reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.2131. Right to Civil Action and Private Legal Counsel

Sec. 437.2131.  RIGHT TO CIVIL ACTION AND PRIVATE LEGAL COUNSEL.  (a)  This section applies to a service member of the Texas military forces who is ordered to state active duty or to state training and other duty by the governor, the adjutant general, or another proper authority under the law of this state and who is entitled under Section 437.213 to the same benefits and protections provided to persons:
(1)  performing services in the uniformed services as provided by 38 U.S.C. Sections 4301-4313 and 4316-4319; and
(2)  in the military service of the United States as provided by 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
(b)  A service member described by Subsection (a) may retain private legal counsel and, notwithstanding Subchapter I, file a civil action in a district court in this state if the service member is aggrieved by a violation of or is denied a benefit or protection guaranteed under:
(1)  Section 437.204;
(2)  38 U.S.C. Sections 4301-4313 and 4316-4319; or
(3)  50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
(c)  The court may award to a service member who prevails in an action filed under this section:
(1)  any appropriate declaratory or equitable relief;
(2)  other appropriate relief, including monetary damages; and
(3)  costs of the action and reasonable attorney's fees.
(d)  This section does not limit any remedy or relief available to a service member under other law, including:
(1)  a remedy or relief available under Section 437.204(b) or Subchapter I; or
(2)  consequential and punitive damages.
Added by Acts 2021, 87th Leg., R.S., Ch. 844 (S.B. 484), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.214. Military Funerals and Honors

Sec. 437.214.  MILITARY FUNERALS AND HONORS.  (a)  On the request of a person listed in Subsection (b), the Texas military forces may provide a military funeral and honor service for a decedent who served in the Texas military forces.
(b)  The following persons may request a military funeral and honor service from the Texas military forces:
(1)  the decedent's spouse;
(2)  the decedent's adult children, if there is no spouse;
(3)  the decedent's parents, if there is no spouse or adult child;
(4)  the decedent's brothers or sisters, if there is no spouse, adult child, or parent; or
(5)  the executor or administrator of the decedent's estate, if there is no spouse, adult child, parent, or brother or sister.
(c)  A service member is not eligible for a military funeral and honor service under this section if the service member is eligible for a military funeral and honor service under federal law.
(d)  The Texas military forces shall model the military funeral and honor service after the service provided by the federal government.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.215. Grave Markers for State Military Personnel

Sec. 437.215.  GRAVE MARKERS FOR STATE MILITARY PERSONNEL.  (a)  On the request of a person listed in Subsection (b), the department shall provide a grave marker for a decedent who served in the Texas military forces.
(b)  The grave marker may be requested from the department by a person described by Section 437.214(b).
(c)  A service member is not eligible for a grave marker under this section if the service member is eligible for a grave marker under federal law.
(d)  The department shall model the grave markers after the grave markers provided by the federal government.
(e)  The department shall publish information about its grave marker program on the department's Internet website.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.216. Service Referral Program

Sec. 437.216.  SERVICE REFERRAL PROGRAM.  (a)  The Texas military forces shall develop a program to provide referrals to service members for reintegration services.
(b)  The program shall:
(1)  identify and make referrals to community-based organizations that have existing programs that provide reintegration services to service members and their families;
(2)  focus on early intervention and appropriate referral to promote the health of service members and the children and other family members of the service members;
(3)  promote family cohesion and sustainability;
(4)  be based on evidence-based best practices related to meeting the needs of service members and the children and other family members of the service members;
(5)  be provided, when appropriate, in a community setting through peer counseling and other means effective for community outreach;
(6)  use existing service delivery facilities, including churches, National Guard Bureau family education facilities, and veterans centers and support facilities;
(7)  use community-based and faith-based organizations;
(8)  be developed and administered in a manner that promotes collaboration of service providers and results in the referral of service members, their children, and other family members to the appropriate federal, state, and community services for which they are eligible; and
(9)  provide information and referral services regarding the risks and consequences of trauma, including post-traumatic stress disorder, traumatic brain injury, and other conditions for which service members are at risk.
(c)  The Texas military forces shall ensure that:
(1)  each person who provides referrals to service members under the referral program has received sufficient training to ensure that service members receive accurate information; and
(2)  service members are notified in a timely manner about the service referral program.
(d)  In developing the referral program, the Texas military forces shall consult with the National Guard Bureau, the United States Veterans Health Administration, the Health and Human Services Commission, the Texas A&M Health Science Center College of Medicine, and The University of Texas Health Science Center at San Antonio.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.217. Exemption From Fees for Deployed Military Personnel

