87R8765 MCK-D
By: Slaton H.B. No. 2701
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements for activation of the Texas
National Guard into active combat duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 437, Government Code, is
amended by adding Section 437.0055 to read as follows:
Sec. 437.0055. CONGRESSIONAL ACTION REQUIRED FOR ACTIVE
COMBAT DUTY ACTIVATION OF TEXAS NATIONAL GUARD. (a) In this
section, "active combat duty" means active military service
through:
(1) participation in an armed conflict in a foreign
state;
(2) performance of a hazardous service relating to an
armed conflict in a foreign state; or
(3) performance of a duty through an instrumentality
of war.
(b) Notwithstanding any other provision of this code, the
Texas National Guard may be activated into active combat duty only
if the United States Congress:
(1) officially declares war in accordance with Clause
11, Section 8, Article I, United States Constitution; or
(2) takes other official action in accordance with
Clause 15, Section 8, Article I, United States Constitution.
(c) The governor shall take all actions necessary to comply
with this section.
SECTION 2. This Act takes effect September 1, 2021.