Bill Text: TX HB1927 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the Texas military; imposing criminal penalties; authorizing fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-11 - Left pending in committee [HB1927 Detail]
Download: Texas-2013-HB1927-Introduced.html
83R4577 YDB-F | ||
By: Menendez | H.B. No. 1927 |
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relating to the Texas military; imposing criminal penalties; | ||
authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. TEXAS MILITARY | ||
SECTION 1.01. Subtitle C, Title 4, Government Code, is | ||
amended by adding Chapter 437 to read as follows: | ||
CHAPTER 437. TEXAS MILITARY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 437.001. DEFINITIONS. In this chapter: | ||
(1) "Active military service" means state active duty | ||
service, federally funded state active duty service, or federal | ||
active duty service. The term does not include service performed | ||
exclusively for training, such as basic combat training, advanced | ||
individual training, annual training, inactive duty training, and | ||
special training periodically made available to service members. | ||
(2) "Adjutant general" means the military commander of | ||
the Texas military forces. | ||
(3) "Department" means the Texas Military Department. | ||
(4) "Employee" has the meaning assigned by Section | ||
21.002, Labor Code. | ||
(5) "Employer" has the meaning assigned by Section | ||
21.002, Labor Code. | ||
(6) "Executive director" means the administrative | ||
head of the department. | ||
(7) "Military duty" means any activity of a service | ||
member performing a duty under a lawful military order, including | ||
training. | ||
(8) "Service member" means a resident of this state | ||
who is a member or former member of the state military forces or a | ||
component of the United States armed forces, including a reserve | ||
component. | ||
(9) "State active duty" means the performance of | ||
military or emergency service for this state at the call of the | ||
governor or the governor's designee. | ||
(10) "State military forces" means the Texas military | ||
forces. | ||
(11) "State training and other duty" means the service | ||
and training typically performed by service members in preparation | ||
for state active duty. The term includes training for man-made and | ||
natural disaster response and maintenance of equipment and | ||
property. | ||
(12) "Temporary state employee" means a service member | ||
who is not a full-time or part-time state employee and who is on | ||
state active duty. | ||
(13) "Texas Military Department" means the state | ||
agency charged with administrative activities in support of the | ||
Texas military forces. | ||
(14) "Texas military forces" means the Texas National | ||
Guard, the Texas State Guard, and any other military force | ||
organized under state law. | ||
(15) "Texas National Guard" means the Texas Army | ||
National Guard and the Texas Air National Guard. | ||
(16) "Texas State Guard" means the volunteer military | ||
forces that provide community service and emergency response | ||
activities for this state, as organized under the Second Amendment | ||
to the United States Constitution, and operating as a defense force | ||
authorized under 32 U.S.C. Section 109. | ||
(17) "Unit" means any organized group of the Texas | ||
military forces that has a designated commander. | ||
(18) "Unit fund" means: | ||
(A) money held by a military unit to support the | ||
service members in the military unit while serving in the Texas | ||
military forces; | ||
(B) the state post exchange services account; or | ||
(C) the billeting account. | ||
Sec. 437.0011. REFERENCE IN OTHER LAW. A reference in other | ||
law to the adjutant general's department means the Texas Military | ||
Department. | ||
Sec. 437.002. COMMANDER-IN-CHIEF. (a) The governor is the | ||
commander-in-chief of the Texas military forces, except any portion | ||
of those forces in the service of the United States. The governor | ||
has full control and authority over all matters relating to the | ||
Texas military forces, including organization, equipment, and | ||
discipline. | ||
(b) If the governor is unable to perform the duties of | ||
commander-in-chief, the adjutant general shall command the Texas | ||
military forces, unless the state constitution or other state law | ||
requires the lieutenant governor or the president of the senate to | ||
perform the duties of governor. | ||
Sec. 437.003. GOVERNOR'S MILITARY APPOINTMENTS. (a) The | ||
governor, with the advice and consent of the senate, shall appoint | ||
an adjutant general to a two-year term expiring February 1 of each | ||
even-numbered year. The adjutant general is responsible for | ||
leading and managing the Texas military forces. The adjutant | ||
general is subordinate only to the governor in matters pertaining | ||
to the Texas military forces. The adjutant general's rank is | ||
assigned at the discretion of the governor and may not exceed | ||
lieutenant general. Federal recognition is at the rank authorized | ||
by the National Guard Bureau. The adjutant general may be referred | ||
to as the commanding general of the Texas military forces. | ||
(b) On recommendation of the adjutant general, the governor | ||
shall appoint a deputy adjutant general for army, a deputy adjutant | ||
general for air, and the commander of the Texas State Guard. The | ||
deputy adjutants general and commander serve until replaced. To be | ||
qualified for appointment as a deputy adjutant general or | ||
commander, a service member must have the qualifications required | ||
for appointment as adjutant general. | ||
(c) The governor shall appoint, commission, and assign the | ||
Texas State Guard general officers. The governor may remove or | ||
reassign an officer. To be eligible for appointment as a general | ||
officer, a service member must have: | ||
(1) been a federally recognized officer of not less | ||
than field grade of the Texas National Guard or a regular or reserve | ||
component of the United States military or served at least 15 years | ||
of combined service as a commissioned officer in the Texas military | ||
forces or a regular or reserve component of the United States | ||
military; and | ||
(2) served at least three years as a commissioned | ||
officer in the Texas State Guard. | ||
(d) The governor may delegate the powers granted by | ||
Subsection (c) to the adjutant general. | ||
Sec. 437.004. REGULATING TEXAS MILITARY FORCES. (a) The | ||
governor shall make and publish rules, according to existing | ||
federal and state law, to govern the Texas military forces. The | ||
rules must address general orders and forms for the performance of | ||
duties of service members on military duty, including provisions | ||
governing courts-martial. | ||
(b) The governor may reorganize and provide rules relating | ||
to the organization of any portion of the Texas National Guard, | ||
Texas State Guard, emergency militia, or other military force | ||
organized under state law. | ||
(c) The governor may obtain from the United States | ||
government the arms, equipment, munitions, or other military | ||
supplies to which the state is entitled for use by the Texas | ||
military forces. | ||
(d) The governor, as the governor determines to be in this | ||
state's best interest, shall designate the locations for storage of | ||
arms, equipment, munitions, or other military property owned by or | ||
under the control of this state. | ||
(e) The governor may delegate the powers granted by this | ||
section to the adjutant general. | ||
Sec. 437.005. AUTHORITY FOR STATE ACTIVE DUTY, STATE | ||
TRAINING, AND OTHER DUTY. (a) The governor may activate all or part | ||
of the Texas military forces to state active duty or for state | ||
training and other duty. The governor may delegate all or part of | ||
the authority granted by this section to the adjutant general. | ||
(b) On delegation of the authority by the governor, the | ||
adjutant general may order all or part of the Texas military forces | ||
to state training and other duty if funding has been provided in the | ||
General Appropriations Act or volunteer resources are available. | ||
(c) On delegation of the authority by the governor, the | ||
adjutant general may order all or part of the Texas military forces | ||
to state training and other duty if requested by a federal, state, | ||
or local governmental entity and the entity authorizes | ||
reimbursement of the costs to this state. | ||
(d) A service member called to state active duty or to state | ||
training and other duty has the rights, privileges, duties, | ||
functions, and authorities conferred or imposed by state law. | ||
Sec. 437.006. STATE OF INSURRECTION. The governor by | ||
proclamation may declare any portion of this state where the Texas | ||
military forces are serving in aid of the civil authority to be in a | ||
state of insurrection if the governor determines that law and order | ||
will be promoted by the declaration. | ||
Sec. 437.007. OFFICERS. (a) The governor shall appoint and | ||
commission officers of the Texas National Guard. To be eligible for | ||
appointment, a service member must be qualified under United States | ||
law and regulations. | ||
(b) The adjutant general shall appoint and commission | ||
officers, other than a general officer, in the Texas State Guard. To | ||
be eligible for appointment, a service member must be qualified | ||
under state guard rules and be recommended for appointment by the | ||
commander of the state guard. | ||
(c) An officer appointed under this section shall take and | ||
subscribe the official oath. | ||
Sec. 437.008. ENLISTMENT AND APPOINTMENT. (a) Federal law | ||
prescribes the terms and the qualifications and requirements for | ||
enlistment and appointment in the Texas National Guard. The | ||
governor and legislature may prescribe additional terms, | ||
qualifications, and requirements that do not conflict with federal | ||
law. | ||
(b) Enlistment in the Texas State Guard is prescribed by | ||
Subchapter G. | ||
Sec. 437.009. MILITARY FACILITIES PROJECTS: MATCHING | ||
FEDERAL FUNDS. If the governor, after consulting with the adjutant | ||
general, determines that the state is eligible for federal matching | ||
funds for projects at military facilities in this state, the | ||
governor may direct that money appropriated for another purpose be | ||
used to obtain the federal matching funds if the appropriation | ||
authorizes the money to be used for that purpose. | ||
SUBCHAPTER B. TEXAS MILITARY DEPARTMENT | ||
Sec. 437.051. SUNSET PROVISION. The department is subject | ||
to Chapter 325 (Texas Sunset Act). Unless continued in existence as | ||
provided by that chapter, the department is abolished and this | ||
subchapter expires September 1, 2019. | ||
Sec. 437.052. ADJUTANT GENERAL: JURISDICTION, DIVISION OF | ||
RESPONSIBILITIES, AND QUALIFICATIONS. (a) The adjutant general | ||
exercises the jurisdiction and powers conferred by this subtitle. | ||
The adjutant general is the governing officer, policy maker, and | ||
head of the department. | ||
(b) The adjutant general shall adopt and implement rules or | ||
policies that clearly separate the adjutant general's | ||
responsibilities from the administrative responsibilities of the | ||
department's executive director and staff. | ||
(c) To be eligible for appointment as adjutant general, a | ||
service member must: | ||
(1) at the time of appointment, be serving as a | ||
federally recognized officer of not less than colonel in the Texas | ||
National Guard; | ||
(2) have previously served on active duty or active | ||
duty for training with the United States Army or Air Force; | ||
(3) meet for the year the appointment is made the | ||
submission requirements of the General Officer Federal Recognition | ||
Board or its successor; and | ||
(4) have completed at least 15 years of service as a | ||
federally recognized reserve or active duty commissioned officer | ||
with an active unit of the United States Army or Air Force, the | ||
National Guard, or the Texas National Guard, including at least | ||
five years with the Texas National Guard. | ||
(d) The appointment of the adjutant general shall be made | ||
without regard to the race, color, disability, sex, religion, age, | ||
or national origin of the appointee. | ||
Sec. 437.053. ADJUTANT GENERAL: DUTIES. The adjutant | ||
general shall: | ||
(1) perform duties assigned by the governor relating | ||
to the military affairs of this state; | ||
(2) assume responsibility for the overall leadership, | ||
management, accountability, and operations of the Texas military | ||
forces, including the transportation of troops, munitions, | ||
military equipment, and property in this state; | ||
(3) oversee the preparation of returns and reports | ||
required of this state by the United States; | ||
(4) maintain a register of all officers of the Texas | ||
military forces; | ||
(5) publish at state expense, when necessary, state | ||
military law and rules; | ||
(6) make available annual reports concerning the Texas | ||
military forces; | ||
(7) establish reasonable and necessary fees for the | ||
administration of this subtitle; | ||
(8) employ and arm, as the adjutant general determines | ||
appropriate, persons licensed under Title 10, Occupations Code, to | ||
protect property that is under the adjutant general's authority and | ||
to satisfy applicable security requirements; | ||
(9) define and prescribe the kind and amount of | ||
supplies, including operational munitions for use in this state, to | ||
be purchased for the Texas military forces; | ||
(10) prescribe general rules for the maintenance of | ||
supplies and for the transportation and distribution of supplies | ||
from the place of purchase to camps, stations, companies, or other | ||
necessary places of safekeeping; | ||
(11) have supplies, whether the property of the United | ||
States or this state, properly cared for and kept in good order and | ||
ready for use; and | ||
(12) as the adjutant general determines appropriate, | ||
sell or destroy property and supplies or exchange property and | ||
supplies for other military property and supplies. | ||
Sec. 437.0531. EQUAL EMPLOYMENT OPPORTUNITY POLICY | ||
STATEMENT. The adjutant general shall adopt a written policy | ||
statement to implement a program of equal employment opportunity | ||
under which all personnel transactions are made without regard to | ||
race, color, disability, sex, religion, age, or national origin. | ||
The policy statement must include: | ||
(1) personnel policies, including policies relating | ||
to recruitment, evaluation, selection, appointment, training, and | ||
promotion of personnel that comply with Chapter 21, Labor Code; | ||
(2) a comprehensive analysis of the department's | ||
workforce that meets federal and state laws, rules, and regulations | ||
and instructions directly adopted from those laws, rules, and | ||
regulations; | ||
(3) procedures for determining the extent of underuse | ||
in the department's workforce of persons for whom federal or state | ||
laws, rules, and regulations and instructions directly adopted from | ||
those laws, rules, and regulations encourage a more equitable | ||
balance; and | ||
(4) reasonable methods to appropriately address the | ||
areas of underuse described in Subdivision (3). | ||
Sec. 437.054. ADJUTANT GENERAL: GENERAL POWERS. (a) The | ||
adjutant general is the decision-making authority on all matters | ||
concerning the location and maintenance of military forces and | ||
facilities in this state. The adjutant general may set priorities | ||
for the construction, renovation, repair, and maintenance of Texas | ||
military forces armories, facilities, and improvements owned or | ||
leased by this state. The adjutant general in this capacity is a | ||
public authority and a body politic and corporate and has all powers | ||