Sec. 437.217.  EXEMPTION FROM FEES FOR DEPLOYED MILITARY PERSONNEL.  (a)  A member of the National Guard on federal active duty, or a member of the armed forces of the United States on active duty, who is preparing to be deployed to serve in a hostile fire zone as designated by the United States secretary of defense is exempt from paying the following state or local governmental fees the member incurs because of the deployment to arrange the member's personal affairs:
(1)  fees for obtaining copies of:
(A)  a birth certificate;
(B)  a recorded marriage license;
(C)  a divorce decree;
(D)  a child support order;
(E)  guardianship documents; and
(F)  property tax records;
(2)  fees for issuing a marriage license or duplicate marriage license; and
(3)  fees for transferring title to real or personal property.
(b)  The governmental entity responsible for collecting a fee described by Subsection (a) may rely on a letter issued by the commander of the service member's unit for purposes of providing an exemption under Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.218. Tax Exemption

Sec. 437.218.  TAX EXEMPTION.  (a)  An officer or enlisted service member in the Texas military forces who complies with the service member's military duties as prescribed by this chapter is exempt from payment of a road or street tax.
(b)  To obtain the exemption, a service member must file in the county tax assessor-collector's office an affidavit, sworn to before a notary public or other person authorized to administer oaths in this state, in the following form:
"I, __________, do hereby solemnly swear or affirm that I am a service member in good standing of the Texas military forces of the State of Texas.
Subscribed to and sworn to before me this ______ day of __________, ______
SEAL
________________________
________________________
Notary Public in and for
__________ County, Texas"
(c)  The county tax assessor-collector may rely on a letter issued by the commander of the service member's unit for purposes of providing the exemption under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.219. Compensation

Sec. 437.219.  COMPENSATION.  (a)  Except as provided by Section 437.220, a member of the Texas military forces who performs training or other military duty under authority of the United States Code may not receive pay or allowances from this state for that duty.
(b)  When orders are issued for state active duty or state training or other duty, a National Guard service member of the Texas military forces performing the duty or training is entitled, during the period of the duty or training, to receive pay and allowances as provided by law for the United States armed forces.  Pay is a stipend for duty or training and is salary or base pay.  The pay may not be reduced because of food, shelter, or transportation that this state pays or furnishes in connection with the duty or training.
(c)  The adjutant general shall set the daily pay rate and allowance rate for state active duty and for state training and other duty for Texas State Guard service members called to duty or training under this chapter.  The rate established by the adjutant general may not exceed the meal and lodging rate set by the comptroller by more than $25 per day.  The department shall publish information about the established pay rates on the department's Internet website.
(d)  Duty or training by volunteers in the Texas State Guard without pay is considered for insurance and state coverage purposes as if it were duty or training for pay.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.220. Supplemental Duty Pay for Economic Hardship

Sec. 437.220.  SUPPLEMENTAL DUTY PAY FOR ECONOMIC HARDSHIP.  (a)  A person who is called to military duty as a member of the Texas National Guard in the service of this state or the United States by proper federal or state authority and who suffers an economic hardship as a result of serving on military duty is eligible to receive supplemental pay for serving in accordance with this section.  Payment under this subsection is subject to the availability of funds.
(b)  The comptroller shall establish the Texas National Guard members' supplemental military duty pay account in the general revenue fund.  Money in the account may be appropriated only for purposes of implementing this section.  The comptroller, governor, or adjutant general may accept gifts and grants for deposit to the credit of the account.  The legislature may transfer money into the account or may appropriate money to implement this section and the comptroller shall credit that money to the account.
(c)  A member of the Texas National Guard described by Subsection (a) is eligible to receive supplemental pay under this section in an amount not to exceed the lesser of:
(1)  the amount required to alleviate the economic hardship the member suffers as a result of serving on active duty; and
(2)  the difference between the amount of income that the member has lost from civilian employment as a result of being called to military duty and the amount of military pay and allowances the member receives from state or federal sources while on military duty.
(d)  The adjutant general shall determine whether a member is eligible to receive supplemental pay under this section and the amount of supplemental pay a member may receive.  In determining the amount, the adjutant general shall consider the total amount that is available for supplemental pay during a period and the probable total need for supplemental pay during that period.
(e)  The adjutant general may adopt regulations to implement this section, including regulations that prescribe the procedure for requesting supplemental pay and that prescribe evidence a member may or must present to demonstrate hardship.  The comptroller, in consultation with the adjutant general, may adopt rules to govern the manner and method of paying supplemental pay under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.221. Other Duty and Community Service Missions

