Bill Text: TX SB1536 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the Texas military; imposing criminal penalties; authorizing fees.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1536 Detail]

Download: Texas-2013-SB1536-Enrolled.html

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S.B. No. 1536

AN ACT
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 who is responsible for managing 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 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, 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 regulations, according to existing
federal and state law, to govern the Texas military forces. The
regulations 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 regulations
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. 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 regulations 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. 437.007. 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. 437.008. 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
regulations 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 regulations;
(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 regulations 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 the cooperative
agreements 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 regulations of the department, with an
emphasis on disciplinary and investigatory authority regulations;
(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 Agreements 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
designated in the adjutant general's succession plan 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 successors;
(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 the
position 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 executive
director 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 if required for the position.
The department shall adopt regulations to 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 the Texas Military Forces Museum.
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 United States Department of Defense provide information
technology and communications support to the department.
(b) 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 regulations 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 regulations 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 shall adopt policies to establish
methods for notifying the public and members of the Texas National
Guard of the department's name, mailing address, and telephone
number 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 regulations
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 shall adopt regulations specifying
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 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, deputy adjutant general for the
air, and 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
regulations 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 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 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 I.
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
regulations of the governor; and
(5) otherwise act as necessary and proper to carry out
its purpose.
(b) The officers of the unit 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 4301-4313 and 4316-4319, 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 Texas
military forces shall develop a program to provide referrals to
service members for reintegration services.
(b) The program shall:
(1) identify and make referrals to community-based
organizations that have existing programs that provide
reintegration services to service members and their families;
(2) focus on early intervention and appropriate
referral to promote the health of service members and the children
and other family members of the service members;
(3) promote family cohesion and sustainability;
(4) be based on evidence-based best practices related
to meeting the needs of service members and the children and other
family members of the service members;
(5) be provided, when appropriate, in a community
setting through peer counseling and other means effective for
community outreach;
(6) use existing service delivery facilities,
including churches, National Guard Bureau family education
facilities, and veterans centers and support facilities;
(7) use community-based and faith-based
organizations;
(8) be developed and administered in a manner that
promotes collaboration of service providers and results in the
referral of service members, their children, and other family
members to the appropriate federal, state, and community services
for which they are eligible; and
(9) provide information and referral services
regarding the risks and consequences of trauma, including
post-traumatic stress disorder, traumatic brain injury, and other
conditions for which service members are at risk.
(c) The Texas military forces shall ensure that:
(1) each person who provides referrals to service
members under the referral program has received sufficient training
to ensure that service members receive accurate information; and
(2) service members are notified in a timely manner
about the service referral program.
(d) In developing the referral program, the Texas military
forces shall consult with the National Guard Bureau, the United
States Veterans Health Administration, the Health and Human
Services Commission, the Texas A&M Health Science Center College of
Medicine, and The University of Texas Health Science Center at San
Antonio.
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 regulations to implement
this section, including regulations that prescribe the procedure
for requesting supplemental pay and that prescribe evidence a
member may or must present to demonstrate hardship. The
comptroller, in consultation with the adjutant general, may adopt
rules to govern the manner and method of paying supplemental pay
under this section.
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 regulations
adopted by the adjutant general or by federal law or regulations.
(b) On termination of the appointment of an officer or
enlistment of an enlisted service member in the Texas military
forces, the officer or enlisted service member shall be given a
certificate of discharge stating the character of the person's
service.
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 who is on state active duty, on state
training or other duty, or traveling to or from the member's duty
location and who is killed or injured while engaged in authorized
duty, training, or travel is entitled to receive compensation and
protections under Title 5, Labor Code.
Sec. 437.228. ISSUANCE AND USE OF UNIFORM AND OTHER
MILITARY PROPERTY. (a) A service member to whom the department
issues a uniform or other military property shall give a receipt for
the uniform or property. The adjutant general shall prescribe the
manner in which the uniform and property shall be accounted for and
kept.
(b) The uniform or other property may be used only for
military purposes. An officer or enlisted service member of the
Texas military forces who is responsible for public property may
not lend the property for private use or permit it to be used for a
purpose for which it was not intended.
Sec. 437.229. UNIFORM. (a) Except as provided by
Subsection (b), the uniform of the officers and enlisted service
members of the Texas military forces is the uniform prescribed for
the United States armed forces with modifications that the
governor, or adjutant general if delegated the authority, considers
necessary.