necessary for the acquisition, construction, rental, control, | ||
maintenance, operation, and disposition of Texas military forces | ||
facilities and real property and all associated property and | ||
equipment. | ||
(b) The adjutant general may execute a cooperative | ||
agreement with the National Guard Bureau and an interagency | ||
military agreement with a federal, state, or local governmental or | ||
quasi-governmental agency. | ||
(c) The adjutant general may delegate the authority granted | ||
under this section in whole or in part. | ||
Sec. 437.055. SEAL. The seal of the adjutant general | ||
consists of a five-pointed star with "Adjutant General, State of | ||
Texas" around the margin. | ||
Sec. 437.056. MANDATORY TRAINING FOR ADJUTANT GENERAL. (a) | ||
Before the adjutant general may assume the duties of the office and | ||
before the adjutant general may be confirmed by the senate, the | ||
adjutant general must complete at least one course of the training | ||
program established under this section. | ||
(b) A training program established under this section must | ||
provide information to the adjutant general regarding: | ||
(1) this chapter; | ||
(2) the federal and state programs operated by the | ||
department; | ||
(3) the federal and state roles and functions of the | ||
department; | ||
(4) the rules of the department, with an emphasis on | ||
disciplinary and investigatory authority rules; | ||
(5) the current budget for the department, with | ||
emphasis on state and federal funds; | ||
(6) the results of the most recent formal federal and | ||
state audits of the department; | ||
(7) the requirements of: | ||
(A) Chapter 552; and | ||
(B) the federal Freedom of Information Act (5 | ||
U.S.C. Section 552); | ||
(8) the requirements of the conflict-of-interest laws | ||
and other laws relating to public officials; | ||
(9) any applicable ethics policies adopted by the | ||
department or the Texas Ethics Commission; and | ||
(10) the requirements and development of the Master | ||
Cooperative Agreement between this state and the federal | ||
government. | ||
Sec. 437.057. DEPUTY ADJUTANTS GENERAL. (a) A deputy | ||
adjutant general has the rank prescribed by the governor, not to | ||
exceed the grade authorized for federal recognition in the | ||
position. A deputy adjutant general may not be promoted to a rank | ||
higher than that of the adjutant general. A deputy adjutant general | ||
is entitled to the rights, privileges, amenities, and immunities | ||
granted officers of that rank in the Texas National Guard. A deputy | ||
adjutant general may be removed from office by the governor. | ||
(b) A deputy adjutant general shall assist the adjutant | ||
general by performing assigned duties. If the adjutant general is | ||
dead, absent, or unable to act, the deputy adjutant general who is | ||
senior in rank, including tenure in that position and grade, shall | ||
perform the duties of the adjutant general. | ||
(c) Each deputy adjutant general must complete the training | ||
required of the adjutant general as prescribed by Section 437.056 | ||
not later than the 60th day after the date of appointment. | ||
Sec. 437.058. GENERAL OFFICERS. (a) The adjutant general | ||
may appoint as general officers an assistant deputy adjutant | ||
general for army, an assistant deputy adjutant general for air, an | ||
assistant deputy adjutant general for homeland security, and an | ||
assistant deputy adjutant general for government affairs. | ||
(b) A general officer may not be promoted to a rank higher | ||
than that of the adjutant general. | ||
(c) A general officer appointed under this section is | ||
responsible to and serves at the pleasure of the adjutant general. | ||
(d) The assistant deputy adjutant general for the army shall | ||
support the deputy adjutant general for the army, represent the | ||
command staff at events as needed, and manage the activities | ||
assigned by the adjutant general or the deputy adjutant general for | ||
the army. | ||
(e) The assistant deputy adjutant general for the Army | ||
National Guard or the Air National Guard, as determined by the | ||
adjutant general, shall: | ||
(1) coordinate with other state agencies in matters | ||
pertaining to homeland security to ensure state emergency services | ||
are provided and organized to support the state operations center; | ||
and | ||
(2) coordinate homeland security actions taken by the | ||
National Guard Bureau in this state. | ||
(f) The assistant deputy adjutant general for the Army | ||
National Guard or the Air National Guard, as determined by the | ||
adjutant general, shall coordinate activities of the Texas military | ||
forces with the National Guard Bureau to ensure funding and | ||
coordination with other federal, state, and local jurisdictions and | ||
officials in matters relating to the operations of the Texas | ||
military forces occurring in the assistant deputy adjutant | ||
general's jurisdiction or oversight. | ||
(g) The Texas military forces shall have at least one | ||
traditional Texas Air National Guard general officer and two | ||
traditional Texas Army National Guard general officers to support | ||
the operation and command of the Texas National Guard. | ||
Sec. 437.059. ADJUTANT GENERAL APPOINTMENTS. The adjutant | ||
general, as the adjutant general determines appropriate and with | ||
available funds, may appoint full-time employees of the department, | ||
traditional national guard members, state guard volunteers, or | ||
federal employees. | ||
Sec. 437.060. CONFLICT OF INTEREST PROVISIONS. (a) A | ||
person may not be appointed adjutant general, a deputy adjutant | ||
general, a general officer, judge advocate general, or executive | ||
director if the person is required to register as a lobbyist under | ||
Chapter 305 because of the person's activities for compensation on | ||
behalf of a profession related to the operation of the department. | ||
(b) An officer, employee, or paid consultant of a Texas | ||
trade association in the field of defense or veterans affairs may | ||
not be appointed adjutant general, a deputy adjutant general, a | ||
general officer, judge advocate general, or executive director. | ||
(c) A person who is the spouse of an officer, manager, or | ||
paid consultant of a Texas trade association in the field of defense | ||
or veterans affairs may not be appointed adjutant general, a deputy | ||
adjutant general, a general officer, judge advocate general, or | ||
executive director. | ||
(d) For the purposes of this section, a Texas trade | ||
association is a nonprofit, cooperative, and voluntarily joined | ||
association in this state designed to assist its members and its | ||
industry or profession in dealing with mutual business or | ||
professional problems and in promoting their common interest. | ||
Sec. 437.061. REMOVAL PROVISIONS FOR ADJUTANT GENERAL. (a) | ||
It is a ground for removal that the adjutant general: | ||
(1) does not have at the time of appointment the | ||
qualifications for service required by this chapter; | ||
(2) does not maintain the qualifications for service | ||
required by this chapter; | ||
(3) does not obtain approval of the General Officer | ||
Federal Recognition Board or its successor; | ||
(4) is found to have violated ethical standards of | ||
conduct of the federal government, this state, or the department; | ||
or | ||
(5) cannot discharge the duties required by this | ||
chapter because of illness or disability. | ||
(b) The validity of an action of the adjutant general is not | ||
affected by the fact that it is taken when a ground for removal | ||
exists. | ||
(c) If a potential ground for removal exists, the deputy | ||
adjutant general with the longest tenure in that position in the | ||
department shall notify the governor that a potential ground for | ||
removal exists. | ||
Sec. 437.062. SALARIES. (a) The adjutant general is | ||
entitled to a salary in the amount designated in the General | ||
Appropriations Act. | ||
(b) A deputy adjutant general, general officer, or | ||
executive director employed under this chapter is entitled to a | ||
salary subject to the classification and salary schedule provisions | ||
defined in the General Appropriations Act. | ||
SUBCHAPTER C. TEXAS MILITARY DEPARTMENT OPERATIONS | ||
Sec. 437.101. EXECUTIVE DIRECTOR. (a) The executive | ||
director is an employee of the department and serves at the pleasure | ||
of the adjutant general. | ||
(b) Subject to Sections 437.052 and 437.054, the executive | ||
director may enter into contracts related to the purposes or duties | ||
of the department and may have and use a corporate seal. | ||
(c) The executive director is responsible for the daily | ||
administration of the department and the operational compliance | ||
with the cooperative agreements between the department and the | ||
National Guard Bureau. | ||
Sec. 437.102. DEPARTMENT PERSONNEL. (a) The adjutant | ||
general may hire employees as necessary to carry on the operations | ||
of the department. | ||
(b) The executive director or the executive director's | ||
designee shall provide to the adjutant general and to department | ||
employees, as often as necessary, information regarding the | ||
requirements for office or employment under this chapter, including | ||
information regarding a person's responsibilities under applicable | ||
laws relating to standards of conduct for state officers or | ||
employees. | ||
Sec. 437.103. STATE GUARD ADMINISTRATIVE PERSONNEL. (a) | ||
Except as provided by Subsection (b), to be eligible to hold a | ||
position relating to the daily operations and coordination of the | ||
Texas State Guard, an employee must maintain membership in the | ||
Texas State Guard. | ||
(b) For good cause, the adjutant general may exempt a | ||
position from the requirement under Subsection (a) by placing a | ||
letter stating the reason for the exemption in the state human | ||
resources files at the department. | ||
Sec. 437.104. CAREER LADDER PROGRAM; PERFORMANCE | ||
EVALUATIONS. (a) The executive director shall develop a career | ||
ladder program. The program must require intra-agency postings of | ||
all non-entry level positions concurrently with any public posting. | ||
(b) The executive director shall develop a system of | ||
employee performance evaluations. The system must require that | ||
evaluations be conducted at least annually. All merit pay for | ||
department employees must be based on the system established under | ||
this subsection. | ||
Sec. 437.105. AUTHORITY TO MAKE DIFFERENTIAL PAYMENTS. The | ||
department may pay an employee additional compensation for duty | ||
hours other than Monday through Friday normal business hours or for | ||
the ability to legally carry weapons. The department by rule shall | ||
establish the classification, procedures, and amount of the | ||
additional compensation. The department may make differential | ||
payments only if money is available to pay those amounts. | ||
Sec. 437.106. HISTORICAL PRESERVATION OF RECORDS AND | ||
PROPERTY. Except as provided by other law and in accordance with | ||
all applicable federal and state requirements, the department shall | ||
preserve all historically significant military records or property | ||
in a military museum in this state. | ||
Sec. 437.107. REPORTS. (a) The department annually shall | ||
submit to the governor and the presiding officer of each house of | ||
the legislature a complete and detailed written report accounting | ||
for all funds received and disbursed by the department during the | ||
preceding fiscal year. The report must be in the form and reported | ||
in the time provided by the General Appropriations Act. | ||
(b) The department shall provide to the governor in December | ||
of each even-numbered year: | ||
(1) an account of all arms, ammunition, and other | ||
military property owned by or in possession of this state and its | ||
present condition; | ||
(2) a statement of the number, condition, and | ||
organization of the Texas military forces; | ||
(3) suggestions important to the military interests | ||
and conditions of this state; | ||
(4) a list and description of all Texas military | ||
forces missions that are in progress; and | ||
(5) a statement of department plans to obtain and | ||
maintain future Texas National Guard missions, including proposed | ||
missions that are consistent with the United States Department of | ||
Defense's strategies. | ||
(c) Information relating to any current, proposed, or | ||
planned mission that the adjutant general considers to be | ||
classified or sensitive in nature is exempt from the reporting | ||
requirement of Subsection (b). | ||
Sec. 437.108. TECHNOLOGY POLICY. The department shall | ||
develop and implement a policy requiring the executive director and | ||
department's employees to research and propose appropriate | ||
technological solutions to improve the department's ability to | ||
perform its functions. The technological solutions must: | ||
(1) ensure that the public is able to easily find | ||
information about the department on the Internet; | ||
(2) ensure that persons who want to use the | ||
department's services are able to: | ||
(A) interact with the department through the | ||
Internet; and | ||
(B) access any service that can be provided | ||
effectively through the Internet; and | ||
(3) be cost-effective and developed through the | ||
department's planning processes. | ||
Sec. 437.109. EXEMPTION FROM CERTAIN STATE ACTIVITIES. (a) | ||
The department is exempt from the provisions of Chapter 2054 | ||
relating to the oversight of information resources and information | ||
resource manager provisions to the extent the National Guard Bureau | ||
and the Department of Defense provide information technology and | ||
communications support to the department. | ||
(b) The department is exempt from the review and oversight | ||
of the State Office of Risk Management as prescribed by Chapter 412, | ||
Labor Code, to the extent the covered programs are federally | ||
managed and the cost is reimbursed to this state by the National | ||
Guard Bureau. | ||
(c) Notwithstanding any other law, a service member | ||
considered to be a temporary state employee is not considered to be | ||
an employee of the department for the purpose of counting the number | ||
of full-time equivalent positions authorized for the department in | ||
the General Appropriations Act. | ||
Sec. 437.110. POST EXCHANGES ON STATE MILITARY PROPERTY. | ||
(a) The department may establish and contract for the operation of | ||
not more than three military-type post exchanges similar to those | ||
operated by the armed forces of the United States on any real | ||
property under the management and control of the department. A post | ||
exchange may sell, lease, or rent goods and services, including | ||
firearms, tobacco products, prepared foods, and beer and wine but | ||
not distilled spirits. The department may designate facilities | ||
located on state property to use for purposes of this section. | ||
(b) The adjutant general shall adopt rules to govern post | ||
exchanges established under this section that are similar to the | ||
procedures, policies, and restrictions governing exchanges of the | ||
Army and Air Force Exchange Service, including rules that require | ||
an individual to show identification indicating the individual is | ||
qualified to buy, lease, or rent goods at the post exchange. | ||
(c) The department shall contract with a person to operate a | ||
post exchange created under this section. | ||
(d) A post exchange may sell, lease, or rent goods and | ||
services only to: | ||
(1) active, retired, and reserve members of the United | ||
States armed services; | ||
(2) active and retired members of the state military | ||
forces; | ||
(3) full-time employees of the adjutant general's | ||
department; and | ||
(4) dependents of an individual described by this | ||
subsection. | ||
(e) The post exchange services account is a unit fund under | ||