Sec. 437.221.  OTHER DUTY AND COMMUNITY SERVICE MISSIONS.  The governor or the adjutant general, if designated by the governor, may require other duty for officers and enlisted persons in the Texas military forces.  The other duty may include community service missions.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.222. Liability of Service Member

Sec. 437.222.  LIABILITY OF SERVICE MEMBER.  (a)  A service member of the Texas military forces ordered into service of this state by proper authority is not personally liable in the person's private capacity for any act performed or for any contract or other obligation entered into or undertaken in an official capacity in good faith and without intent to defraud in connection with the administration, management, or conduct of the department in business, programs, or other related affairs, under the limited waiver of governmental immunity provided by the Texas Tort Claims Act (Chapter 101, Civil Practice and Remedies Code).
(b)  If a suit is instituted against a service member of the Texas military forces for an act of the service member in the service member's official capacity in the discharge of duty or against a person acting under the authority, order, or lawfully issued warrant of the service member, the court shall require the plaintiff to file security for the payment of court costs that may be awarded to the defendant.  The defendant in the case may make a general denial and give the special matter in evidence.  If the plaintiff is nonsuited or the verdict or judgment is against the plaintiff, the defendant is entitled to recover three times the court costs.
(c)  If a service member of the Texas military forces is sued for injury to a person or property occurring in the performance of or an attempt to perform a duty required by law, the court shall remove venue of the case to a court in another county not subject to disqualification if:
(1)  the defendant applies for the removal; and
(2)  the application is supported by affidavit of two credible persons stating that they have good reason to believe the defendant cannot have a fair and impartial trial before the court.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.223. Exemption From Arrest

Sec. 437.223.  EXEMPTION FROM ARREST.  (a)  A member of the Texas military forces may not be arrested, except for treason, felony, or breach of the peace, while the person is going to or coming from a place that the person was required to be for military duty.
(b)  This section does not prevent a peace officer from issuing a traffic summons or citation to appear in court at a later date that does not conflict with the member's duty hours.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.2235. Public Duty Justification

Sec. 437.2235.  PUBLIC DUTY JUSTIFICATION.  Section 9.21, Penal Code, applies to conduct of a service member of the Texas military forces ordered into service of this state by proper authority that is performed in the service member's official capacity.
Added by Acts 2015, 84th Leg., R.S., Ch. 200 (S.B. 850), Sec. 1, eff. May 28, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.224. Voting

Sec. 437.224.  VOTING.  (a)  A unit, force, division, or command of the Texas military forces that is engaged in regular training on a day on which a primary, general, or special election for a state or federal office is held shall provide time off or arrange duty hours to permit all personnel to vote in the election.
(b)  This section does not apply during war, invasion, insurrection, riot, or tumult, during imminent danger of one of those situations, or during annual active duty for training not exceeding 15 days.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.225. Discharge

Sec. 437.225.  DISCHARGE.  (a)  A service member may be discharged from the Texas military forces according to regulations adopted by the adjutant general or by federal law or regulations.
(b)  On termination of the appointment of an officer or enlistment of an enlisted service member in the Texas military forces, the officer or enlisted service member shall be given a certificate of discharge stating the character of the person's service.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.227. Compensation for Death or Injury

Sec. 437.227.  COMPENSATION FOR DEATH OR INJURY.  A member of the Texas military forces who is on state active duty, on state training or other duty, or traveling to or from the member's duty location and who is killed or injured while engaged in authorized duty, training, or travel is entitled to receive compensation and protections under Title 5, Labor Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.228. Issuance and Use of Uniform and Other Military Property