(b) The uniforms of the officers and enlisted personnel of
the Texas State Guard are the uniforms prescribed for the United
States armed forces with any modifications the governor, or the
adjutant general if delegated the authority by the governor,
considers necessary to distinguish the Texas State Guard from the
Texas National Guard.
Sec. 437.230. EXEMPTION FROM LEVY AND SALE. Arms,
equipment, clothing, and other military supplies issued by the
department to units or service members of the Texas military forces
for military purposes are exempt from levy and sale because of
execution for debt or other legal proceedings.
Sec. 437.231. SEIZURE. (a) On a finding by the adjutant
general that a person unlawfully possesses, and refuses or fails to
deliver up, arms, equipment, or other military property issued by
the department for use of the Texas military forces, the governor
may by warrant command the sheriff of the county in which the person
resides or is located to seize the arms, equipment, or other
military property and keep the property subject to the governor's
further order. The sheriff in executing the warrant may invoke the
power of the county.
(b) Each sheriff may collect military arms or property
issued by the department that is liable to loss or in the hands of
unauthorized persons and safely keep the arms and property subject
to order of the governor. The sheriff shall make a report of the
collection to the governor. The sheriff's official bond covers
faithful performance of duties under this subchapter.
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 TEXAS MILITARY FORCES; EMERGENCY
LEAVE. (a) A state employee called to state active duty as a
member of the Texas military forces by the governor or other
appropriate authority in response to a natural or man-made disaster
is entitled to receive paid emergency leave without loss of
military leave under Section 437.202 or annual leave.
(b) A state employee called to federal active duty for the
purpose of providing assistance to civil authorities in a declared
emergency or for training for that purpose is entitled to receive
paid emergency leave for not more than 22 workdays without loss of
military leave under Section 437.202 or annual leave.
(c) The duty or training under Subsection (b) does not
include duty or training carried out under Section 437.202.
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) subject to Subsection (c), must be at least 18
years of age and not older than 70 years of age;
(4) must undergo a criminal history check;
(5) must not be a registered sex offender; and
(6) must be acceptable to and approved by the governor
or adjutant general under the governor's direction.
(c) The adjutant general may adopt a policy regarding waiver
of the maximum age requirement under Subsection (b)(3).
Sec. 437.303. GOVERNOR'S AUTHORITY. (a) The governor has
full control and authority over the Texas State Guard.
(b) The governor may adopt regulations governing
enlistment, organization, administration, uniforms, equipment,
maintenance, command, training, and discipline of the Texas State
Guard. The regulations to the extent practicable and desirable
must conform to law and regulations governing the Texas National
Guard.
(c) The governor may delegate the powers granted by this
section to the adjutant general.
Sec. 437.304. ASSISTANCE. (a) Funds or other property or
services may be solicited by or donated to a unit in the Texas State
Guard by any public or private entity, including:
(1) a state agency or department;
(2) a political subdivision, including a county,
municipality, or public school district; or
(3) a special purpose district or authority.
(b) A public school district may permit the Texas State
Guard to use a school building.
(c) The assistance solicited or received under this section
is governed by the policies and regulations adopted by the adjutant
general.
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, shall 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 may advance the service member one grade or
rank at the time of the transfer into the honorary reserve. For a
service member who is not a general officer, the adjutant general
may advance the service member one grade or rank at the time of the
transfer into the honorary reserve.
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 [J]. AWARDS
Sec. 437.351 [431.131]. TEXAS LEGISLATIVE MEDAL OF HONOR.
(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
[person] for gallantry and intrepidity above the service member's
[person's] comrades. Awarding of the medal shall be considered on
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 [person]
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 [person's] death; or
(3) have been a resident of this state when the service
member [person] entered military service.
(b) A service member [person] is not ineligible for the
Texas Legislative Medal of Honor because the service member
[person] has received any other medal or award for military
service, including a medal or award made by the United States.
(c) To receive the Texas Legislative Medal of Honor, a
service member [person] must be nominated during a regular session
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 [person] nominated by the nominating committee. The
committee chairs serving on the nominating committee shall jointly
prepare a concurrent resolution directing the governor to award the
medal to a service member [person] nominated. The legislature may
direct the medal to be awarded only during a regular session and may
not, during a regular session, direct the medal to be awarded to
more than:
(1) one service member for service in the state or
federal military forces during the period beginning after 1835 but
before 1956; and
(2) one service member for service in the state or
federal military forces after 1955 [person during a regular
session].
Sec. 437.352 [431.132]. LONE STAR MEDAL OF VALOR. The Lone
Star Medal of Valor shall be awarded to a member of the military
forces of this state, another state, or the United States who
performs 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.