Section 437.211. For purposes of Section 437.211, the commander is | ||
the installation commander. The post exchange services account is | ||
exempt from the application of Sections 403.095 and 404.071. The | ||
account consists of: | ||
(1) money received from the operation of post | ||
exchanges created under this section; and | ||
(2) all interest attributable to money held in the | ||
account. | ||
(f) A post exchange created under this section may sell | ||
goods and services, including beer and wine but not distilled | ||
spirits, for off-premises consumption if the operator of the | ||
exchange holds the appropriate license or permit issued by the | ||
Texas Alcoholic Beverage Commission. The licensee or permittee | ||
shall comply in all respects with the Alcoholic Beverage Code and | ||
the rules of the Texas Alcoholic Beverage Commission. | ||
(g) Chapter 94, Human Resources Code, does not apply to | ||
vending facilities operated at a post exchange. | ||
Sec. 437.111. DONATIONS. (a) Except as provided by | ||
Subsections (d) and (e), all money paid to the department under this | ||
chapter is subject to Subchapter F, Chapter 404. | ||
(b) The department may accept funds, property, or services | ||
donated 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. | ||
(c) The department may solicit and accept gifts, grants, or | ||
donations from any private or public entity to support the Texas | ||
military forces or the Texas Military Forces Museum and may spend | ||
the proceeds consistent with donor limitations and for the use of | ||
the Texas military forces, the museum, or the department. | ||
(d) The department may accept a donation or transfer of | ||
funds from the federal government directly or through another | ||
agency or from an agency or political subdivision of this state. | ||
The funds shall be deposited with the comptroller. The funds may be | ||
used for the legal purposes of the department as provided in the | ||
donation or transfer. The comptroller shall make payments from the | ||
funds on a properly drawn warrant issued by the comptroller on | ||
request of the adjutant general and approval of the governor under | ||
rules adopted by the comptroller. | ||
(e) A unit may accept funds for the benefit of a particular | ||
military unit in a unit fund as prescribed in Section 437.211. | ||
Sec. 437.112. INFORMATION OF INTEREST; COMPLAINTS. (a) The | ||
department shall prepare information of public interest describing | ||
the functions of the department and the procedures by which | ||
complaints are filed with and resolved by the department. The | ||
department shall make the information available to the public and | ||
appropriate state agencies. | ||
(b) The adjutant general by rule shall establish methods by | ||
which the public and members of the Texas National Guard are | ||
notified of the name, mailing address, and telephone number of the | ||
department for the purpose of directing complaints to the | ||
department. | ||
(c) The department shall maintain a file on each written | ||
complaint filed with the department. The file must include: | ||
(1) the name of the person who filed the complaint; | ||
(2) the date the complaint is received by the | ||
department; | ||
(3) the subject matter of the complaint; | ||
(4) the name of each person contacted in connection | ||
with the complaint; | ||
(5) a summary of the results of the review or | ||
investigation of the complaint; and | ||
(6) an explanation of the reason the file was closed, | ||
if the department closed the file without taking action other than | ||
to investigate the complaint. | ||
(d) The department shall provide to the person filing the | ||
complaint and to each person who is the subject of the complaint a | ||
copy of the department's policies and procedures relating to | ||
complaint investigation and resolution unless the notice would | ||
jeopardize an undercover investigation. | ||
(e) The department, at least quarterly until final | ||
disposition of the complaint, shall notify the person filing the | ||
complaint and each person who is the subject of the complaint of the | ||
status of the investigation unless the notice would jeopardize an | ||
undercover investigation. | ||
Sec. 437.113. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. | ||
(a) The department shall develop and implement a policy to | ||
encourage the use of appropriate alternative dispute resolution | ||
procedures under Chapter 2009 to assist in the resolution of | ||
internal and external disputes within the department's | ||
jurisdiction. | ||
(b) The department's procedures relating to alternative | ||
dispute resolution must 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 department 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 department. | ||
Sec. 437.114. SUPPLIES. (a) The department may purchase | ||
from money appropriated to the department and keep ready for use, | ||
store, or issue a necessary amount of ordnance, subsistence, | ||
medical, signal, engineering, and other supplies. | ||
(b) The department may dispose of or exchange supplies owned | ||
by this state that are unfit for further use as the department | ||
determines is in the best interest of the Texas military forces. | ||
(c) The department shall provide each state military unit | ||
with the arms, equipment, instruction and record books, and other | ||
supplies necessary for performance of the duties required of the | ||
unit by this chapter. The unit shall keep the property in proper | ||
repair and good condition. The department may execute bonds in the | ||
name of this state as necessary to obtain this property. | ||
Sec. 437.115. BIDS. The department shall adopt rules | ||
governing the preparation, submission, and opening of bids for | ||
contracts. | ||
Sec. 437.116. PROGRAM ACCESSIBILITY. The department shall | ||
comply with federal and state laws related to program | ||
accessibility. The department shall also prepare and maintain a | ||
written plan that describes how a person who does not speak English | ||
can be provided reasonable access to the department's programs and | ||
services. | ||
Sec. 437.117. TEXAS CHALLENGE ACADEMY. (a) For each | ||
student enrolled in the Texas ChalleNGe Academy, the department is | ||
entitled to allotments from the Foundation School Program under | ||
Chapter 42, Education Code, as if the academy were a school district | ||
without a tier one local share for purposes of Section 42.253, | ||
Education Code. | ||
(b) The department shall contract with an appropriate | ||
school district for the provision of educational services for | ||
students enrolled in the academy. The school district with which | ||
the department contracts shall be responsible for ensuring | ||
compliance with any applicable regulatory requirements imposed | ||
under the Education Code and enforced by the commissioner of | ||
education and the Texas Education Agency. | ||
Sec. 437.118. USE OF FUNDS TO SUPPORT MILITARY HOUSING AND | ||
TRAINING. (a) The department may use appropriated money to | ||
purchase food and beverages for charged military housing and | ||
training functions required of the Texas military forces. | ||
(b) The department shall maintain and operate charged | ||
military housing in accordance with policies and rules adopted by | ||
the adjutant general and published on the department's Internet | ||
website. The department shall deposit room fees in a billeting | ||
account. | ||
SUBCHAPTER D. REAL PROPERTY MANAGEMENT | ||
Sec. 437.151. REAL PROPERTY ADVISORY COUNCIL. (a) The real | ||
property advisory council is composed of the following eight | ||
members: | ||
(1) two deputy adjutants general; | ||
(2) the executive director; and | ||
(3) five public members who are not actively serving | ||
in the Texas National Guard and who have experience in | ||
architecture, construction management, engineering, property | ||
management, facilities maintenance management, real estate | ||
services, or real property law. | ||
(b) The public members of the advisory council are appointed | ||
to staggered three-year terms by the adjutant general. | ||
(c) The adjutant general by rule shall specify the | ||
requirements, term limits, and expectations for the advisory | ||
council. | ||
(d) The adjutant general shall designate one of the public | ||
members of the advisory council as the presiding officer of the | ||
advisory council to serve in that capacity at the pleasure of the | ||
adjutant general. | ||
(e) The director of the department's facilities management | ||
office is responsible for administration and coordination of | ||
council meetings and preparation of materials with input from the | ||
council membership. | ||
(f) The council shall meet at least two times each fiscal | ||
year to advise the department on: | ||
(1) the facility master plan; | ||
(2) the long-range construction plan; | ||
(3) the selection of architecture and engineering | ||
firms; | ||
(4) requests for bonding authority for state military | ||
facilities; | ||
(5) the disposal or sale of department property; | ||
(6) surface leases of department property; | ||
(7) natural resources management plans; and | ||
(8) environmental studies and agreements. | ||
(g) Each public member of the advisory council is entitled | ||
to a per diem as provided by the General Appropriations Act for each | ||
day that the member engages in the business of the council. | ||
(h) Each member of the advisory council is entitled to | ||
reimbursement for meals, lodging, transportation, and incidental | ||
expenses: | ||
(1) under the rules for reimbursement that apply to | ||
the member's office or employment, if the member is a state officer | ||
or employee; or | ||
(2) as provided by the General Appropriations Act if | ||
the member is not a state officer or employee. | ||
(i) The advisory council is not subject to Chapter 2110. | ||
Sec. 437.152. PUBLIC COMMENT. The advisory council shall | ||
develop and implement policies that provide the public with a | ||
reasonable opportunity to at least annually appear before the | ||
council and speak on any issue related to the construction, repair, | ||
and maintenance of Texas military forces armories, facilities, and | ||
improvements under the jurisdiction of the department. | ||
Sec. 437.153. BORROWING MONEY; ISSUING AND SELLING BONDS. | ||
(a) The department may borrow money in the amount and under | ||
circumstances allowed by the Texas Constitution and may request the | ||
Texas Public Finance Authority, on behalf of the department, to | ||
issue and sell fully negotiable bonds to acquire, construct, | ||
remodel, repair, or equip one or more facilities. | ||
(b) The Texas Public Finance Authority may sell the bonds in | ||
any manner it determines to be in the best interest of the | ||
department, except that it may not sell a bond that has not been | ||
approved by the attorney general and registered with the | ||
comptroller. | ||
Sec. 437.154. REPORT OF MILITARY USE OF PROPERTY. (a) If | ||
the department receives notice from the General Land Office as | ||
provided by Section 31.156, Natural Resources Code, the department | ||
shall produce a report evaluating the military use of any real | ||
property under the management and control of the department. | ||
(b) Not later than August 1 of the year in which the | ||
commissioner of the General Land Office submits a report as | ||
provided by Section 31.157, Natural Resources Code, the department | ||
shall submit a preliminary report of the report required under | ||
Subsection (a) to the commissioner of the General Land Office | ||
identifying the real property used for military purposes. Not later | ||
than September 1 of the year in which the commissioner of the | ||
General Land Office submits a report as provided by Section 31.157, | ||
Natural Resources Code, the department shall submit the final | ||
report as required by Subsection (a) to: | ||
(1) the governor; | ||
(2) the presiding officer of each house of the | ||
legislature; | ||
(3) the Legislative Budget Board; and | ||
(4) the governor's budget office. | ||
Sec. 437.155. ACQUISITION; MANAGEMENT; PLEDGE OF RENTS, | ||
ISSUES, AND PROFITS. (a) The department by gift, lease, or purchase | ||
may acquire real property, including leasehold estates in real | ||
property, for any purpose the department considers necessary for | ||
the use of the Texas military forces. | ||
(b) The department may acquire furniture and equipment | ||
suitable for facility purposes by gift, purchase, or construction. | ||
(c) The department may: | ||
(1) hold, manage, or maintain the property; | ||
(2) after the analysis required under Section | ||
437.163(b), if applicable, lease or sell the property; and | ||
(3) pledge all or part of the rents, issues, and | ||
profits of the property. | ||
(d) The department may own and operate or contract with a | ||
vendor to provide temporary lodging facilities for use of military | ||
and retired military personnel. The department shall publish | ||
information on the department's Internet website outlining the | ||
operation, use, and fee structure for temporary lodging facilities. | ||
Out of the money received for operating the temporary lodging | ||
facilities, the department may procure the necessary furnishings, | ||
goods, and services to manage and operate the temporary lodging | ||
facilities. | ||
(e) The adjutant general, assistant deputy adjutant general | ||
for the air, and assistant deputy adjutant general for the army may | ||
reside in state-owned housing and are exempt from paying housing | ||
costs. The department may allocate existing department housing to | ||
other department employees who demonstrate a need based on location | ||
and job description at a rate in accordance with the General | ||
Appropriations Act. | ||
(f) The department shall deposit proceeds from any land | ||
lease or other revenue under this section, other than daily fee | ||
deposits that qualify as unit funds, into the state treasury to the | ||
credit of the department for the use and benefit of the facilities | ||
of the Texas military forces. If any part of these funds 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. | ||
Sec. 437.156. CONSTRUCTION; FURNISHING AND EQUIPMENT. (a) | ||
The department may construct buildings on real property held by the | ||
department in fee simple or otherwise. The department may furnish | ||
and equip the buildings. | ||
(b) The department may construct a building on land | ||
comprising a site licensed or otherwise provided to this state by | ||
the federal government. If the department constructs a building on | ||
that site, the site becomes the property of the department for all | ||
purposes of this chapter as if the site had been acquired by gift to | ||
or purchase by the department. | ||
(c) Department buildings that are constructed or undergoing | ||
major renovations must include information distribution system | ||
provisions in the contract. | ||
Sec. 437.157. LEASE OF PROPERTY. (a) In this section, | ||
"lease" includes a sublease. | ||
(b) After the analysis required under Section 437.163(b), if | ||
applicable, the department may lease property to any person. | ||
(c) The law requiring notice and competitive bids does not | ||
apply to a lease under this section. | ||
Sec. 437.158. TRANSFER TO STATE. When property that the | ||
Texas Public Finance Authority owns in accordance with Section | ||
437.159 is fully paid for and free of liens and all obligations | ||
incurred in connection with the acquisition and construction of the | ||
property have been fully paid, the Texas Public Finance Authority | ||
shall donate and transfer the property to the department by | ||
appropriate instruments of transfer. The instruments of transfer | ||
shall be kept in the custody of the department. | ||
Sec. 437.159. PROPERTY FINANCED BY BONDS. Notwithstanding | ||
any other provision of this chapter, property used by this state for | ||
