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 - Dead) 2021-04-07 - Left pending in committee [HB4075 Detail]
Download: Texas-2021-HB4075-Introduced.html
87R9809 JCG-F | ||
By: White | H.B. No. 4075 |
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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 [ |
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governor may call into the service of the state for a period not to | ||
exceed 90 days all or any [ |
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[ |
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insurrection, invasion [ |
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execute law or serve process. | ||
(c) [ |
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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. |