Sec. 437.228.  ISSUANCE AND USE OF UNIFORM AND OTHER MILITARY PROPERTY.  (a)  A service member to whom the department issues a uniform or other military property shall give a receipt for the uniform or property.  The adjutant general shall prescribe the manner in which the uniform and property shall be accounted for and kept.
(b)  The uniform or other property may be used only for military purposes.  An officer or enlisted service member of the Texas military forces who is responsible for public property may not lend the property for private use or permit it to be used for a purpose for which it was not intended.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.229. Uniform

Sec. 437.229.  UNIFORM.  (a)  Except as provided by Subsection (b), the uniform of the officers and enlisted service members of the Texas military forces is the uniform prescribed for the United States armed forces with modifications that the governor, or adjutant general if delegated the authority, considers necessary.
(b)  The uniforms of the officers and enlisted personnel of the Texas State Guard are the uniforms prescribed for the United States armed forces with any modifications the governor, or the adjutant general if delegated the authority by the governor, considers necessary to distinguish the Texas State Guard from the Texas National Guard.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.230. Exemption From Levy and Sale

Sec. 437.230.  EXEMPTION FROM LEVY AND SALE.  Arms, equipment, clothing, and other military supplies issued by the department to units or service members of the Texas military forces for military purposes are exempt from levy and sale because of execution for debt or other legal proceedings.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.231. Seizure

Sec. 437.231.  SEIZURE.  (a)  On a finding by the adjutant general that a person unlawfully possesses, and refuses or fails to deliver up, arms, equipment, or other military property issued by the department for use of the Texas military forces, the governor may by warrant command the sheriff of the county in which the person resides or is located to seize the arms, equipment, or other military property and keep the property subject to the governor's further order.  The sheriff in executing the warrant may invoke the power of the county.
(b)  Each sheriff may collect military arms or property issued by the department that is liable to loss or in the hands of unauthorized persons and safely keep the arms and property subject to order of the governor.  The sheriff shall make a report of the collection to the governor.  The sheriff's official bond covers faithful performance of duties under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter E. Texas Military Forces › Section 437.232. Confidentiality of Military Personnel Information

Sec. 437.232.  CONFIDENTIALITY OF MILITARY PERSONNEL INFORMATION.  (a)  In this section, "military personnel information" means a service member's name, Department of Defense identification number, home address, rank, official title, pay rate or grade, state active duty orders, deployment locations, military duty addresses, awards and decorations, length of military service, and medical records.
(b)  A service member's military personnel information is confidential and not subject to disclosure under Chapter 552.
Added by Acts 2015, 84th Leg., R.S., Ch. 170 (H.B. 2152), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 630 (H.B. 4615), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter F. Texas National Guard › Section 437.251. Composition

Sec. 437.251.  COMPOSITION.  The Texas National Guard may not exceed half of one percent of the population of the state except in case of war, insurrection, or invasion, the prevention of invasion, the suppression of riot, or the aiding of civil authorities to execute state law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter F. Texas National Guard › Section 437.252. Local Governmental Assistance

Sec. 437.252.  LOCAL GOVERNMENTAL ASSISTANCE.  Funds, other property, or services may be donated to a unit of the Texas National Guard by any public or private entity, including:
(1)  a state agency or department;
(2)  a political subdivision, including a county, municipality, or public school district; or
(3)  a special purpose district or authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter F. Texas National Guard › Section 437.253. Property Forfeiture

Sec. 437.253.  PROPERTY FORFEITURE.  When the National Guard Counterdrug Program assists a federal law enforcement agency in enforcing drug laws, the National Guard Counterdrug Program is considered to be a law enforcement agency of this state for the purpose of participating in the sharing of property seized or forfeited to the United States under federal law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter F. Texas National Guard › Section 437.254. Employees in Texas Military Forces; Emergency Leave