military purposes that was acquired, constructed, remodeled, or | ||
repaired using money from bonds and that has not yet been | ||
transferred under Section 437.158 is owned by the Texas Public | ||
Finance Authority and a reference to the department in this chapter | ||
in relation to that ownership means the Texas Public Finance | ||
Authority until the property is transferred. | ||
Sec. 437.160. DONATION OF PROPERTY. The governing body of a | ||
county or municipality, on behalf of the county or municipality, | ||
may donate real property to the department for use as a Texas | ||
military forces facility. The donation may be in fee simple or | ||
otherwise. | ||
Sec. 437.161. TAX STATUS OF PROPERTY. Property held by the | ||
department and rents, issues, and profits from the property are | ||
exempt from taxation by the state, a municipality, a county or other | ||
political subdivision, or a taxing district of this state. | ||
Sec. 437.162. FACILITY ACCESSIBILITY. The department for | ||
new facility construction shall comply with federal and state laws | ||
related to facility accessibility. | ||
Sec. 437.163. DISPOSAL OF CERTAIN SURPLUS REAL PROPERTY. | ||
(a) When department property that is owned or transferred to this | ||
state is fully paid for and free of liens incurred in connection | ||
with the acquisition and construction of the property, the | ||
department may, after conducting the analysis required under this | ||
section, if applicable, properly dispose of the property that is | ||
designated by the adjutant general as surplus. | ||
(b) Before granting or conveying an interest in real | ||
property under this subchapter, the department must conduct an | ||
analysis to determine whether the disposal of property is in the | ||
best interests of the Texas military forces and evaluate whether | ||
each unit of the Texas military forces has adequate facility space | ||
to ensure that ongoing operations are maintained. | ||
(c) To accomplish the purposes of Subsection (a), the | ||
department may remove, dismantle, or sever any of the property or | ||
authorize its removal, dismantling, or severance. | ||
(d) If property under this section is designated as surplus, | ||
the department may sell the property to the highest and best bidder | ||
for cash using either sealed bid or public auction. The department | ||
may reject any or all bids. If the site is considered historical, | ||
the department may evaluate other factors relating to ensuring the | ||
long-term care of the site when selecting the winning bidder. | ||
(e) If property under this section is designated for | ||
exchange, the department may exchange the property for one or more | ||
parcels of land equal to or exceeding the value of the property to | ||
be exchanged. | ||
(f) A sale, deed, or exchange made under this section must | ||
reserve to this state a one-sixteenth mineral interest free of cost | ||
of production. | ||
(g) The department may: | ||
(1) reconvey to the original grantor or donor all | ||
rights, title, and interests, including mineral interests, to all | ||
or part of the land conveyed by that person; and | ||
(2) convey to the original grantor or donor, on a | ||
negotiated basis at fair market value, improvements constructed on | ||
the land reconveyed. | ||
(h) The department shall deposit proceeds of sales under | ||
this section in the state treasury to the credit of the department | ||
for the use and benefit of the Texas military forces. | ||
SUBCHAPTER E. TEXAS MILITARY FORCES | ||
Sec. 437.201. CERTIFICATION OF MILITARY UNITS. The | ||
adjutant general shall issue each unit a certificate stating that | ||
the unit has been duly organized according to the laws and rules of | ||
the Texas military forces and is entitled to the rights, powers, | ||
privileges, amenities, and immunities conferred by law and military | ||
regulation. The certificate is evidence in a state court that the | ||
unit is duly incorporated. | ||
Sec. 437.202. LEAVE OF ABSENCE FOR PUBLIC OFFICERS AND | ||
EMPLOYEES. (a) Except as provided by Subsections (b) and (c), a | ||
person who is an officer or employee of this state, a municipality, | ||
a county, or another political subdivision of this state and who is | ||
a member of the Texas military forces, a reserve component of the | ||
armed forces, or a member of a state or federally authorized urban | ||
search and rescue team is entitled to a paid leave of absence from | ||
the person's duties on a day on which the person is engaged in | ||
authorized training or duty ordered or authorized by proper | ||
authority for not more than 15 workdays in a federal fiscal year. | ||
During a leave of absence, the person may not be subjected to loss | ||
of time, efficiency rating, personal time, sick leave, or vacation | ||
time. | ||
(b) An officer or employee of this state is entitled to | ||
carry forward from one federal fiscal year to the next the net | ||
balance of unused accumulated leave under Subsection (a) that does | ||
not exceed 45 workdays. | ||
(c) A member of the legislature is entitled to pay for all | ||
days that the member is absent from a session of the legislature and | ||
engaged in training or duty as provided by Subsection (a). | ||
(d) A state employee who is a member of the Texas military | ||
forces, a reserve component of the armed forces, or a member of a | ||
state or federally authorized urban search and rescue team and who | ||
is ordered to duty by proper authority is entitled, when relieved | ||
from duty, to be restored to the position that the employee held | ||
when ordered to duty. | ||
Sec. 437.203. DUAL OFFICE HOLDING. A position in or | ||
membership in the Texas military forces is not considered to be a | ||
civil office of emolument. | ||
Sec. 437.204. REEMPLOYMENT OF SERVICE MEMBER CALLED TO | ||
TRAINING OR DUTY. (a) An employer may not terminate the employment | ||
of an employee who is a member of the state military forces of this | ||
state or any other state because the employee is ordered to | ||
authorized training or duty by a proper authority. The employee is | ||
entitled to return to the same employment held when ordered to | ||
training or duty and may not be subjected to loss of time, | ||
efficiency rating, vacation time, or any benefit of employment | ||
during or because of the absence. The employee, as soon as | ||
practicable after release from duty, must give written or actual | ||
notice of intent to return to employment. | ||
(b) A violation of this section is an unlawful employment | ||
practice. A person injured by a violation of this section may file | ||
a complaint with the Texas Workforce Commission civil rights | ||
division under Subchapter J. | ||
Sec. 437.205. OATH. (a) A commissioned officer of the | ||
Texas military forces may administer oaths for purposes of military | ||
administration. The officer's signature, without seal, and the | ||
title of the officer's assignment is prima facie evidence of the | ||
officer's authority. | ||
(b) A person appointed, enlisted, or drafted in the Texas | ||
military forces shall take and subscribe an oath prescribed by the | ||
adjutant general. | ||
Sec. 437.206. COMMISSIONS. (a) An initial state commission | ||
in the Texas military forces must be: | ||
(1) in the name and by authority of this state; | ||
(2) sealed with the state seal; | ||
(3) signed by the governor and attested by the | ||
secretary of state; | ||
(4) recorded by the Texas military forces; and | ||
(5) conferred without fee. | ||
(b) On the recommendation of the commanding officer or | ||
noncommissioned officer of the Texas military forces, the governor | ||
may confer on the officer or noncommissioned officer a brevet of a | ||
grade higher than the ordinary commission or brevet held by the | ||
officer or noncommissioned officer for gallant conduct or | ||
meritorious military service. The adjutant general shall specify | ||
the criteria for gallant conduct or meritorious military service. | ||
(c) The governor may confer on an officer in active service | ||
in the Texas military forces who has previously served in the forces | ||
of the United States during a war a brevet of a grade equal to the | ||
highest grade in which the officer previously served. | ||
(d) A commission under Subsection (b) or (c) carries only | ||
the privileges or rights allowed for similar commissions in the | ||
military service of the United States. | ||
(e) The governor, without examination, may appoint and | ||
confer a brevet of second lieutenant on an enlisted service member | ||
who has served well and faithfully in the Texas military forces for | ||
25 years or more. The service member shall immediately be placed on | ||
the retired list. | ||
(f) The governor may delegate the powers granted by this | ||
section to the adjutant general. | ||
Sec. 437.207. MILITARY UNIT AS CORPORATE BODY. (a) A | ||
military unit in the Texas military forces is, from the time of its | ||
creation, a body politic and corporate and may: | ||
(1) take, purchase, own, hold, transfer, pledge, and | ||
convey under its corporate name property of a total value, when | ||
acquired, of not more than $200,000; | ||
(2) sue and be sued, plead and be impleaded, and | ||
prosecute and defend in court under its corporate name; | ||
(3) have and use a common seal in a form it adopts; | ||
(4) adopt bylaws to govern and regulate its affairs, | ||
consistent with state law and United States law and the orders and | ||
rules of the governor; and | ||
(5) otherwise act as necessary and proper to carry out | ||
its purpose. | ||
(b) The officers of the unit or, if there are no officers in | ||
the unit, the noncommissioned officers are its directors. The | ||
senior officer is its president. | ||
(c) The power of a unit to hold or handle property is not | ||
affected by a natural increase in the property's value after it is | ||
acquired. | ||
Sec. 437.208. ORGANIZATION PROHIBITED. (a) Except as | ||
provided by Subsection (b), a body of persons other than the | ||
regularly organized Texas military forces, the armed forces of the | ||
United States, or the active militia of another state may not | ||
associate as a military company or organization or parade in public | ||
with firearms in a municipality of the state. | ||
(b) With the consent of the governor, students in an | ||
educational institution at which military science is a prescribed | ||
part of the course of instruction may drill and perform ceremonies | ||
with firearms in public. The governor may delegate the powers | ||
granted by this subsection to the adjutant general. | ||
Sec. 437.209. FOREIGN TROOPS. A military force from | ||
another state, territory, or district, except a force that is on | ||
federal orders and acting as a part of the United States armed | ||
forces, may not enter this state without the permission of the | ||
governor. The governor may delegate the powers granted by this | ||
section to the adjutant general. | ||
Sec. 437.210. INTERFERENCE WITH TEXAS MILITARY FORCES. (a) | ||
A person commits an offense if the person physically and | ||
intentionally hinders, delays, or obstructs or intentionally | ||
attempts to hinder, delay, or obstruct a portion of the Texas | ||
military forces on active duty in performance of a military duty. | ||
(b) An offense under Subsection (a) is a Class B | ||
misdemeanor. | ||
(c) The commanding officer of a portion of the Texas | ||
military forces parading or performing a military duty in a street | ||
or highway may require a person in the street or highway to yield | ||
the right-of-way to the forces, except that the commanding officer | ||
may not interfere with the carrying of the United States mail, a | ||
legitimate function of the police, or the progress or operation of | ||
an emergency medical services provider or fire department. | ||
(d) During an occasion of duty, a commanding officer may | ||
detain a person who: | ||
(1) trespasses on a place of duty; | ||
(2) interrupts or molests the orderly discharge of | ||
duty by those under orders; or | ||
(3) disturbs or prevents the passage of troops going | ||
to or coming from duty. | ||
(e) The commanding officer shall make a reasonable effort to | ||
forward detained individuals to civil authorities as soon as | ||
practicable. | ||
Sec. 437.211. MANAGEMENT OF UNIT FUNDS. (a) The commanding | ||
officer of each unit is the custodian of the unit fund. The | ||
commanding officer shall: | ||
(1) receive, keep, properly disburse, and document the | ||
use of the money in the fund; and | ||
(2) submit to the department an itemized statement of | ||
money received and disbursed during the preceding reporting period: | ||
(A) on September 1 of each year; and | ||
(B) when there is a change of the commanding | ||
officer of the unit. | ||
(b) The unit fund consists of: | ||
(1) donations made to the fund; | ||
(2) rental income from state facilities under the | ||
management of the unit that are leased for less than three days; | ||
(3) revenue received from the sale of goods or | ||
services to members of the unit and visitors; and | ||
(4) depository interest and investment income earned | ||
on amounts in the fund. | ||
(c) A unit fund is a special fund held outside the state | ||
treasury to be administered by the commanding officer of the unit | ||
without further appropriation. A unit fund is not subject to | ||
Chapter 2256. The department shall develop policies and procedures | ||
concerning the administration of the funds. 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. | ||
(d) Chapter 94, Human Resources Code, does not apply to | ||
vending facilities operated for the benefit of a unit fund. | ||
Sec. 437.212. PAY AND BENEFITS FOR STATE ACTIVE DUTY, STATE | ||
TRAINING, AND OTHER DUTY. (a) This state may make suitable | ||
provision for the pay, transportation, subsistence, and housing of | ||
service members on state active duty or state training and other | ||
duty as necessary to accomplish the mission. | ||
(b) Pay and benefits received by service members of the | ||
Texas military forces under this chapter are not a gratuity, but are | ||
compensation for services provided as a condition of membership in | ||
the Texas military forces. | ||
(c) Service members who are state employees when called by | ||
proper authority into a state active duty status or for state | ||
training and other duty status are entitled to the regular benefits | ||
provided by the employing agency and a paid leave of absence as | ||
provided by Section 437.202. | ||
(d) A service member who is not a state employee when called | ||
by proper authority into a state active duty status or state | ||
training and other duty status becomes a temporary state employee | ||
when in this status and is limited to the benefits specified in this | ||
chapter. A temporary state employee status does not apply to a | ||
service member who is a federal civil servant or on active guard | ||
reserve status, including a member serving on orders issued under | ||
Title 10 or 32, United States Code. | ||
(e) A service member compensated under this section is | ||
eligible for state workers' compensation coverage under Chapter | ||
501, Labor Code. | ||
(f) A volunteer in the Texas State Guard who is not a | ||
full-time or part-time state employee and who has been on state | ||
active duty or on state training or other duty for more than 90 days | ||
is eligible to participate in the state group benefits program | ||
under Chapter 1551, Insurance Code, to purchase health or dental | ||
insurance coverage, subject to the following requirements: | ||
(1) the participant must be a member of the Texas State | ||
Guard at the time of enrollment in the group benefits program; | ||
(2) the participant must pay the full cost of health or | ||
dental insurance coverage under the group benefits program and may | ||
not receive a state contribution for premiums; and | ||
(3) an application under this subsection for group | ||
benefit health or dental insurance coverage must be submitted in | ||