[Sec. 431.133. LONE STAR DISTINGUISHED SERVICE MEDAL. The
Lone Star Distinguished Service Medal 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 the
state in performance of a duty of great responsibility while
serving with the state military forces.
[Sec. 431.134. OTHER AWARDS. (a) The adjutant general may
adopt rules and regulations relating to the:
[(1) Texas Faithful Service Medal, which shall be
awarded to a member of the state military forces who has completed
five years of honorable service during which the person has shown
fidelity to duty, efficient service, and great loyalty to the
state;
[(2) Federal Service Medal, which shall be awarded to
a person who was inducted into federal service from the state
military forces between June 15, 1940, and January 1, 1946, or after
June 1, 1950, if the service was for more than 90 days;
[(3) Texas Medal of Merit, which may be presented 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;
[(4) Texas Outstanding Service Medal, which may be
presented to a 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) Texas State Guard Service Medal, which shall be
awarded to a person who completes three consecutive years of
honorable service in the Texas State Guard during which the person
has shown fidelity to duty, efficient service, and great loyalty to
the state;
[(6) Texas Desert Shield/Desert Storm Campaign Medal,
which shall be awarded to a person 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 person was deployed while
serving on active federal military duty;
[(7) Texas Humanitarian Service Medal, which shall be
awarded to a person who:
[(A) does not meet the criteria for an award of
the federal Humanitarian Service Medal;
[(B) is a member of the state military forces;
and
[(C) while serving on state active duty or active
duty under state authority in accordance with Title 32 of the 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;
[(8) Texas Cavalry Medal, which shall be awarded to a
person who:
[(A) served on or after September 11, 2001, in
the 124th Cavalry, Texas Army National Guard; and
[(B) served in a hostile fire zone as designated
by the United States secretary of defense;
[(9) Texas Combat Service Ribbon, which shall be
awarded to a 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;
[(10) Texas Purple Heart Medal, which shall be awarded
to a person 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;
[(11) Texas Superior Service Medal, which shall be
awarded to:
[(A) a member of the state 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 state military forces;
[(12) Texas Homeland Defense Service Medal, which
shall be awarded to a member of the state 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 of the United States
Code; and
[(C) satisfactorily in defense support to a
mission in the state under civilian authority;
[(13) Texas Iraqi Campaign Medal, which shall be
awarded to a person who was inducted into federal service from the
Texas National Guard, without regard to the place that the person
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) Texas Afghanistan Campaign Medal, which shall be
awarded to a person 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 person was
deployed while serving on active federal military duty.
[(b) A member of the state military forces or a civilian
described by Subsection (a)(11) may be awarded the Texas Superior
Service Medal only one time.]
Sec. 437.353 [431.135]. RECOMMENDATIONS. (a) A
recommendation for award of the Texas Legislative Medal of Honor
or[,] Lone Star Medal of Valor[, or Lone Star Distinguished Service
Medal] shall be forwarded through military channels to the adjutant
general. An individual having personal knowledge of an act or
achievement or exceptional service believed to warrant the award of
one of these medals may submit a letter of recommendation to the
adjutant general.
(b) A letter of recommendation for award of the Texas
Legislative Medal of Honor or Lone Star Medal of Valor must give an
account of the occurrence and statements of eyewitnesses, extracts
from official records, sketches, maps, diagrams, or photographs to
support and amplify the stated facts.
(c) [A letter of recommendation for award of the Lone Star
Distinguished Service Medal must give an account of the exceptional
service or achievement, facts, and extracts from official documents
and photographs to support and amplify the facts.
[(d)] If the adjutant general determines that a case meets
the criteria established by Section 437.352 [this subchapter] for
award of the Lone Star Medal of Valor [the awarding of one of these
medals], the adjutant general shall by endorsement recommend to the
governor the awarding of the [appropriate] medal.
Sec. 437.354 [431.136]. AWARDING. The governor awards the
Texas Legislative Medal of Honor as directed by the legislature
under Section 437.351 [431.131]. The governor awards the Lone Star
Medal of Valor[, Lone Star Distinguished Service Medal, or any
other award authorized by this subchapter] on recommendation of the
adjutant general.
Sec. 437.355. OTHER AWARDS. (a) The governor or adjutant
general, if delegated the authority, may adopt policies and
regulations 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 [431.137]. POSTHUMOUS AWARDS. An award may be
made to a person who has died in the same manner as an award to a
living person, except the orders and citation must indicate that
the award is made posthumously.