Sec. 437.254.  EMPLOYEES IN TEXAS MILITARY FORCES; EMERGENCY LEAVE.  (a)  A state employee called to state active duty as a member of the Texas military forces by the governor or other appropriate authority in response to a natural or man-made disaster is entitled to receive paid emergency leave without loss of military leave under Section 437.202 or annual leave.
(b)  A state employee called to federal active duty for the purpose of providing assistance to civil authorities in a declared emergency or for training for that purpose is entitled to receive paid emergency leave for not more than 22 workdays without loss of military leave under Section 437.202 or annual leave.
(c)  The duty or training under Subsection (b) does not include duty or training carried out under Section 437.202.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter F. Texas National Guard › Section 437.255. Assisting Texas State Guard With Cyber Operations

Sec. 437.255.  ASSISTING TEXAS STATE GUARD WITH CYBER OPERATIONS.  To serve the state and safeguard the public from malicious cyber activity, the governor may command the Texas National Guard to assist the Texas State Guard with defending the state's cyber operations.
Added by Acts 2019, 86th Leg., R.S., Ch. 509 (S.B. 64), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.301. Commander

Sec. 437.301.  COMMANDER.  The commander of the Texas State Guard is responsible:
(1)  for the welfare, strength, and management of the Texas State Guard;
(2)  for the organization, training, and administration of all Texas State Guard components;
(3)  to the adjutant general to ensure the Texas State Guard missions remain relevant and responsive as a force provider to this state; and
(4)  to field and staff the volunteer components of the Texas State Guard.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.302. Composition

Sec. 437.302.  COMPOSITION.  (a)  The Texas State Guard is composed of units the governor, or adjutant general if delegated the authority, considers advisable.
(b)  To serve in the Texas State Guard, a person:
(1)  must be a resident of this state for at least 180 days;
(2)  must be a citizen of the United States or a person who has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.);
(3)  subject to Subsections (c) and (d), must be at least 17 years of age and not older than 70 years of age;
(4)  must undergo a criminal history check;
(5)  must not be a registered sex offender; and
(6)  must be acceptable to and approved by the governor or adjutant general under the governor's direction.
(c)  The adjutant general may adopt a policy regarding waiver of the maximum age requirement under Subsection (b)(3).
(d)  A person who is at least 17 years of age but younger than 18 years of age may serve in the Texas State Guard if the person:
(1)  is emancipated by marriage, court order, or other operation of law; or
(2)  provides to the adjutant general, in a form and manner prescribed by the adjutant general, the written consent of:
(A)  each of the person's parents or legal guardians, other than a parent or legal guardian who is:
(i)  deceased;
(ii)  determined by a court to be incapacitated;
(iii)  absent at an unknown location for an indefinite period; or
(iv)  confined in jail or prison serving a term of punishment that will result in the parent or guardian being released after the person's 18th birthday; or
(B)  for a person who is in the managing conservatorship of the Department of Family and Protective Services or another legal entity, a representative of the department or other legal entity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 452 (H.B. 1062), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.303. Governor's Authority

Sec. 437.303.  GOVERNOR'S AUTHORITY.  (a)  The governor has full control and authority over the Texas State Guard.
(b)  The governor may adopt regulations governing enlistment, organization, administration, uniforms, equipment, maintenance, command, training, and discipline of the Texas State Guard.  The regulations to the extent practicable and desirable must conform to law and regulations governing the Texas National Guard.
(c)  The governor may delegate the powers granted by this section to the adjutant general.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.304. Assistance

Sec. 437.304.  ASSISTANCE.  (a)  Funds or other property or services may be solicited by or donated to a unit in the Texas State Guard by any public or private entity, including:
(1)  a state agency or department;
(2)  a political subdivision, including a county, municipality, or public school district; or
(3)  a special purpose district or authority.
(b)  A public school district may permit the Texas State Guard to use a school building.
(c)  The assistance solicited or received under this section is governed by the policies and regulations adopted by the adjutant general.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.305. Employees in State Guard; Emergency Leave

Sec. 437.305.  EMPLOYEES IN STATE GUARD; EMERGENCY LEAVE.  A state employee called to state active duty as a member of the Texas State Guard by the governor or other appropriate authority in response to a natural or man-made disaster is entitled to receive paid emergency leave without loss of military leave under Section 437.202 or annual leave.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.306. Use Outside State; Fresh Pursuit From or Into State