accordance with procedures established by the Employees Retirement | ||
System of Texas. | ||
(g) The adjutant general and the Employees Retirement | ||
System of Texas shall coordinate and consult to implement the | ||
benefits program provided by Subsection (f) and shall adopt a | ||
memorandum of understanding to establish: | ||
(1) the procedures that a member of the Texas State | ||
Guard may use to elect to participate in the state group benefits | ||
program; and | ||
(2) an appropriate method to annually confirm | ||
continuing eligibility to participate in the group benefits | ||
program. | ||
(h) A service member who is on active guard reserve status, | ||
including a member serving on orders issued under Title 10 or 32, | ||
United States Code, may not receive state active duty pay or state | ||
training and other duty pay. | ||
(i) A service member who is a federal technician in a paid | ||
status may not receive state active duty pay or pay for state | ||
training and other duty unless the member is on a military leave or | ||
leave without pay status from the federal employment. | ||
Sec. 437.213. CERTAIN BENEFITS AND PROTECTIONS FOR STATE | ||
SERVICE. 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 is entitled to the same benefits and | ||
protections provided to persons: | ||
(1) performing service in the uniformed services as | ||
provided by 38 U.S.C. Sections 4301-4373 and 4376-4379, as that law | ||
existed on April 1, 2003; and | ||
(2) in the military service of the United States as | ||
provided by 50 App. U.S.C. Sections 501-536, 560, and 580-594, as | ||
that law existed on April 1, 2003. | ||
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. | ||
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. | ||
Sec. 437.216. SERVICE REFERRAL PROGRAM. (a) The department | ||
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 department 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 department | ||
shall consult with the National Guard Bureau, the United States | ||
Veterans Health Administration, the Texas A&M Health Science Center | ||
College of Medicine, and The University of Texas Health Science | ||
Center at San Antonio. | ||
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). | ||
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. | ||
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. | ||
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 rules to implement this | ||
section, including rules 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. | ||
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. | ||
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. | ||
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. | ||
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. | ||
Sec. 437.225. DISCHARGE. (a) A service member may be | ||
discharged from the Texas military forces according to rules | ||
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. | ||
Sec. 437.226. ASSISTANCE FOR TUITION AND FEES. (a) In this | ||
section, "institution of higher education" and "private or | ||
independent institution of higher education" have the meanings | ||
assigned by Section 61.003, Education Code. | ||
(b) To be eligible for assistance for tuition and mandatory | ||
fees under this section, a person must: | ||
(1) be a service member in good standing, as certified | ||
by the adjutant general, of the Texas military forces who is: | ||
(A) an enlisted member; | ||
(B) a warrant officer of a grade from Warrant | ||
Officer One through Chief Warrant Officer Three; or | ||
(C) a commissioned officer of a grade from Second | ||
Lieutenant through Lieutenant Colonel; and | ||
(2) meet any additional qualification established by | ||
the adjutant general to carry out the purposes of this section or to | ||
further the institutional needs of the Texas military forces. | ||
(c) The adjutant general shall grant assistance for tuition | ||
and mandatory fees under this section to eligible service members, | ||
in an amount not to exceed the amount provided in the General | ||
Appropriations Act. The adjutant general may apportion the number | ||
of assistance awards among the components of the Texas military | ||
forces necessary to meet the recruitment and retention needs of | ||
those components. The number of assistance awards made to members | ||
of the Texas State Guard may not exceed 30 for any semester unless | ||
the adjutant general finds a compelling need for additional awards | ||
to members of the Texas State Guard. | ||
(d) Assistance for tuition and mandatory fees may be awarded | ||
under this section for tuition and mandatory fees charged for any | ||
undergraduate or graduate course at an institution of higher | ||
education or private or independent institution of higher | ||
education, including a vocational or technical course. | ||
(e) A service member may not receive assistance for tuition | ||
under this section for more than 12 semester credit hours in any | ||
semester. | ||
(f) A service member may not receive assistance for tuition | ||
and mandatory fees under this section for more than 5 academic years | ||
or 10 semesters, whichever occurs first for the service member. | ||
(g) Before each semester, the department must certify to the | ||
appropriate public and private institutions of higher education a | ||
list of the service members to whom the adjutant general has awarded | ||
assistance for tuition and mandatory fees under this section for | ||
that semester. The amount of assistance awarded by the adjutant | ||
general under this section may not exceed the amount of money | ||
available to fund the assistance awards. | ||
(h) From money appropriated for purposes of this section, | ||
the department shall authorize the comptroller to reimburse an | ||
institution of higher education in an amount equal to the amount of | ||
the exemption from tuition and mandatory fees the institution | ||
grants to a person under Section 54.345, Education Code. | ||
(i) From money appropriated for purposes of this section, | ||
the department shall authorize the comptroller to make a grant to a | ||
service member attending a private or independent institution of | ||
higher education to whom the adjutant general has awarded | ||
assistance for tuition and mandatory fees for the semester under | ||
this section. The amount of a grant under this subsection is an | ||
amount equal to the average amount of reimbursement the department | ||
estimates will be paid per student for the same semester under | ||
Subsection (h). | ||
Sec. 437.227. COMPENSATION FOR DEATH OR INJURY. A member of | ||
the Texas military forces on state active duty or on state training | ||
or other duty who is killed or injured while engaged in authorized | ||
duty or training is entitled to receive compensation and | ||
protections under Title 5, Labor Code. | ||
Sec. 437.228. SALE OF ARMS. The commanding officer of a | ||
unit called to enforce law may order the closing of any place where | ||
arms, ammunition, or explosives are sold and forbid the sale, | ||
barter, loan, or gift of arms, ammunition, or explosives while | ||
service members are on duty in or near that place. | ||
Sec. 437.229. 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. | ||
Sec. 437.230. 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 Texas State Guard shall wear uniforms that differ | ||
significantly from the uniform of the National Guard, as required | ||
by National Guard regulations. | ||
Sec. 437.231. 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. | ||
Sec. 437.232. 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. | ||
SUBCHAPTER F. TEXAS NATIONAL GUARD | ||
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. | ||
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. | ||
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. | ||
Sec. 437.254. EMPLOYEES IN NATIONAL GUARD; EMERGENCY LEAVE. | ||
(a) A state employee called to state active duty as a member of the | ||
Texas National 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. | ||
(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. | ||
SUBCHAPTER G. TEXAS STATE GUARD | ||
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. | ||
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) must be at least 18 years of age and not older than | ||
70 years of age; | ||
(4) must undergo a background and criminal history | ||
check; | ||
(5) may 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. | ||
Sec. 437.303. GOVERNOR'S AUTHORITY. (a) The governor has | ||
full control and authority over the Texas State Guard. | ||
(b) The governor may adopt rules governing enlistment, | ||
organization, administration, uniforms, equipment, maintenance, | ||
command, training, and discipline of the Texas State Guard. The | ||
rules to the extent practicable and desirable must conform to law, | ||
rules, and regulations governing the Texas National Guard. | ||
(c) The governor may delegate the powers granted by this | ||
section to the adjutant general. | ||
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 rules adopted by the adjutant | ||
general. | ||
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. | ||
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. | ||
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. | ||
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, may make available to the | ||
Texas State Guard state armories and available state property. | ||
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, or the adjutant general for a service | ||
member that is not a general officer, may advance the service member | ||
one grade or rank at the time of the transfer into the honorary | ||
reserve. | ||
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; and | ||
(3) depository interest and investment income earned | ||
on money in the fund. | ||
(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. | ||
SECTION 1.02. Subchapter J, Chapter 431, Government Code, | ||
is transferred to Chapter 437, Government Code, as added by this | ||
Act, redesignated as Subchapter H, Chapter 437, Government Code, | ||
and amended to read as follows: | ||
SUBCHAPTER H [ |
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Sec. 437.351 [ |
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(a) The Texas Legislative Medal of Honor shall be awarded to a | ||
member of the state or federal military forces designated by | ||
concurrent resolution of the legislature who voluntarily performs a | ||
deed of personal bravery or self-sacrifice involving risk of life | ||
that is so conspicuous as to clearly distinguish the service member | ||
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the standard of extraordinary merit. The medal may be awarded only | ||
on incontestable proof of performance of the deed. To be eligible | ||
for the Texas Legislative Medal of Honor, a service member [ |
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must: | ||
(1) have been born in this state; | ||
(2) reside in this state or have been a resident of | ||
this state on the service member's [ |
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(3) have been a resident of this state when the service | ||
member [ |
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(b) A service member [ |
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Texas Legislative Medal of Honor because the service member | ||
[ |
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service, including a medal or award made by the United States. | ||
(c) To receive the Texas Legislative Medal of Honor, a | ||
service member [ |
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of the legislature by majority vote of all the members of a | ||
nominating committee consisting of: | ||
(1) the adjutant general or the adjutant general's | ||
designated representative; | ||
(2) the lieutenant governor or the lieutenant | ||
governor's designated representative; | ||
(3) the speaker of the house of representatives or the | ||
speaker's designated representative; and | ||
(4) the chair of the standing committee of each house | ||
of the legislature with primary jurisdiction over military and | ||
veterans affairs. | ||
(d) The legislature by concurrent resolution may direct the | ||
governor to award the Texas Legislative Medal of Honor to a service | ||
member [ |
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committee chairs serving on the nominating committee shall jointly | ||
prepare a concurrent resolution directing the governor to award the | ||
medal to a service member [ |
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direct the medal to be awarded only during a regular session and may | ||
not direct the medal to be awarded to more than one service member | ||
[ |
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Sec. 437.352 [ |
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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 specific acts of bravery or outstanding courage, or who | ||
performs within an exceptionally short period 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 apart from | ||
the person'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. | ||
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Sec. 437.353 [ |
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recommendation for award of the Texas Legislative Medal of Honor | ||
or[ |
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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) [ |
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the criteria established by Section 437.352 [ |
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award of the Lone Star Medal of Valor [ |
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governor the awarding of the [ |
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Sec. 437.354 [ |
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Texas Legislative Medal of Honor as directed by the legislature | ||
under Section 437.351 [ |
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Medal of Valor[ |
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adjutant general. | ||
Sec. 437.355. OTHER AWARDS. (a) The governor or adjutant | ||
general, if delegated the authority, may adopt policies and rules | ||
relating to awarding: | ||
(1) the Texas Purple Heart Medal, which shall be | ||
awarded to a service member who, after September 11, 2001: | ||
(A) was inducted into federal service from the | ||
Texas National Guard; and | ||
(B) meets the criteria for an award of the | ||
federal Purple Heart Medal; | ||
(2) the Texas Superior Service Medal, which shall be | ||
awarded to: | ||
(A) a service member of the Texas military forces | ||
who has: | ||
(i) completed 30 or more years of honorable | ||
state service or a combination of state and federal service; and | ||
(ii) continually demonstrated superior | ||
performance and service while assigned to key leadership positions | ||
demanding responsibility; or | ||
(B) a civilian who has contributed significant | ||
service to the Texas military forces; | ||
(3) the Lone Star Distinguished Service Medal, which | ||
shall be awarded to a member of the military forces of this state, | ||
another state, or the United States for exceptionally outstanding | ||
achievement or service to this state in performance of a duty of | ||
great responsibility while serving with the Texas military forces | ||
for whom the department receives a letter of recommendation for | ||
award of the Lone Star Distinguished Service Medal that: | ||
(A) gives an account of the exceptional | ||
achievement or service; and | ||
(B) includes facts and photographs, and extracts | ||
from official documents to support and amplify the facts; | ||
(4) the Texas Outstanding Service Medal, which shall | ||
be awarded to a service member of the military forces of this state, | ||
another state, or the United States who has performed service in a | ||