Sec. 437.357 [431.138]. DESIGN; RIBBONS. (a) The
department [adjutant general] shall design and have manufactured
the medals, awards, decorations, and ribbons awarded under this
subchapter and others that the adjutant general has approved for
award.
(b) The department may purchase or replace medals, awards,
decorations, and ribbons authorized under this subchapter for the
recipient, the decedent's family, and nonprofit and governmental
entities honoring the recipient or decedent.
(c) The adjutant general shall adopt [rules and]
regulations prescribing when a ribbon may be appropriately worn
instead of the medal it symbolizes.
SECTION 1.03. Subchapter K, Chapter 431, Government Code,
is transferred to Chapter 437, Government Code, as added by this
Act, redesignated as Subchapter I, Chapter 437, Government Code,
and amended to read as follows:
SUBCHAPTER I [K]. ADMINISTRATIVE REVIEW AND JUDICIAL ENFORCEMENT
Sec. 437.401 [431.151]. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Workforce Commission
civil rights division.
(2) "Complainant" means an individual who brings an
action or proceeding under this subchapter.
(3) "Respondent" means the person charged in a
complaint filed under this subchapter.
Sec. 437.402 [431.152]. FILING OF COMPLAINT; FORM AND
CONTENT; SERVICE. (a) A person claiming to be aggrieved by an
unlawful employment practice under Section 437.204 [431.006] or the
person's agent may file a complaint with the commission.
(b) The complaint must be in writing and made under oath.
(c) The complaint must state:
(1) that an unlawful employment practice under Section
437.204 [431.006] has been committed;
(2) the facts on which the complaint is based,
including the date, place, and circumstances of the alleged
unlawful employment practice; and
(3) facts sufficient to enable the commission to
identify the respondent.
(d) The commission shall serve the respondent with a copy of
the perfected complaint not later than the 10th day after the date
the complaint is filed.
(e) A complaint may be amended to cure technical defects or
omissions, including a failure to verify the complaint or to
clarify and amplify an allegation made in the complaint.
(f) An amendment to a complaint alleging additional facts
that constitute an unlawful employment practice under Section
437.204 [431.006] relating to or arising from the subject matter of
the original complaint relates back to the date the complaint was
first received by the commission.
Sec. 437.403 [431.153]. ALTERNATIVE DISPUTE RESOLUTION.
The use of alternative means of dispute resolution, including
settlement negotiations, conciliation, facilitation, mediation,
fact-finding, minitrials, and arbitration, is encouraged to
resolve disputes arising under Section 437.204 [431.006]. The
settlement of a disputed claim under this subchapter that results
from the use of traditional or alternative means of dispute
resolution is binding on the parties to the claim.
Sec. 437.404 [431.154]. INVESTIGATION BY COMMISSION. The
commission shall investigate a complaint arising under Section
437.204 [431.006] and determine if there is reasonable cause to
believe that the respondent engaged in an unlawful employment
practice as alleged in the complaint.
Sec. 437.405 [431.155]. LACK OF REASONABLE CAUSE;
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 [431.006] as alleged in a complaint,
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. 437.406 [431.156]. DETERMINATION OF REASONABLE CAUSE;
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 [431.006] as alleged in a complaint, the commission shall:
(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. 437.407 [431.157]. RESOLUTION BY INFORMAL METHODS.
(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 [431.006] by informal
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. 437.408 [431.158]. NOTICE OF DISMISSAL OR UNRESOLVED
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. 437.409 [431.159]. TEMPORARY INJUNCTIVE RELIEF.
(a) If the commission concludes from a preliminary investigation
of an unlawful employment practice arising under Section 437.204
[431.006] alleged in a complaint that prompt judicial action is
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. 437.410 [431.160]. CIVIL ACTION BY COMMISSION.
(a) 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 [431.006]; and
(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. 437.411 [431.161]. NOTICE OF COMPLAINANT'S RIGHT TO
FILE CIVIL ACTION. (a) A complainant who receives notice under
Section 437.408 [431.158] that the complaint is dismissed or not
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. 437.412 [431.162]. CIVIL ACTION BY COMPLAINANT.
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. 437.413 [431.163]. COMMISSION'S INTERVENTION IN CIVIL
ACTION BY COMPLAINANT. After receipt of a timely application, a
court may permit the commission to intervene in a civil action filed
under Section 437.412 [431.162] if:
(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 [431.006] was violated.