Sec. 437.306.  USE OUTSIDE STATE; FRESH PURSUIT FROM OR INTO STATE.  (a)  Except as provided by Subsections (b) and (c), the Texas State Guard may not be required to serve outside the state.
(b)  The governor, on request of the governor of another state, may order all or part of the Texas State Guard to assist a military or civil authority of that state in defending that state.  The governor may recall these forces.
(c)  If authorized by the law of another state, an organization, unit, or detachment of the Texas State Guard, on order of the officer in immediate command, may continue in fresh pursuit of an insurrectionist, a saboteur, an enemy, or enemy forces into that state until the apprehension or capture of the person or forces pursued or until military or police forces of that state or the United States have had a reasonable opportunity to apprehend, capture, or take up the pursuit of the person or forces.  The Texas State Guard without unnecessary delay shall surrender a person apprehended or captured in another state to the military or police forces of that state or the United States.  This surrender is not a waiver by this state of a right to extradite or prosecute the person for a crime committed in this state.
(d)  Military forces of another state may continue a fresh pursuit into this state in the same manner permitted the Texas State Guard under Subsection (c).  The military forces of the other state shall without unnecessary delay surrender a person captured or arrested in this state to the military or police forces of this state to be dealt with according to law.  This subsection does not prohibit an arrest in this state permitted by other law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.307. Federal Service

Sec. 437.307.  FEDERAL SERVICE.  This chapter does not authorize the calling, ordering, or drafting of all or part of the Texas State Guard into military service of the United States.  A person is not exempted by enlistment or commission in the Texas State Guard from military service under federal law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.308. Records; Arms; Equipment

Sec. 437.308.  RECORDS; ARMS; EQUIPMENT.  (a)  The commander of the Texas State Guard shall maintain and preserve the individual and unit records of the Texas State Guard and the Texas State Guard Honorary Reserve.
(b)  The governor may request for use of the Texas State Guard arms and equipment that the United States government possesses and can spare.  The governor, or the adjutant general if delegated the authority by the governor, shall make available to the Texas State Guard state armories and available state property.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.309. Texas State Guard Honorary Reserve

Sec. 437.309.  TEXAS STATE GUARD HONORARY RESERVE.  (a)  The governor, or adjutant general under the governor's authority and direction, may transfer to the Texas State Guard Honorary Reserve an officer or enlisted service member of the Texas State Guard who:
(1)  is physically disabled;
(2)  is at least 60 years of age; or
(3)  has served the federal or state military satisfactorily for at least 20 years.
(b)  The governor may advance the service member one grade or rank at the time of the transfer into the honorary reserve.  For a service member who is not a general officer, the adjutant general may advance the service member one grade or rank at the time of the transfer into the honorary reserve.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter G. Texas State Guard › Section 437.310. Texas State Guard Uniform and Insignia Fund

Sec. 437.310.  TEXAS STATE GUARD UNIFORM AND INSIGNIA FUND.  (a)  A special revolving fund is established outside the state treasury to be known as the Texas State Guard uniform and insignia fund.  The fund may be used only to purchase uniforms and insignia to be used by members of the Texas State Guard.  The fund shall be administered in accordance with Section 437.211.
(b)  The fund consists of:
(1)  donations made to the fund;
(2)  revenue received by the Texas State Guard from the sale of uniforms and insignia to members of the guard;
(3)  depository interest and investment income earned on money in the fund; and
(4)  money appropriated, credited, or transferred to the fund by the legislature.
(c)  If any part of the fund remains unexpended and unobligated at the end of the state fiscal year, that amount is dedicated for the same purposes in the subsequent year.  Money in the fund may not be diverted for any other purpose.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 387 (H.B. 387), Sec. 1, eff. June 9, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter H. Awards › Section 437.352. Lone Star Medal of Valor

Sec. 437.352.  LONE STAR MEDAL OF VALOR.  The Lone Star Medal of Valor shall be awarded to a member of the military forces of this state, another state, or the United States who performs, either individually or as a member of a crew, specific acts of bravery or outstanding courage, or who performs within an exceptionally short period, either individually or as a member of a crew, a closely related series of heroic acts, if the acts involve personal hazard or danger and the voluntary risk of life and result in an accomplishment so exceptional and outstanding as to clearly set the person or crew apart from the person's or crew's comrades or from other persons in similar circumstances.  Awarding of the medal requires a lesser degree of gallantry than awarding of the Texas Legislative Medal of Honor, but requires that the acts be performed with marked distinction.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Transferred, redesignated and amended from Government Code, Subchapter J, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.02, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 85 (S.B. 1597), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter H. Awards › Section 437.353. Recommendations