superior and clearly outstanding manner; | ||
(5) the Texas Humanitarian Service Medal, which shall | ||
be awarded to a service member who: | ||
(A) does not meet the criteria for an award of the | ||
federal Humanitarian Service Medal; | ||
(B) is a member of the Texas military forces; and | ||
(C) while serving on state active duty or active | ||
duty under state authority in accordance with Title 32, United | ||
States Code, participates satisfactorily in defense support to a | ||
mission under civilian authority to protect life or property during | ||
or soon after a natural disaster or civil unrest in the state; | ||
(6) the Texas Homeland Defense Service Medal, which | ||
shall be awarded to a service member of the Texas military forces | ||
who served: | ||
(A) on or after September 11, 2001; | ||
(B) on state active duty or active duty under | ||
state authority in accordance with Title 32, United States Code; | ||
and | ||
(C) satisfactorily in defense support to a | ||
mission in the state under civilian authority; | ||
(7) the Federal Service Medal, which shall be awarded | ||
to a service member who was inducted into federal service from the | ||
Texas military forces between June 15, 1940, and January 1, 1946, or | ||
after June 1, 1950, if the service was for more than 90 days; | ||
(8) the Texas Combat Service Ribbon, which shall be | ||
awarded to a service member of the Texas National Guard who served, | ||
after September 11, 2001, in a hostile fire zone as designated by | ||
the United States secretary of defense; | ||
(9) the Texas Faithful Service Medal, which shall be | ||
awarded to a member of the Texas military forces who has completed | ||
five years of honorable service during which the service member has | ||
shown fidelity to duty, efficient service, and great loyalty to | ||
this state; | ||
(10) the Texas Medal of Merit, which shall be awarded | ||
to a member of the military forces of this state, another state, or | ||
the United States who performs outstanding service or attains | ||
extraordinary achievement in behalf of the state or United States; | ||
(11) the Texas State Guard Service Medal, which shall | ||
be awarded to a service member who completes three consecutive | ||
years of honorable service in the Texas State Guard during which the | ||
service member has shown fidelity to duty, efficient service, and | ||
great loyalty to this state; | ||
(12) the Texas Desert Shield/Desert Storm Campaign | ||
Medal, which shall be awarded to a service member who was inducted | ||
into federal service from the Texas National Guard after August 1, | ||
1990, in support of Operation Desert Shield or Operation Desert | ||
Storm, without regard to the place that the service member was | ||
deployed while serving on active federal military duty; | ||
(13) the Texas Iraqi Campaign Medal, which shall be | ||
awarded to a service member who was inducted into federal service | ||
from the Texas National Guard, without regard to the place that the | ||
service member was deployed while serving on active federal | ||
military duty, after: | ||
(A) March 19, 2003, in support of Operation Iraqi | ||
Freedom; or | ||
(B) August 31, 2010, in support of Operation New | ||
Dawn; and | ||
(14) the Texas Afghanistan Campaign Medal, which shall | ||
be awarded to a service member who was inducted into federal service | ||
from the Texas National Guard after October 6, 2001, in support of | ||
Operation Enduring Freedom, without regard to the place that the | ||
service member was deployed while serving on active federal | ||
military duty. | ||
(b) A person may be awarded only one Texas Superior Service | ||
Medal. | ||
Sec. 437.356 [ |
||
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. | ||
Sec. 437.357 [ |
||
department [ |
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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 rules [ |
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instead of the medal it symbolizes. | ||
SECTION 1.03. Chapter 437, Government Code, as added by | ||
this Act, is amended by adding Subchapter I to read as follows: | ||
SUBCHAPTER I. EMERGENCY MILITIA; SPECIAL CIRCUMSTANCES | ||
Sec. 437.401. DEFINITION. In this subchapter, "emergency | ||
militia" means individuals called by the county emergency board to | ||
serve as a part of the Texas military and homeland security forces, | ||
as provided by this subchapter. | ||
Sec. 437.402. CALLING OF FORCES BY GOVERNOR. (a) The | ||
governor may call all or part of the Texas military forces to repel | ||
or suppress an invasion of or insurrection in or threatened | ||
invasion of or insurrection in this state or if the governor | ||
considers it necessary to enforce state law. If the number of Texas | ||
military forces is insufficient, the governor shall call the part | ||
of the emergency militia that the governor considers necessary. | ||
(b) The governor may call all or part of the Texas military | ||
forces to assist civil authorities in guarding prisoners, conveying | ||
prisoners within this state, or executing law as the public | ||
interest or safety requires. | ||
(c) The governor may order a commander of a unit of the Texas | ||
military forces to appear at a time and place directed to suppress | ||
or prevent tumult, riot, or the actions of a group of persons acting | ||
together by force with intent to commit a breach of the peace or | ||
violence to a person or property or to otherwise violate state law. | ||
Sec. 437.403. DUTY OF COMMANDING OFFICER. (a) On receipt | ||
of a call under this subchapter, a commanding officer immediately | ||
shall order the called forces under the officer's command to parade | ||
at the time and place appointed and shall notify the governor and | ||
adjutant general of the action. | ||
(b) After the forces have appeared at the appointed place, | ||
the commanding officer shall obey and execute the general | ||
instructions of the civil authorities charged by law with the | ||
suppression of riot or tumult or the preservation of public peace. | ||
The instructions must be in writing, except that if written | ||
instructions are impracticable the instructions must be given | ||
verbally in the presence of two or more credible witnesses. The | ||
commanding officer is solely responsible for determining the kind | ||
and extent of force to be used and the method of implementing the | ||
instructions. | ||
Sec. 437.404. MILITARY DUTY. (a) A person serving in the | ||
emergency militia is not subject to active military duty, except | ||
that the governor may call into service the portion of the emergency | ||
militia needed for the period required in case of war, | ||
insurrection, or invasion, prevention of invasion, suppression of | ||
riot, tumult, or breach of peace, or to aid civil officers to | ||
execute law or serve process. | ||
(b) The governor may assign members of the emergency militia | ||
who are called into service to existing organizations of the Texas | ||
military forces or organize them as circumstances require. | ||
Sec. 437.405. COUNTY EMERGENCY BOARD. The county emergency | ||
board of each county consists of the county judge, sheriff, and tax | ||
assessor-collector. If one of those officers is unable to act, the | ||
governor shall designate another public official to serve on the | ||
board. | ||
Sec. 437.406. DRAFT. (a) The governor, by order to the | ||
county emergency board, shall apportion the number of members of | ||
the emergency militia called into service among the counties by | ||
draft according to each county's population or by other means the | ||
governor directs. The county emergency board shall establish fair | ||
and equitable procedures for selection of persons to fill the draft | ||
according to rules adopted by the governor. On completion of the | ||
selection, the board shall deliver a list of the persons selected to | ||
the governor and adjutant general and notify each person selected | ||
of the time and place to appear and report. | ||
(b) A member of the emergency militia while in active | ||
service is a member of the Texas military forces and is subject to | ||
the punitive provisions of Chapter 432. A member who does not | ||
appear at the time and place designated by the county emergency | ||
board shall be punished as a court-martial directs. | ||
Sec. 437.407. PERSONS SUBJECT TO DRAFT. (a) A person is | ||
subject to draft if the person is: | ||
(1) able-bodied; | ||
(2) a citizen or a person of foreign birth who has | ||
declared an intent to become a citizen; | ||
(3) a resident of the state; | ||
(4) at least 17 and not more than 42 years of age; and | ||
(5) not exempt under Subsection (b) or (c) or United | ||
States law. | ||
(b) A person is exempt from the draft if the person is: | ||
(1) the lieutenant governor; | ||
(2) a member or officer of the legislature; | ||
(3) a judge or clerk of a court of record; | ||
(4) a head of a state agency; | ||
(5) a sheriff, district attorney, county attorney, | ||
county tax assessor-collector, or county commissioner; | ||
(6) a mayor, council member, alderman, or assessor and | ||
collector of a municipality; | ||
(7) an officer or employee of the Texas Department of | ||
Criminal Justice, a state hospital or special school, a public or | ||
private hospital, or a nursing home; | ||
(8) a member of a regularly organized and paid fire or | ||
police department in a municipality, except that a person is not | ||
relieved of military duty by joining such a department; | ||
(9) a minister of the gospel exclusively engaged in | ||
that calling; or | ||
(10) a person who conscientiously scruples against | ||
bearing arms. | ||
(c) A person is exempt from the draft if the person is a | ||
person with a medical or mental disability in accordance with | ||
United States Department of Defense enlistment standards. | ||
(d) A minor may not be drafted without the written consent | ||
of the minor's parents or guardian. | ||
(e) A service member expelled or dishonorably discharged | ||
from state or United States military service is not eligible for | ||
enlistment or reenlistment in the Texas military forces unless the | ||
discharge has been upgraded by the appropriate authority. | ||
Sec. 437.408. CRIMINAL PENALTY. (a) A member of a county | ||
emergency board commits an offense if the member neglects or | ||
refuses to perform a duty required by this subchapter. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
SECTION 1.04. Subchapter K, Chapter 431, Government Code, | ||
is transferred to Chapter 437, Government Code, as added by this | ||
Act, redesignated as Subchapter J, Chapter 437, Government Code, | ||
and amended to read as follows: | ||
SUBCHAPTER J [ |
||
Sec. 437.451 [ |
||
(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. | ||
Sec. 437.452 [ |
||
CONTENT; SERVICE. (a) A person claiming to be aggrieved by an | ||
unlawful employment practice under Section 437.204 [ |
||
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 [ |
||
(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 [ |
||
the original complaint relates back to the date the complaint was | ||
first received by the commission. | ||
Sec. 437.453 [ |
||
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 [ |
||
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. | ||
Sec. 437.454 [ |
||
commission shall investigate a complaint arising under Section | ||
437.204 [ |
||
believe that the respondent engaged in an unlawful employment | ||
practice as alleged in the complaint. | ||
Sec. 437.455 [ |
||
DISMISSAL OF COMPLAINT. (a) If, after investigation, the | ||
commission determines that reasonable cause does not exist to | ||
believe that the respondent engaged in an unlawful employment | ||
practice under Section 437.204 [ |
||
the commission shall issue a written determination incorporating | ||
the finding that the evidence does not support the complaint and | ||
dismissing the complaint. | ||
(b) The commission shall serve a copy of the determination | ||
on the complainant, the respondent, and other agencies as required | ||
by law. | ||
Sec. 437.456 [ |
||
REVIEW BY PANEL. If, after investigation, the commission | ||
determines that there is reasonable cause to believe that the | ||
respondent engaged in an unlawful employment practice under Section | ||
437.204 [ |
||
(1) issue a written determination incorporating the | ||
finding that the evidence supports the complaint; and | ||
(2) serve a copy of the determination on the | ||
complainant, the respondent, and other agencies as required by law. | ||
Sec. 437.457 [ |
||
(a) If a determination of reasonable cause is made, the commission | ||
shall endeavor to eliminate the alleged unlawful employment | ||
practice arising under Section 437.204 [ |
||
methods of conference, conciliation, and persuasion. | ||
(b) Without the written consent of the complainant and | ||
respondent, the commission, its executive director, or its other | ||
officers or employees may not disclose to the public information | ||
about the efforts in a particular case to resolve an alleged | ||
unlawful employment practice by conference, conciliation, or | ||
persuasion, regardless of whether there is a determination of | ||
reasonable cause. | ||
Sec. 437.458 [ |
||
COMPLAINT. If the commission dismisses a complaint or does not | ||
resolve the complaint, the commission shall inform the complainant | ||
of the dismissal or failure to resolve the complaint in writing by | ||
certified mail. | ||
Sec. 437.459 [ |
||
If the commission concludes from a preliminary investigation of an | ||
unlawful employment practice arising under Section 437.204 | ||
[ |
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necessary, the commission shall file a petition seeking appropriate | ||
temporary relief against the respondent pending final | ||
determination of a proceeding under this subchapter. | ||
(b) The petition shall be filed in a district court in a | ||
county in which: | ||
(1) the alleged unlawful employment practice that is | ||
the subject of the complaint occurred; or | ||
(2) the respondent resides. | ||
(c) A court may not issue temporary injunctive relief unless | ||
the commission shows: | ||
(1) a substantial likelihood of success on the merits; | ||
and | ||
(2) irreparable harm to the complainant in the absence | ||
of the preliminary relief pending final determination on the | ||
merits. | ||
Sec. 437.460 [ |
||
The commission may bring a civil action against a respondent if: | ||
(1) the commission determines that there is reasonable | ||
cause to believe that the respondent engaged in an unlawful | ||
employment practice under Section 437.204 [ |
||
(2) the commission's efforts to resolve the | ||
discriminatory practice to the satisfaction of the complainant and | ||
respondent through informal methods have been unsuccessful. | ||
(b) The complainant may intervene in a civil action brought | ||
by the commission. | ||
Sec. 437.461 [ |
||
FILE CIVIL ACTION. (a) A complainant who receives notice under | ||
Section 437.458 [ |
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resolved is entitled to request from the commission a written | ||
notice of the complainant's right to file a civil action. | ||
(b) The complainant must request the notice in writing. | ||
(c) The executive director of the commission may issue the | ||
notice. | ||
(d) Failure of the executive director of the commission to | ||
issue the notice of a complainant's right to file a civil action | ||
does not affect the complainant's right under this subchapter to | ||
bring a civil action against the respondent. | ||
Sec. 437.462 [ |
||
Within 60 days after the date a notice of the right to file a civil | ||
action is received, the complainant may bring a civil action | ||
against the respondent. | ||
Sec. 437.463 [ |
||
ACTION BY COMPLAINANT. After receipt of a timely application, a | ||
court may permit the commission to intervene in a civil action filed | ||
under Section 437.462 [ |
||
(1) the commission certifies that the case is of | ||
general public importance; and | ||
(2) before commencement of the action, the commission | ||
issued a determination of reasonable cause to believe that Section | ||
437.204 [ |
||
Sec. 437.464 [ |
||
court shall set an action brought under this subchapter for hearing | ||
at the earliest practicable date to expedite the action. | ||
Sec. 437.465 [ |
||
On finding that a respondent engaged in an unlawful employment | ||
practice under Section 437.204 [ |
||
a court may: | ||
(1) prohibit by injunction the respondent from | ||
engaging in an unlawful employment practice under Section 437.204 | ||
[ |
||
(2) order additional equitable relief as may be | ||
appropriate. | ||
(b) Additional equitable relief may include: | ||
(1) hiring or reinstating with or without back pay; | ||
(2) upgrading an employee with or without pay; and | ||
(3) paying court costs. | ||
(c) Liability under a back pay award may not accrue for a | ||
date more than two years before the date a complaint is filed with | ||
the commission. Interim earnings, workers' compensation benefits, | ||
and unemployment compensation benefits received operate to reduce | ||
the back pay otherwise allowable. | ||
Sec. 437.466 [ |
||
(a) On finding that a respondent engaged in an intentional unlawful | ||
employment practice under Section 437.204 [ |
||
complaint, a court may, as provided by this section, award: | ||
(1) compensatory damages; and | ||
(2) punitive damages. | ||
(b) A complainant may recover punitive damages against a | ||
respondent, other than a respondent that is a governmental entity, | ||
if the complainant demonstrates that the respondent engaged in an | ||
unlawful employment practice under Section 437.204 [ |
||
malice or with reckless indifference to the state-protected rights | ||
of an aggrieved individual. | ||
(c) Compensatory damages awarded under this section may not | ||
include: | ||
(1) back pay; | ||
(2) interest on back pay; or | ||
(3) other relief authorized under Section 437.465(b) | ||
[ |
||
(d) The sum of the amount of compensatory damages awarded | ||
under this section for future pecuniary losses, emotional pain, | ||
suffering, inconvenience, mental anguish, loss of enjoyment of | ||
life, and other nonpecuniary losses and the amount of punitive | ||
damages awarded under this section may not exceed, for each | ||
complainant: | ||
(1) $50,000 in the case of a respondent that has fewer | ||
than 101 employees; | ||
(2) $100,000 in the case of a respondent that has more | ||
than 100 and fewer than 201 employees; | ||
(3) $200,000 in the case of a respondent that has more | ||
than 200 and fewer than 501 employees; and | ||
(4) $300,000 in the case of a respondent that has more | ||
than 500 employees. | ||
(e) For the purposes of Subsection (d), in determining the | ||
number of employees of a respondent, the requisite number of | ||
employees must be employed by the respondent for each of 20 or more | ||
calendar weeks in the current or preceding calendar year. | ||
Sec. 437.467 [ |
||
proceeding under this subchapter, a court may allow the prevailing | ||
party, other than the commission, a reasonable attorney's fee as | ||
part of the costs. | ||
(b) The state, a state agency, or a political subdivision is | ||
liable for costs, including attorney's fees, to the same extent as a | ||
private person. | ||
(c) In awarding costs and attorney's fees in an action or a | ||
proceeding under this subchapter, the court, in its discretion, may | ||
include reasonable expert fees. | ||
Sec. 437.468 [ |
||
employer fails to comply with a court order issued under this | ||
subchapter, a party to the action or the commission, on the written | ||
request of a person aggrieved by the failure, may commence | ||
proceedings to compel compliance with the order. | ||
Sec. 437.469 [ |
||
proceeding under this subchapter is by trial de novo. | ||
(b) A commission finding, recommendation, determination, or | ||
other action is not binding on a court. | ||
ARTICLE 2. TEXAS MILITARY DEPARTMENT CONFORMING CHANGES | ||
SECTION 2.01. Section 7.111(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board shall provide for the administration of high | ||
school equivalency examinations, including administration by the | ||
Texas Military Department [ |
||
students described by Subdivision (2)(C). A person who does not | ||
have a high school diploma may take the examination in accordance | ||
with rules adopted by the board if the person is: | ||
(1) over 17 years of age; | ||
(2) 16 years of age or older and: | ||
(A) is enrolled in a Job Corps training program | ||
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 | ||
et seq.), and its subsequent amendments; | ||
(B) a public agency providing supervision of the | ||
person or having custody of the person under a court order | ||
recommends that the person take the examination; or | ||
(C) is enrolled in the Texas Military | ||
Department's [ |
||
Corps; or | ||
(3) required to take the examination under a justice | ||
or municipal court order issued under Article 45.054(a)(1)(C), Code | ||
of Criminal Procedure. | ||
SECTION 2.02. Section 411.121(b), Government Code, is | ||
amended to read as follows: | ||
(b) The adjutant general is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department that relates to a person who is: | ||
(1) a member of the state military forces; | ||
(2) an employee of the Texas Military Department | ||
[ |
||
(3) an applicant for enlistment in the state military | ||
forces; or | ||
(4) an applicant for employment with the Texas | ||
Military Department [ |
||
SECTION 2.03. Section 421.021(a), Government Code, is | ||
amended to read as follows: | ||
(a) The Homeland Security Council is composed of the | ||
governor or the governor's designee, the speaker of the house of | ||
representatives or the speaker's designee, the lieutenant governor | ||
or the lieutenant governor's designee, and one representative of | ||
each of the following entities, appointed by the single statewide | ||
elected or appointed governing officer, administrative head, or | ||
chair, as appropriate, of the entity: | ||
(1) Department of Agriculture; | ||
(2) office of the attorney general; | ||
(3) General Land Office; | ||
(4) Public Utility Commission of Texas; | ||
(5) Department of State Health Services; | ||
(6) Department of Information Resources; | ||
(7) Department of Public Safety of the State of Texas; | ||
(8) Texas Division of Emergency Management; | ||
(9) Texas Military Department [ |
||
|
||
(10) Texas Commission on Environmental Quality; | ||
(11) Railroad Commission of Texas; | ||
(12) Texas [ |
||
[ |
||
(13) Texas Department of Transportation; | ||
(14) Commission on State Emergency Communications; | ||
(15) Office of State-Federal Relations; | ||
(16) secretary of state; | ||
(17) Senate Committee on Transportation and Homeland | ||
Security; | ||
(18) House Committee on Defense and Veterans' Affairs; | ||
(19) Texas Animal Health Commission; | ||
(20) Texas Association of Regional Councils; | ||
(21) Texas Commission on Law Enforcement Officer | ||
Standards and Education; | ||
(22) state fire marshal's office; | ||
(23) Texas Education Agency; | ||
(24) Texas Commission on Fire Protection; | ||
(25) Parks and Wildlife Department; | ||
(26) Texas Forest Service; and | ||
(27) Texas Water Development Board. | ||
SECTION 2.04. Section 432.072(a), Government Code, is | ||
amended to read as follows: | ||
(a) A person not subject to this chapter commits an offense | ||
if the person: | ||
(1) has been duly subpoenaed to appear as a witness or | ||
to produce books and records before a military court or before a | ||
military or civil officer or peace officer designated to take a | ||
deposition to be read in evidence before a court; | ||
(2) has been duly paid or tendered by the Texas | ||
Military Department [ |
||
mileage of a witness at the rates allowed to witnesses under Section | ||
432.192; and | ||
(3) wilfully neglects or refuses to appear, qualify as | ||
a witness, testify, or produce evidence that the person may have | ||
been legally subpoenaed to produce. | ||
SECTION 2.05. Section 432.109(a), Government Code, is | ||
amended to read as follows: | ||
(a) The Texas Court of Military Appeals, located for | ||
administrative purposes only in the Texas Military Department | ||
[ |
||
by the adjutant general on the advice and recommendation of the | ||
state judge advocate general for staggered six-year terms. A judge | ||
appointed to fill a vacancy occurring before the expiration of the | ||
term for which the judge's predecessor was appointed shall be | ||
appointed only for the unexpired term of his predecessor. The | ||
adjutant general, on the advice and recommendation of the state | ||
judge advocate general, shall appoint the chief judge of the court. | ||
A person is eligible for appointment to the court if the person: | ||
(1) is a member of the State Bar of Texas; | ||
(2) is a commissioned officer of the state military | ||
forces, active or retired, or a retired commissioned officer in the | ||
reserves of the armed forces of the United States; and | ||
(3) has been engaged in the active practice of law for | ||
at least five years and has at least five years' experience as a | ||
staff judge advocate, judge advocate, or legal officer with the | ||
state military forces, except that the requirements of this | ||
subdivision are satisfied by equivalent experience or practice in | ||
the armed forces of the United States. | ||
SECTION 2.06. Section 432.192(b), Government Code, is | ||
amended to read as follows: | ||
(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 Department | ||
[ |
||
SECTION 2.07. Section 432.194, Government Code, is amended | ||
to read as follows: | ||
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 Department | ||
[ |
||
SECTION 2.08. Section 434.153, Government Code, is amended | ||
to read as follows: | ||
Sec. 434.153. COMPOSITION OF COUNCIL. The council is | ||
composed of the executive head of the following agencies, or that | ||
person's designated representative: | ||
(1) the Texas Veterans Commission; | ||
(2) the Veterans' Land Board; | ||
(3) the Texas Military Department [ |
||
|
||
(4) the Health and Human Services Commission; and | ||
(5) the State Bar of Texas. | ||
SECTION 2.09. Section 1232.101(a), Government Code, is | ||
amended to read as follows: | ||
(a) With respect to all bonds authorized to be issued by or | ||
on behalf of the Texas Military Department [ |
||
|
||
Finance Authority, Texas Low-Level Radioactive Waste Disposal | ||
Authority, Midwestern State University, and Texas Southern | ||
University, the authority has the exclusive authority to act on | ||
behalf of those entities in issuing bonds on their behalf. In | ||
connection with those issuances and with the issuance of refunding | ||
bonds on behalf of those entities, the authority is subject to all | ||
rights, duties, and conditions surrounding issuance previously | ||
applicable to the issuing entity under the statute authorizing the | ||
issuance. A reference in an authorizing statute to the entity on | ||
whose behalf the bonds are being issued applies equally to the | ||
authority in its capacity as issuer on behalf of the entity. | ||
SECTION 2.10. Section 161.552(d), Health and Safety Code, | ||
is amended to read as follows: | ||
(d) The department and commission shall develop and | ||
maintain the directory in collaboration with local, state, and | ||
national private and government organizations, including: | ||
(1) the United States Veterans Health Administration; | ||
(2) the United States Department of Defense; | ||
(3) the Texas Military Department [ |
||
|
||
(4) the Texas Veterans Commission; and | ||
(5) other public and private national and | ||
community-based organizations that provide support to | ||
servicemembers and their families. | ||
SECTION 2.11. Section 461.017(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) The Drug Demand Reduction Advisory Committee is | ||
composed of the following members: | ||
(1) five representatives of the public from different | ||
geographic regions of the state who have knowledge and expertise in | ||
issues relating to reducing drug demand and who are appointed by the | ||
commissioner of state health services [ |
||
|
||
(2) one representative of each of the following | ||
agencies or offices who is appointed by the executive director or | ||
commissioner of the agency or office and who is directly involved in | ||
the agency's or office's policies, programs, or funding activities | ||
relating to reducing drug demand: | ||
(A) the criminal justice division of the | ||
governor's office; | ||
(B) the Criminal Justice Policy Council; | ||
(C) the Department of Family and Protective | ||
Services; | ||
(D) the Department of Public Safety of the State | ||
of Texas; | ||
(E) the Health and Human Services Commission; | ||
(F) the Texas Alcoholic Beverage Commission; | ||
(G) the Department of State Health Services; | ||
(H) the Texas Council on Offenders with Mental | ||
Impairments; | ||
(I) the Texas Department of Criminal Justice; | ||
(J) the Health and Human Services Commission; | ||
(K) the Department of Aging and Disability | ||
Services; | ||
(L) the Texas Education Agency; | ||
(M) the Texas Juvenile Justice Department | ||
[ |
||
[ |
||
(N) [ |
||
Rehabilitative Services; | ||
(O) [ |
||
(P) [ |
||
Vehicles; | ||
(Q) [ |
||
and | ||
(R) [ |
||
[ |
||
SECTION 2.12. Section 31.156(e), Natural Resources Code, is | ||
amended to read as follows: | ||
(e) In any year that the division will evaluate real | ||
property under the management and control of the Texas Military | ||
Department [ |
||
notify the department before the division begins the evaluation. | ||
SECTION 2.13. Section 31.157(d), Natural Resources Code, is | ||
amended to read as follows: | ||
(d) If under the Texas Military Department's [ |
||
|
||
[ |
||
determines that real property under the management and control of | ||
the [ |
||
the commissioner may not recommend a real estate transaction | ||
involving that real property in the final report submitted as | ||
provided by Subsection (e). | ||
SECTION 2.14. Sections 74.404(b), (c), and (d), Property | ||
Code, are amended to read as follows: | ||
(b) A military award or decoration delivered to the | ||
comptroller under this chapter: | ||
(1) may not be sold under Section 74.401 or destroyed; | ||
and | ||
(2) shall be delivered by the comptroller to the Texas | ||
Military Department [ |
||
(c) The Texas Military Department [ |
||
|
||
locate the person to whom the military award or decoration was | ||
awarded. If the department cannot locate the person, the | ||
department shall attempt to locate the person's next of kin. If the | ||
department locates the person or the person's next of kin, the | ||
department shall deliver the award or decoration to the person or | ||
the person's next of kin, as applicable. | ||
(d) If the Texas Military Department [ |
||
|
||
decoration was awarded or the person's next of kin, the award or | ||
decoration shall be held in trust for the comptroller at: | ||
(1) a museum established by the department; or | ||
(2) if no museum exists, any other public facility | ||
designated by the department. | ||
ARTICLE 3. CONFORMING AMENDMENTS | ||
SECTION 3.01. Section 721.002(a), Business & Commerce Code, | ||
is amended to read as follows: | ||
(a) A person commits an offense if the person uses, in an | ||
advertisement for a commercial purpose, the name of an individual | ||
who is an active duty or former member of the United States armed | ||
forces, who is a member or former member of a reserve component of | ||
the United States armed forces, or who is a member or former member | ||
of the state military forces, as defined by Section 437.001 | ||
[ |
||
uniform in which the individual is clearly identifiable, without | ||
obtaining the consent of: | ||
(1) the individual, if the individual is living; or | ||
