts 2007, 80th Leg., R.S., Ch. 18 (S.B. 112), Sec. 4, eff. April 27, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 998 (H.B. 1500), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 433 - State of Emergency › Section 433.005. Calling of State Military Forces

Sec. 433.005.  CALLING OF STATE MILITARY FORCES.  (a)  The chief executive officer or governing body of a county or municipality may request the governor to provide state military forces to aid in controlling conditions in the county or municipality that the officer or governing body believes cannot be controlled by the local law enforcement agencies alone.  On receiving the request, the governor may order a commander of a unit of the state military forces to appear at a time and place the governor directs to aid the civil authorities.
(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, the preservation of public peace, and the protection of life and property.  The instructions must be in writing, except that if written instructions are impracticable, the instructions may be given verbally in the presence of two or more credible witnesses.  The commanding officer shall exercise his discretion as to the proper method of practically accomplishing 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 433 - State of Emergency › Section 433.006. Violations

Sec. 433.006.  VIOLATIONS.  (a)  A person who violates this chapter or a directive issued under this chapter commits an offense.  An offense under this subsection is a misdemeanor punishable by a fine of not more than $200, confinement for not more than 60 days, or both.
(b)  A temporary restraining order or temporary or permanent injunction may be issued to prevent violation of this chapter or a directive issued under this chapter as provided by the Texas Rules of Civil Procedure and applicable law.
(c)  The governor may institute an action under this section in any court of competent jurisdiction in 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 433 - State of Emergency › Section 433.007. Construction of Chapter

Sec. 433.007.  CONSTRUCTION OF CHAPTER.  This chapter shall be construed broadly to effect its intent to recognize the governor's broad power of action in the exercise of the police power of the state to provide adequate control over persons and conditions during periods of impending or actual public crisis or disaster and to provide means for local governments to protect lives and property and maintain the operation of government.
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 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.001. Commission

Sec. 434.001.  COMMISSION.  The Texas Veterans Commission is an agency of 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 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.002. Application of Sunset, Open Meetings, and Administrative Procedure Laws

Sec. 434.002.  APPLICATION OF SUNSET, OPEN MEETINGS, AND ADMINISTRATIVE PROCEDURE LAWS.  (a)  The Texas Veterans Commission is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2031.
(b)  The commission is subject to Chapter 551, and Chapter 2001.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 3.07, eff. Nov. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50), (83), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 970, Sec. 2.02, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1169, Sec. 2.02, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1481, Sec. 2.03, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1112, Sec. 2.01, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 4.03, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 593 (S.B. 601), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.003. Members

Sec. 434.003.  MEMBERS.  (a)  The commission is composed of five members appointed by the governor with the advice and consent of the senate.  The governor shall make each appointment without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
(b)  A member must be a citizen and resident of the state.  At least three members must have been honorably discharged or honorably released from active military service of the United States.  At least one member must be a person classified as a disabled veteran by the United States Veterans Administration or the branch of the United States armed forces in which the person served.  This person's disability must be service-connected and compensable.
(c)  A person having a less than honorable discharge from military service is not eligible to be a member.  No two members may reside in the same senatorial district.
(d)  Members are appointed for staggered six-year terms.
(e)  A person may not be a member of the commission if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization, other than a veterans service organization, receiving money from the commission; or
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving money from the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 45.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 12.01, eff. Jan. 11, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.004. Conflict of Interest

Sec. 434.004.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas or national veterans service organization or a Texas trade association in the field of labor, workforce development, or career schools and colleges; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas or national veterans service organization or a Texas trade association in the field of labor, workforce development, or career schools and colleges.
(c)  A person may not serve as a member of the commission if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of labor, workforce development, or career schools and colleges; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of labor, workforce development, or career schools and colleges.
(d)  A person required to register as a lobbyist under Chapter 305 because of activities on behalf of a veterans association may not serve as a member of or as general counsel to the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.005. Removal

Sec. 434.005.  REMOVAL.  (a)  It is a ground for removal from the commission if a member:
(1)  does not have at the time of taking office, or does not maintain during the service on the commission, the qualifications required by Section 434.003 for appointment to the commission;
(2)  violates a prohibition under Section 434.004;
(3)  fails to attend at least half of the regularly scheduled commission meetings held in a calendar year, excluding meetings held while the person was not a member of the commission without an excuse approved by a majority vote of the commission; or
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.006. Officers; Commission Actions

Sec. 434.006.  OFFICERS; COMMISSION ACTIONS.  (a)  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
(b)  The commission annually shall elect from among its members an assistant presiding officer and a secretary.  An officer shall serve until the officer's successor is appointed and qualified.
(c)  The commission shall meet at least once in each three-month period.  No action may be taken by less than a majority of the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.0061. Training

Sec. 434.0061.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the results of the most recent formal audit of the commission;
(4)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of a state policymaking body in performing their duties;
(5)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission; and
(6)  the scope of and limitations on the rulemaking authority of the commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the commission shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 6, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 593 (S.B. 601), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.0071. Memorandum of Understanding

Sec. 434.0071.  MEMORANDUM OF UNDERSTANDING.  The commission shall adopt a joint memorandum of understanding with the following governmental entities to coordinate the provision of services to state military veterans:
(1)  the Texas Workforce Commission;
(2)  the Veterans' Land Board;  and
(3)  any other agency of the state that administers a program applicable only to veterans or the family members of veterans.
Added by Acts 2001, 77th Leg., ch. 175, Sec. 1, eff. May 18, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.0076. Record of Complaints

