Bill Text: TX HB4075 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the Texas reserve militia.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-04-07 - Left pending in committee [HB4075 Detail]

Download: Texas-2021-HB4075-Introduced.html
  87R9809 JCG-F
 
  By: White H.B. No. 4075
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Texas reserve militia.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 431.001(1), Government Code, is amended
  to read as follows:
               (1)  "Reserve militia" means the persons liable to
  serve under Section 431.073 or who otherwise are willing to serve,
  but who are not serving, in the state military forces.
         SECTION 2.  Section 431.071, Government Code, is amended to
  read as follows:
         Sec. 431.071.  GOVERNOR'S COMMAND; MILITARY DUTY. (a) The
  governor shall have sole and direct command over the reserve
  militia.
         (b)  Except as provided by Subsection (d), the [The reserve
  militia is not subject to active military duty, except that the]
  governor may call into the service of the state for a period not to
  exceed 90 days all or any [the] portion of the reserve militia
  [needed for the period required] in case of natural disaster, war,
  insurrection, invasion [or prevention of invasion], [suppression
  of] riot, tumult, or breach of peace or to aid civil officers to
  execute law or serve process.
         (c) [(b)]  The governor may assign members of the reserve
  militia who are called into service to existing organizations of
  the state military forces or organize them as circumstances
  require.
         (d)  The legislature may by law terminate the period of
  service established by the governor under Subsection (b). The
  governor may request the legislature to authorize an extension of
  the 90-day period of service under Subsection (b) for a specified
  time. An extension may be granted only by unanimous vote of each
  house of the legislature.
         SECTION 3.  Subchapter E, Chapter 431, Government Code, is
  amended by adding Section 431.0715 to read as follows:
         Sec. 431.0715.  MILITIA MEMBER OATH AND AUTHORITY. (a) On
  being called into service by the governor under Section 431.071,
  each member of the reserve militia must willingly swear or affirm an
  oath administered by this state to uphold the constitutions of the
  United States of America and this state.
         (b)  The governor may grant law enforcement or military
  authority only to reserve militia members:
               (1)  whom the governor has called into service; and
               (2)  who have taken the oath required by Subsection
  (a).
         (c)  A reserve militia member may exercise only the law
  enforcement or military authority granted to the member by the
  governor.
         (d)  Any law enforcement or military authority granted to a
  member of the reserve militia under this section terminates at the
  earliest of:
               (1)  the governor's rescinding the grant of authority;
  or
               (2)  the member's period of service expiring or being
  terminated by the legislature.
         (e)  The governor may grant under this section only the law
  enforcement or military authority the governor has under other law.
         SECTION 4.  The heading to Section 431.073, Government Code,
  is amended to read as follows:
         Sec. 431.073.  DRAFT; VOLUNTARY SERVICE; ELIGIBILITY.
         SECTION 5.  Section 431.073, Government Code, is amended by
  adding Subsections (a-1) and (c) to read as follows:
         (a-1)  The county emergency board by order may authorize
  persons to voluntarily appear and report for service in the reserve
  militia who are otherwise not required to appear and report for
  service under this section.
         (c)  A person is eligible to serve in the reserve militia if
  the person is: 
               (1)  at least 18 years of age; and
               (2)  not convicted of a felony.
         SECTION 6.  Subchapter E, Chapter 431, Government Code, is
  amended by adding Sections 431.0735 and 431.0736 to read as
  follows:
         Sec. 431.0735.  RESERVE MILITIA ARMS. (a) In this section,
  "adjutant general" means the military commander of the state
  military forces.
         (b)  The adjutant general shall designate weapon calibers
  suitable for reserve militia weapons and, as necessary, update the
  designations every four years.
         (c)  In designating weapon calibers under this section, the
  adjutant general shall ensure that the calibers are compatible with
  calibers used by the armed forces of the United States.
         (d)  The adjutant general shall ensure state armories
  possess sufficient amounts of designated ammunition to supply the
  reserve militia with necessary ammunition during the militia's
  service.
         (e)  The governor may take steps to acquire and maintain
  equipment in the state armories for use by the reserve militia.
         (f)  This section may not be construed as authorizing the
  possession of a firearm or body armor by a person otherwise
  prohibited by law from that possession.
         Sec. 431.0736.  STUDY ON RESERVE MILITIA; TEMPORARY
  PROVISION. (a) Not later than October 1, 2021, the governor shall
  establish a commission to study and report on:
               (1)  critical skills necessary for the reserve militia;
               (2)  the feasibility of and best practices for:
                     (A)  training the reserve militia in first aid;
  and
                     (B)  organizing the reserve militia into units;
  and
               (3)  the integration of technology into the operations
  of the reserve militia. 
         (b)  The report must include recommendations related to the
  areas of study described by Subsection (a). The commission shall
  submit its report to the governor not later than July 31, 2022.
         (c)  The recommendations made in the report are not binding
  on any person.
         (d)  The governor may establish different commissions to
  study the issues required by this section.
         (e)  This section expires December 1, 2022.
         SECTION 7.  Not later than July 31, 2022, the adjutant
  general shall designate weapon calibers for the reserve militia as
  required by Section 431.0735, Government Code, as added by this
  Act.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
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