(2) the individual's surviving spouse or personal | ||
representative or a majority of the individual's adult heirs, if | ||
the individual is deceased. | ||
SECTION 3.02. Section 54.345(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each semester, the adjutant general of the state | ||
military forces shall certify to institutions of higher education | ||
as described by Section 437.226 [ |
||
information identifying the persons to whom the adjutant general | ||
has awarded assistance for tuition and mandatory fees under that | ||
section. | ||
SECTION 3.03. Section 411.121(a), Government Code, is | ||
amended to read as follows: | ||
(a) In this section: | ||
(1) "Adjutant general" has the meaning assigned by | ||
Section 437.001 [ |
||
(2) "State military forces" has the meaning assigned | ||
by Section 437.001 [ |
||
SECTION 3.04. Section 411.1881(a), Government Code, is | ||
amended to read as follows: | ||
(a) Notwithstanding any other provision of this subchapter, | ||
a person may not be required to complete the range instruction | ||
portion of a handgun proficiency course to obtain or renew a | ||
concealed handgun license issued under this subchapter if the | ||
person: | ||
(1) is currently serving in or is honorably discharged | ||
from: | ||
(A) the army, navy, air force, coast guard, or | ||
marine corps of the United States or an auxiliary service or reserve | ||
unit of one of those branches of the armed forces; or | ||
(B) the state military forces, as defined by | ||
Section 437.001 [ |
||
(2) has, within the five years preceding the date of | ||
the person's application for an original or renewed license, as | ||
applicable, completed a course of training in handgun proficiency | ||
or familiarization as part of the person's service with the armed | ||
forces or state military forces. | ||
SECTION 3.05. Section 411.1951(a), Government Code, is | ||
amended to read as follows: | ||
(a) In this section, "veteran" means a person who: | ||
(1) has served in: | ||
(A) the army, navy, air force, coast guard, or | ||
marine corps of the United States; | ||
(B) the state military forces as defined by | ||
Section 437.001 [ |
||
(C) an auxiliary service of one of those branches | ||
of the armed forces; and | ||
(2) has been honorably discharged from the branch of | ||
the service in which the person served. | ||
SECTION 3.06. Section 418.006, Government Code, is amended | ||
to read as follows: | ||
Sec. 418.006. CIVIL LIABILITY. An officer or employee of a | ||
state or local agency, or a volunteer acting at the direction of an | ||
officer or employee of a state or local agency, is considered for | ||
purposes of Section 437.222 [ |
||
military forces ordered into active service of the state by proper | ||
authority and is considered to be discharging a duty in that | ||
capacity if the person is performing an activity related to | ||
sheltering or housing individuals in connection with the evacuation | ||
of an area stricken or threatened by disaster. | ||
SECTION 3.07. Sections 421.061(a), (b), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) An officer or employee of a state or local agency | ||
performing a homeland security activity or a volunteer performing a | ||
homeland security activity at the request or under the direction of | ||
an officer or employee of a state or local agency is considered for | ||
purposes of Section 437.222 [ |
||
military forces ordered into active service of the state by proper | ||
authority and is considered to be discharging a duty in that | ||
capacity if: | ||
(1) the officer, employee, or volunteer is performing | ||
the homeland security activity under procedures prescribed or | ||
circumstances described for the purpose of this section in the | ||
governor's homeland security strategy; | ||
(2) in the case of a volunteer, the volunteer is acting | ||
within the course and scope of the request or direction of the | ||
officer or employee of the state or local agency; and | ||
(3) in the case of an officer or employee of a state or | ||
local agency, the officer or employee is acting within the course | ||
and scope of the person's authority. | ||
(b) A person described by Subsection (a) is not immune from | ||
civil liability under Section 437.222 [ |
||
resulting from the performance of a homeland security activity if, | ||
under the circumstances, the person's performance of the homeland | ||
security activity was wilfully or wantonly negligent or done with | ||
conscious indifference or reckless disregard for the safety of | ||
persons this chapter is intended to protect. | ||
(d) This section does not affect the application of Section | ||
437.222 [ |
||
state military forces ordered into active service of the state by | ||
proper authority under other law. | ||
SECTION 3.08. Section 661.903, Government Code, is amended | ||
to read as follows: | ||
Sec. 661.903. NATIONAL GUARD EMERGENCY. A state employee | ||
who is called to state active duty as a member of the state military | ||
forces by the governor because of an emergency is entitled to a | ||
leave of absence without a deduction in salary in accordance with | ||
Section 437.254 [ |
||
federal active duty as a member of the state military forces may not | ||
receive the employee's state salary except as provided by Sections | ||
661.904(d) and (f) and 661.9041. | ||
SECTION 3.09. Section 1232.1025(b), Government Code, is | ||
amended to read as follows: | ||
(b) After receiving a request under Section 437.153 | ||
[ |
||
bonds in the name of the authority to provide the requested | ||
financing. | ||
SECTION 3.10. Section 2308.251(2), Government Code, is | ||
amended to read as follows: | ||
(2) "Veteran" means a person who: | ||
(A) has served in: | ||
(i) the army, navy, air force, coast guard, | ||
or marine corps of the United States or the United States Public | ||
Health Service under 42 U.S.C. Section 201 et seq., as amended; | ||
(ii) the state military forces as defined | ||
by Section 437.001 [ |
||
(iii) an auxiliary service of one of those | ||
branches of the armed forces; and | ||
(B) has been honorably discharged from the branch | ||
of the service in which the person served. | ||
SECTION 3.11. Section 161.551(3), Health and Safety Code, | ||
is amended to read as follows: | ||
(3) "Servicemember" means a resident of this state who | ||
is a member or former member of the state military forces or a | ||
component of the United States armed forces, including a reserve | ||
component. In this section, "state military forces" has the | ||
meaning assigned by Section 437.001 [ |
||
SECTION 3.12. Sections 775.039(d) and (e), Health and | ||
Safety Code, are amended to read as follows: | ||
(d) The differential pay provided by Subsection (a) begins | ||
when the benefits allowed under Section 437.202 [ |
||
Government Code, are exhausted and continues until the employee's | ||
active military duty terminates. | ||
(e) The board may extend the insurance benefits provided by | ||
the district to a district employee who is a member of the state | ||
military forces or a reserve component of the United States armed | ||
forces who is called to active duty and to the employee's | ||
dependents. The extension period begins when the benefits allowed | ||
under Section 437.202 [ |
||
continues until the employee's active military duty terminates. | ||
SECTION 3.13. Section 1001.076(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) In this section, "veteran" means a person who: | ||
(1) has served in: | ||
(A) the army, navy, air force, coast guard, or | ||
marine corps of the United States; | ||
(B) the state military forces as defined by | ||
Section 437.001 [ |
||
(C) an auxiliary service of one of those branches | ||
of the armed forces; and | ||
(2) has been honorably discharged from the branch of | ||
the service in which the person served. | ||
SECTION 3.14. Section 408.0445(a), Labor Code, is amended | ||
to read as follows: | ||
(a) For purposes of computing income benefits or death | ||
benefits under Section 437.227 [ |
||
average weekly wage of a member of the state military forces as | ||
defined by Section 437.001 [ |
||
engaged in authorized training or duty is an amount equal to the sum | ||
of the member's regular weekly wage at any employment the member | ||
holds in addition to serving as a member of the state military | ||
forces, disregarding any period during which the member is not | ||
fully compensated for that employment because the member is engaged | ||
in authorized military training or duty, and the member's regular | ||
weekly wage as a member of the state military forces, except that | ||
the amount may not exceed 100 percent of the state average weekly | ||
wage as determined under Section 408.047. | ||
SECTION 3.15. Section 501.001(5), Labor Code, is amended to | ||
read as follows: | ||
(5) "Employee" means a person who is: | ||
(A) in the service of the state pursuant to an | ||
election, appointment, or express oral or written contract of hire; | ||
(B) paid from state funds but whose duties | ||
require that the person work and frequently receive supervision in | ||
a political subdivision of the state; | ||
(C) a peace officer employed by a political | ||
subdivision, while the peace officer is exercising authority | ||
granted under: | ||
(i) Article 2.12, Code of Criminal | ||
Procedure; or | ||
(ii) Articles 14.03(d) and (g), Code of | ||
Criminal Procedure; | ||
(D) a member of the state military forces, as | ||
defined by Section 437.001 [ |
||
engaged in authorized training or duty; or | ||
(E) a Texas Task Force 1 member, as defined by | ||
Section 88.301, Education Code, who is activated by the Texas | ||
Division of Emergency Management or is injured during training | ||
sponsored or sanctioned by Texas Task Force 1. | ||
SECTION 3.16. Section 392.067(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) In this section, "veteran" means a person who has served | ||
on active duty in the armed forces of the United States or in the | ||
state military forces as defined by Section 437.001 [ |
||
Government Code. | ||
SECTION 3.17. Section 1804.001(1), Occupations Code, is | ||
amended to read as follows: | ||
(1) "Veteran" means a person who has served on active | ||
duty in the armed forces of the United States or in the state | ||
military forces as defined by Section 437.001 [ |
||
Code. | ||
SECTION 3.18. Section 31.121(a)(2), Parks and Wildlife | ||
Code, is amended to read as follows: | ||
(2) "State military forces" has the meaning assigned | ||
by Section 437.001 [ |
||
SECTION 3.19. Section 32.54(a)(2), Penal Code, is amended | ||
to read as follows: | ||
(2) "State military forces" has the meaning assigned | ||
by Section 437.001 [ |
||
SECTION 3.20. Sections 46.15(b), (d), and (f), Penal Code, | ||
are amended to read as follows: | ||
(b) Section 46.02 does not apply to a person who: | ||
(1) is in the actual discharge of official duties as a | ||
member of the armed forces or state military forces as defined by | ||
Section 437.001 [ |
||
by a penal institution; | ||
(2) is traveling; | ||
(3) is engaging in lawful hunting, fishing, or other | ||
sporting activity on the immediate premises where the activity is | ||
conducted, or is en route between the premises and the actor's | ||
residence, motor vehicle, or watercraft, if the weapon is a type | ||
commonly used in the activity; | ||
(4) holds a security officer commission issued by the | ||
Texas Private Security Board, if the person is engaged in the | ||
performance of the person's duties as an officer commissioned under | ||
Chapter 1702, Occupations Code, or is traveling to or from the | ||
person's place of assignment and is wearing the officer's uniform | ||
and carrying the officer's weapon in plain view; | ||
(5) acts as a personal protection officer and carries | ||
the person's security officer commission and personal protection | ||
officer authorization, if the person: | ||
(A) is engaged in the performance of the person's | ||
duties as a personal protection officer under Chapter 1702, | ||
Occupations Code, or is traveling to or from the person's place of | ||
assignment; and | ||
(B) is either: | ||
(i) wearing the uniform of a security | ||
officer, including any uniform or apparel described by Section | ||
1702.323(d), Occupations Code, and carrying the officer's weapon in | ||
plain view; or | ||
(ii) not wearing the uniform of a security | ||
officer and carrying the officer's weapon in a concealed manner; | ||
(6) is carrying a concealed handgun and a valid | ||
license issued under Subchapter H, Chapter 411, Government Code, to | ||
carry a concealed handgun of the same category as the handgun the | ||
person is carrying; | ||
(7) holds an alcoholic beverage permit or license or | ||
is an employee of a holder of an alcoholic beverage permit or | ||
license if the person is supervising the operation of the permitted | ||
or licensed premises; or | ||
(8) is a student in a law enforcement class engaging in | ||
an activity required as part of the class, if the weapon is a type | ||
commonly used in the activity and the person is: | ||
(A) on the immediate premises where the activity | ||
is conducted; or | ||
(B) en route between those premises and the | ||
person's residence and is carrying the weapon unloaded. | ||
(d) The provisions of Section 46.02 prohibiting the | ||
carrying of a firearm or carrying of a club do not apply to a public | ||
security officer employed by the adjutant general under Section | ||
437.053 [ |
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duties or while traveling to or from a place of duty. | ||
(f) Section 46.03(a)(6) does not apply to a person who | ||
possesses a firearm or club while in the actual discharge of | ||
official duties as: | ||
(1) a member of the armed forces or state military | ||
forces, as defined by Section 437.001 [ |
||
or | ||
(2) an employee of a penal institution. | ||
SECTION 3.21. Section 151.344, Tax Code, is amended to read | ||
as follows: | ||
Sec. 151.344. POST EXCHANGES ON STATE MILITARY PROPERTY. | ||
(a) A taxable item sold, leased, or rented to, or stored, used, or | ||
consumed by, a post exchange under Section 437.110 [ |
||
Government Code, is exempt from the taxes imposed by this chapter. | ||
(b) A taxable item sold, leased, or rented by a post | ||
exchange under Section 437.110 [ |
||
exempt from the taxes imposed by this chapter. | ||
SECTION 3.22. Section 521.1235(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) In this section, "veteran" means a person who: | ||
(1) has served in: | ||
(A) the army, navy, air force, coast guard, or | ||
marine corps of the United States; or | ||
(B) the Texas National Guard as defined by | ||
Section 437.001 [ |
||
(2) has been honorably discharged from the branch of | ||
the service in which the person served. | ||
SECTION 3.23. Section 36.354(g), Utilities Code, is amended | ||
to read as follows: | ||
(g) For the purposes of this section, the term "military | ||
base" does not include a military base: | ||
(1) that has been closed or realigned under the | ||
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section | ||
2687) and its subsequent amendments; | ||
(2) that is administered by an authority established | ||
by a municipality under Chapter 379B [ |
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[ |
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(3) that is operated by or for the benefit of the Texas | ||
National Guard, as defined by Section 437.001 [ |
||
Code, unless the base is served by a municipally owned utility owned | ||
by a city with a population of 650,000 or more; or | ||
(4) for which a municipally owned utility has acquired | ||
the electric distribution system under 10 U.S.C. Section 2688. | ||
ARTICLE 4. REPEALER AND EFFECTIVE DATE | ||
SECTION 4.01. Subchapters A, B, C, D, E, F, G, H, and I, | ||
Chapter 431, Government Code, are repealed. | ||
SECTION 4.02. This Act takes effect September 1, 2013. |