1 | | - | H.B. No. 1062 |
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| 1 | + | By: Bell of Montgomery, Guillen H.B. No. 1062 |
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| 2 | + | (Senate Sponsor - Taylor) |
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| 3 | + | (In the Senate - Received from the House April 26, 2021; |
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| 4 | + | May 6, 2021, read first time and referred to Committee on Veteran |
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| 5 | + | Affairs & Border Security; May 19, 2021, reported favorably by the |
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| 6 | + | following vote: Yeas 6, Nays 0; May 19, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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4 | 11 | | AN ACT |
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5 | 12 | | relating to the eligibility of certain 17-year-old persons to serve |
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6 | 13 | | as members of the Texas State Guard. |
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7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 15 | | SECTION 1. Section 437.302, Government Code, is amended by |
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9 | 16 | | amending Subsection (b) and adding Subsection (d) to read as |
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10 | 17 | | follows: |
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11 | 18 | | (b) To serve in the Texas State Guard, a person: |
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12 | 19 | | (1) must be a resident of this state for at least 180 |
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13 | 20 | | days; |
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14 | 21 | | (2) must be a citizen of the United States or a person |
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15 | 22 | | who has been lawfully admitted to the United States for permanent |
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16 | 23 | | residence under the Immigration and Nationality Act (8 U.S.C. |
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17 | 24 | | Section 1101 et seq.); |
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18 | 25 | | (3) subject to Subsections [Subsection] (c) and (d), |
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19 | 26 | | must be at least 17 [18] years of age and not older than 70 years of |
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20 | 27 | | age; |
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21 | 28 | | (4) must undergo a criminal history check; |
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22 | 29 | | (5) must not be a registered sex offender; and |
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23 | 30 | | (6) must be acceptable to and approved by the governor |
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24 | 31 | | or adjutant general under the governor's direction. |
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25 | 32 | | (d) A person who is at least 17 years of age but younger than |
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26 | 33 | | 18 years of age may serve in the Texas State Guard if the person: |
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27 | 34 | | (1) is emancipated by marriage, court order, or other |
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28 | 35 | | operation of law; or |
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29 | 36 | | (2) provides to the adjutant general, in a form and |
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30 | 37 | | manner prescribed by the adjutant general, the written consent of: |
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31 | 38 | | (A) each of the person's parents or legal |
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32 | 39 | | guardians, other than a parent or legal guardian who is: |
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33 | 40 | | (i) deceased; |
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34 | 41 | | (ii) determined by a court to be |
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35 | 42 | | incapacitated; |
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36 | 43 | | (iii) absent at an unknown location for an |
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37 | 44 | | indefinite period; or |
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38 | 45 | | (iv) confined in jail or prison serving a |
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39 | 46 | | term of punishment that will result in the parent or guardian being |
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40 | 47 | | released after the person's 18th birthday; or |
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41 | 48 | | (B) for a person who is in the managing |
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42 | 49 | | conservatorship of the Department of Family and Protective Services |
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43 | 50 | | or another legal entity, a representative of the department or |
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44 | 51 | | other legal entity. |
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45 | 52 | | SECTION 2. This Act takes effect September 1, 2021. |
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46 | | - | ______________________________ ______________________________ |
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47 | | - | President of the Senate Speaker of the House |
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48 | | - | I certify that H.B. No. 1062 was passed by the House on April |
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49 | | - | 23, 2021, by the following vote: Yeas 146, Nays 0, 2 present, not |
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50 | | - | voting. |
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51 | | - | ______________________________ |
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52 | | - | Chief Clerk of the House |
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53 | | - | I certify that H.B. No. 1062 was passed by the Senate on May |
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54 | | - | 21, 2021, by the following vote: Yeas 31, Nays 0. |
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55 | | - | ______________________________ |
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56 | | - | Secretary of the Senate |
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57 | | - | APPROVED: _____________________ |
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58 | | - | Date |
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59 | | - | _____________________ |
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60 | | - | Governor |
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| 53 | + | * * * * * |
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