Sec. 437.414 [431.164]. ASSIGNMENT TO EARLY HEARING. The
court shall set an action brought under this subchapter for hearing
at the earliest practicable date to expedite the action.
Sec. 437.415 [431.165]. INJUNCTION; EQUITABLE RELIEF.
(a) On finding that a respondent engaged in an unlawful employment
practice under Section 437.204 [431.006] as alleged in a complaint,
a court may:
(1) prohibit by injunction the respondent from
engaging in an unlawful employment practice under Section 437.204
[431.006]; and
(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. 437.416 [431.166]. COMPENSATORY AND PUNITIVE DAMAGES.
(a) On finding that a respondent engaged in an intentional
unlawful employment practice under Section 437.204 [431.006] as
alleged in a 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 [431.006] with
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 437.415(b)
[431.165(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. 437.417 [431.167]. ATTORNEY'S FEES; COSTS. (a) In a
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. 437.418 [431.168]. COMPELLED COMPLIANCE. If an
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. 437.419 [431.169]. TRIAL DE NOVO. (a) A judicial
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 CONFORMING CHANGES
SECTION 2.01. Subsection (a), Section 7.111, 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 [adjutant general's department] for
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 [adjutant general's department's] Seaborne ChalleNGe
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. Subsection (b), Section 411.121, 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 Texas [state] military forces;
(2) an employee of the Texas Military Department
[adjutant general's department];
(3) an applicant for enlistment in the Texas [state]
military forces; or
(4) an applicant for employment with the Texas
Military Department [adjutant general's department].
SECTION 2.03. Subsection (a), Section 421.021, 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 [adjutant general's
department];
(10) Texas Commission on Environmental Quality;
(11) Railroad Commission of Texas;
(12) Texas [Strategic] Military Preparedness
[Planning] Commission;
(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 Veterans Affairs and Military
Installations;
(18) Senate Committee on Agriculture, Rural Affairs
[Transportation] and Homeland Security;
(19) [(18)] House Committee on Defense and Veterans'
Affairs;
(20) House Committee on Homeland Security and Public
Safety;
(21) [(19)] Texas Animal Health Commission;
(22) [(20) Texas Association of Regional Councils;
[(21)] Texas Commission on Law Enforcement Officer
Standards and Education;
(23) [(22)] state fire marshal's office;
(24) [(23)] Texas Education Agency;
(25) [(24)] Texas Commission on Fire Protection;
(26) [(25)] Parks and Wildlife Department;
(27) [(26)] Texas A&M Forest Service; and
(28) [(27)] Texas Water Development Board.
SECTION 2.04. Subsection (a), Section 432.072, 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 forces [adjutant general's department] the fees and
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. Subsection (a), Section 432.109, Government
Code, is amended to read as follows:
(a) The Texas Court of Military Appeals[, located for
administrative purposes only in the adjutant general's
department,] consists of five judges appointed 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 Texas [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
Texas [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. Subsection (b), Section 432.192, 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 forces
[adjutant general's 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 forces [adjutant
general's 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 [adjutant general's
department];
(4) the Health and Human Services Commission; and
(5) the State Bar of Texas.
SECTION 2.09. Subsection (a), Section 1232.101, 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 [adjutant general's
department], Parks and Wildlife Department, Texas Agricultural
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. Subsection (d), Section 161.552, 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 forces [adjutant general's
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 412.0128, Labor Code, is amended to
read as follows:
Sec. 412.0128. CONFIDENTIALITY OF [INJURY] INFORMATION.
Information in or derived from a workers' compensation claim file
regarding an employee, and information in or derived from a risk
management review related to facility security or continuity of
operations of the Texas military forces, is confidential and may
not be disclosed by the office except as provided by this subchapter
or other law. Classified or sensitive information of the Texas
military forces specifically preempted from disclosure by federal
law retains the confidentiality protection provided by this section
for all purposes, including disclosure to the office.
SECTION 2.12. Subsection (e), Section 31.156, 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 [adjutant general's department], the division shall
notify the department before the division begins the evaluation.
SECTION 2.13. Subsection (d), Section 31.157, Natural
Resources Code, is amended to read as follows:
(d) If under the Texas Military Department's [adjutant
general's] report submitted as provided by Section 437.154
[431.030], Government Code, the department [adjutant general]
determines that real property under the management and control of
the [adjutant general's] department is used for military purposes,
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. Subsections (b), (c), and (d), Section
74.404, 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 forces [adjutant general's department].