Sec. 437.353.  RECOMMENDATIONS.  (a)  A recommendation for award of the Texas Legislative Medal of Honor or Lone Star Medal of Valor shall be forwarded through military channels to the adjutant general.  An individual having personal knowledge of an act or achievement or exceptional service believed to warrant the award of one of these medals may submit a letter of recommendation to the adjutant general.
(b)  A letter of recommendation for award of the Texas Legislative Medal of Honor or Lone Star Medal of Valor must give an account of the occurrence and statements of eyewitnesses, extracts from official records, sketches, maps, diagrams, or photographs to support and amplify the stated facts.
(c)   If the adjutant general determines that a case meets the criteria established by Section 437.352 for award of the Lone Star Medal of Valor, the adjutant general shall by endorsement recommend to the governor the awarding of the medal.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Transferred, redesignated and amended from Government Code, Subchapter J, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.02, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter H. Awards › Section 437.354. Awarding

Sec. 437.354.  AWARDING.  The governor awards the Texas Legislative Medal of Honor as directed by the legislature under Section 437.351.  The governor awards the Lone Star Medal of Valor on recommendation of the adjutant general.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 1020, Sec. 2, eff. June 20, 2003.
Transferred, redesignated and amended from Government Code, Subchapter J, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.02, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter H. Awards › Section 437.356. Posthumous Awards

Sec. 437.356.  POSTHUMOUS AWARDS.  An award may be made to a person who has died in the same manner as an award to a living person, except the orders and citation must indicate that the award is made posthumously.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Transferred, redesignated and amended from Government Code, Subchapter J, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.02, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter H. Awards › Section 437.357. Design; Ribbons

Sec. 437.357.  DESIGN; RIBBONS.  (a)  The department shall design and have manufactured the medals, awards, decorations, and ribbons awarded under this subchapter and others that the adjutant general has approved for award.
(b)  The department may purchase or replace medals, awards, decorations, and ribbons authorized under this subchapter for the recipient, the decedent's family, and nonprofit and governmental entities honoring the recipient or decedent.
(c)  The adjutant general shall adopt regulations prescribing when a ribbon may be appropriately worn instead of the medal it symbolizes.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 68, Sec. 1, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 613, Sec. 5, eff. June 15, 1991.
Transferred, redesignated and amended from Government Code, Subchapter J, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.02, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.401. Definitions

Sec. 437.401.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means the Texas Workforce Commission civil rights division.
(2)  "Complainant" means an individual who brings an action or proceeding under this subchapter.
(3)  "Respondent" means the person charged in a complaint filed under this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.402. Filing of Complaint; Form and Content; Service

Sec. 437.402.  FILING OF COMPLAINT; FORM AND CONTENT; SERVICE.  (a)  A person claiming to be aggrieved by an unlawful employment practice under Section 437.204 or the person's agent may file a complaint with the commission.
(b)  The complaint must be in writing and made under oath.
(c)  The complaint must state:
(1)  that an unlawful employment practice under Section 437.204 has been committed;
(2)  the facts on which the complaint is based, including the date, place, and circumstances of the alleged unlawful employment practice; and
(3)  facts sufficient to enable the commission to identify the respondent.
(d)  The commission shall serve the respondent with a copy of the perfected complaint not later than the 10th day after the date the complaint is filed.
(e)  A complaint may be amended to cure technical defects or omissions, including a failure to verify the complaint or to clarify and amplify an allegation made in the complaint.
(f)  An amendment to a complaint alleging additional facts that constitute an unlawful employment practice under Section 437.204 relating to or arising from the subject matter of the original complaint relates back to the date the complaint was first received by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.403. Alternative Dispute Resolution

Sec. 437.403.  ALTERNATIVE DISPUTE RESOLUTION.  The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising under Section 437.204.  The settlement of a disputed claim under this subchapter that results from the use of traditional or alternative means of dispute resolution is binding on the parties to the claim.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.