Sec. 434.0076.  RECORD OF COMPLAINTS.  (a)  The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission.  The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The commission shall make information available describing its procedures for complaint investigation and resolution.
(c)  The commission shall periodically notify the complaint parties of the status of the complaint until final disposition.
Added by Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.0077. Negotiated Rulemaking and Alternative Dispute Resolution Procedures

Sec. 434.0077.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution shall conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.0079. Duties Regarding Certain Tuition and Fee Exemptions for Veterans and Family Members

Sec. 434.0079.  DUTIES REGARDING CERTAIN TUITION AND FEE EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS.  (a)  The commission, through its veteran education program, shall assist veterans and their family members in claiming and qualifying for exemptions from the payment of tuition and fees at institutions of higher education under Section 54.341, Education Code.
(b)  The commission shall establish the application and necessary evidence requirements for a person to claim an exemption under Section 54.341, Education Code, at an institution of higher education.
(c)  The commission shall adopt rules governing the coordination of federal and state benefits of a person eligible to receive an exemption under Section 54.341(k), Education Code, including rules governing:
(1)  the total number of credit hours assigned under that section that a person may apply to an individual degree or certificate program, consistent with the standards of the appropriate recognized regional accrediting agency; and
(2)  the application of the assigned exemption to credit hours for which the institution of higher education does not receive state funding.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1193 (S.B. 1158), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.00791. Electronic System to Monitor Tuition Exemptions for Veterans and Family Members

Sec. 434.00791.  ELECTRONIC SYSTEM TO MONITOR TUITION EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS.  (a)  In this section, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(b)  The commission shall ensure a system to electronically monitor the use of tuition and fee exemptions at institutions of higher education under Section 54.341, Education Code, is developed.  The system must allow the commission to electronically receive, for each semester, the following information from institutions of higher education:
(1)  the name of the institution;
(2)  the name, identification number, and date of birth of each individual attending the institution and receiving benefits for the semester under Section 54.341, Education Code;
(3)  for each individual receiving benefits, the number of credit hours for which the individual received an exemption for the semester;
(4)  for each individual receiving benefits at the institution during the semester, the total cumulative number of credit hours for which the individual has received an exemption at the institution; and
(5)  any other information required by the commission.
Added by Acts 2005, 79th Leg., Ch. 7 (S.B. 101), Sec. 2, eff. May 3, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 6, eff. January 1, 2012.
Transferred, redesignated and amended from Education Code, Section 61.0516 by Acts 2013, 83rd Leg., R.S., Ch. 1193 (S.B. 1158), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.008. Fees Prohibited

Sec. 434.008.  FEES PROHIBITED.  The commission may not charge a fee or permit the payment of a fee by an applicant to a third person for services rendered by the commission.
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 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.009. Executive Director

Sec. 434.009.  EXECUTIVE DIRECTOR.  (a)  The commission shall employ an executive director qualified by experience and training to administer the policies of the commission.
(b)  The executive director shall:
(1)  place into operation the policies and instructions of the commission;
(2)  serve as the executive officer of the commission, without the power to vote;
(3)  be in charge of commission offices;
(4)  direct the paid personnel of the commission;  and
(5)  be responsible to the commission for all reports, data, and similar information required by the commission.
(c)  The executive director may:
(1)  administer oaths;
(2)  certify official acts under the commission's seal;
(3)  take depositions inside or outside the state, as provided by law;  and
(4)  compel the production of pertinent books, accounts, records, and documents.
(d)  The executive director shall devote the executive director's entire time to the duties of the office and may not actively engage or be employed in another business, vocation, or profession.
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 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.0091. Separation of Policymaking and Management Responsibilities

Sec. 434.0091.  SEPARATION OF POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.  The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.010. Rules

Sec. 434.010.  RULES.  (a)  The commission may adopt rules that it considers necessary for its administration.
(b)  The commission shall adopt procedures for receiving input and recommendations from interested persons regarding the development of rules and policies.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.0101. Advisory Committees

Sec. 434.0101.  ADVISORY COMMITTEES.  (a)  In developing procedures under Section 434.010, the commission may establish and appoint members to an advisory committee to advise and make recommendations to the commission on programs, rules, and policies affecting the delivery of services to veterans.
(b)  If the commission establishes an advisory committee under Subsection (a), the commission shall adopt rules regarding:
(1)  the purpose, role, and goals of the committee;
(2)  the size and quorum requirements of the committee;
(3)  the qualifications of the members and the criteria for selecting members;
(4)  the procedures for appointing members;
(5)  the terms of service of members;
(6)  the training requirements of members;
(7)  the implementation of a needs assessment process to regularly evaluate the continuing need for the committee; and
(8)  a requirement that the committee comply with Chapter 551.
Added by Acts 2007, 80th Leg., R.S., Ch. 1269 (H.B. 3426), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.011. Office; Expenses; Employees

Sec. 434.011.  OFFICE;  EXPENSES;  EMPLOYEES.  (a)  The state shall provide the commission suitable offices and office equipment in Austin.  The commission may incur the expenses necessary to perform its work.
(b)  The commission shall employ sufficient office personnel, stenographers, typists, and clerical help to maintain the efficient operation of the 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 434 - Veteran Assistance Agencies › Subchapter A. Texas Veterans Commission › Section 434.012. Compensation and Expenses

Sec. 434.012.  COMPENSATION AND EXPENSES.  (a)  A member of the commission is entitled to a per diem as set by legislative appropriation for each day that the member engages in commission business.
(b)  A member is entitled to receive compensation for meals, lodging, or other travel expenses as provided by the General Appropriations Act.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.