(c) The Texas military forces [adjutant general's
department] shall conduct a reasonable search of public records to
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 forces [adjutant general's
department] cannot locate the person to whom a military award or
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. Subsection (a), Section 721.002, 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
[431.001], Government Code, or a picture of the individual in
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. Subsection (a), Section 54.345, 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 [431.090], Government Code,
information identifying the persons to whom the adjutant general
has awarded assistance for tuition and mandatory fees under that
section.
SECTION 3.03. Subsection (a), Section 411.121, Government
Code, is amended to read as follows:
(a) In this section:
(1) "Adjutant general" has the meaning assigned by
Section 437.001 [431.022].
(2) "State military forces" has the meaning assigned
by Section 437.001 [431.001].
SECTION 3.04. Subsection (a), Section 411.1881, 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 Texas [state] military forces, as defined
by Section 437.001 [431.001]; and
(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 Texas [state] military forces.
SECTION 3.05. Subsection (a), Section 411.1951, 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 Texas [state] military forces as defined
by Section 437.001 [431.001]; or
(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 [431.085] to be a member of the Texas
[state] 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. Subsections (a), (b), and (d), Section
421.061, 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 [431.085] to be a member of the Texas
[state] 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 [431.085] for damages
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 [431.085] on its own terms to a person who is a member of the
Texas [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 Texas [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 [431.0825]. A state employee who is called to
federal active duty as a member of the Texas [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. Subsection (b), Section 1232.1025,
Government Code, is amended to read as follows:
(b) After receiving a request under Section 437.153
[431.0292 or 431.0302(c)], the board shall promptly issue and sell
bonds in the name of the authority to provide the requested
financing.
SECTION 3.10. Subdivision (2), Section 2308.251,
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 Texas [state] military forces as
defined by Section 437.001 [431.001]; or
(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. Subdivision (3), Section 161.551, 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 [431.001], Government Code.
SECTION 3.12. Subsections (d) and (e), Section 775.039,
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 [431.005],
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 [431.005], Government Code, are exhausted and
continues until the employee's active military duty terminates.
SECTION 3.13. Subsection (a), Section 1001.076, 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 [431.001], Government Code; or
(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. Subsection (a), Section 408.0445, Labor Code,
is amended to read as follows:
(a) For purposes of computing income benefits or death
benefits under Section 437.227 [431.104], Government Code, the
average weekly wage of a member of the state military forces as
defined by Section 437.001 [431.001], Government Code, who is
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. Subdivision (5), Section 501.001, 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 [431.001], Government Code, who is
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. Subsection (a), Section 392.067, 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 [431.001],
Government Code.
SECTION 3.17. Subdivision (1), Section 1804.001,
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 [431.001], Government
Code.
SECTION 3.18. Subdivision (2), Subsection (a), Section
31.121, Parks and Wildlife Code, is amended to read as follows:
(2) "State military forces" has the meaning assigned
by Section 437.001 [431.001], Government Code.
SECTION 3.19. Subdivision (2), Subsection (a), Section
32.54, Penal Code, is amended to read as follows:
(2) "State military forces" has the meaning assigned
by Section 437.001 [431.001], Government Code.
SECTION 3.20. Subsections (b), (d), and (f), Section 46.15,
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 [431.001], Government Code, or as a guard employed
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 [431.029], Government Code, in performance of official
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 [431.001], Government Code;
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 [431.040],
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 [431.040], Government Code, is
exempt from the taxes imposed by this chapter.
SECTION 3.22. Subsection (a), Section 521.1235,
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 [431.001], Government Code; and
(2) has been honorably discharged from the branch of
the service in which the person served.
SECTION 3.23. Subsection (g), Section 36.354, 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 [378], Local Government Code
[, as added by Chapter 1221, Acts of the 76th Legislature, Regular
Session, 1999];
(3) that is operated by or for the benefit of the Texas
National Guard, as defined by Section 437.001 [431.001], Government
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. The following provisions of the Government
Code are repealed:
(1) Sections 431.002, 431.003, 431.004, 431.005,
431.0055, 431.006, 431.007, 431.008, 431.009, 431.010, 431.011,
431.012, 431.013, 431.014, 431.015, 431.016, 431.017, 431.0175,
431.018, and 431.0185; and
(2) Subchapters B, C, D, F, G, and I, Chapter 431.
SECTION 4.02. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1536 passed the Senate on
April 29, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 23, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1536 passed the House, with
amendment, on May 20, 2013, by the following vote: Yeas 147,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor