Texas 2021 - 87th Regular

Texas House Bill HB4075 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9809 JCG-F
2	2	By: White H.B. No. 4075
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas reserve militia.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 431.001(1), Government Code, is amended
10	10	to read as follows:
11	11	(1) "Reserve militia" means the persons liable to
12	12	serve under Section 431.073 or who otherwise are willing to serve,
13	13	but who are not serving, in the state military forces.
14	14	SECTION 2. Section 431.071, Government Code, is amended to
15	15	read as follows:
16	16	Sec. 431.071. GOVERNOR'S COMMAND; MILITARY DUTY. (a) The
17	17	governor shall have sole and direct command over the reserve
18	18	militia.
19	19	(b) Except as provided by Subsection (d), the [The reserve
20	20	militia is not subject to active military duty, except that the]
21	21	governor may call into the service of the state for a period not to
22	22	exceed 90 days all or any [the] portion of the reserve militia
23	23	[needed for the period required] in case of natural disaster, war,
24	24	insurrection, invasion [or prevention of invasion], [suppression
25	25	of] riot, tumult, or breach of peace or to aid civil officers to
26	26	execute law or serve process.
27	27	(c) [(b)] The governor may assign members of the reserve
28	28	militia who are called into service to existing organizations of
29	29	the state military forces or organize them as circumstances
30	30	require.
31	31	(d) The legislature may by law terminate the period of
32	32	service established by the governor under Subsection (b). The
33	33	governor may request the legislature to authorize an extension of
34	34	the 90-day period of service under Subsection (b) for a specified
35	35	time. An extension may be granted only by unanimous vote of each
36	36	house of the legislature.
37	37	SECTION 3. Subchapter E, Chapter 431, Government Code, is
38	38	amended by adding Section 431.0715 to read as follows:
39	39	Sec. 431.0715. MILITIA MEMBER OATH AND AUTHORITY. (a) On
40	40	being called into service by the governor under Section 431.071,
41	41	each member of the reserve militia must willingly swear or affirm an
42	42	oath administered by this state to uphold the constitutions of the
43	43	United States of America and this state.
44	44	(b) The governor may grant law enforcement or military
45	45	authority only to reserve militia members:
46	46	(1) whom the governor has called into service; and
47	47	(2) who have taken the oath required by Subsection
48	48	(a).
49	49	(c) A reserve militia member may exercise only the law
50	50	enforcement or military authority granted to the member by the
51	51	governor.
52	52	(d) Any law enforcement or military authority granted to a
53	53	member of the reserve militia under this section terminates at the
54	54	earliest of:
55	55	(1) the governor's rescinding the grant of authority;
56	56	or
57	57	(2) the member's period of service expiring or being
58	58	terminated by the legislature.
59	59	(e) The governor may grant under this section only the law
60	60	enforcement or military authority the governor has under other law.
61	61	SECTION 4. The heading to Section 431.073, Government Code,
62	62	is amended to read as follows:
63	63	Sec. 431.073. DRAFT; VOLUNTARY SERVICE; ELIGIBILITY.
64	64	SECTION 5. Section 431.073, Government Code, is amended by
65	65	adding Subsections (a-1) and (c) to read as follows:
66	66	(a-1) The county emergency board by order may authorize
67	67	persons to voluntarily appear and report for service in the reserve
68	68	militia who are otherwise not required to appear and report for
69	69	service under this section.
70	70	(c) A person is eligible to serve in the reserve militia if
71	71	the person is:
72	72	(1) at least 18 years of age; and
73	73	(2) not convicted of a felony.
74	74	SECTION 6. Subchapter E, Chapter 431, Government Code, is
75	75	amended by adding Sections 431.0735 and 431.0736 to read as
76	76	follows:
77	77	Sec. 431.0735. RESERVE MILITIA ARMS. (a) In this section,
78	78	"adjutant general" means the military commander of the state
79	79	military forces.
80	80	(b) The adjutant general shall designate weapon calibers
81	81	suitable for reserve militia weapons and, as necessary, update the
82	82	designations every four years.
83	83	(c) In designating weapon calibers under this section, the
84	84	adjutant general shall ensure that the calibers are compatible with
85	85	calibers used by the armed forces of the United States.
86	86	(d) The adjutant general shall ensure state armories
87	87	possess sufficient amounts of designated ammunition to supply the
88	88	reserve militia with necessary ammunition during the militia's
89	89	service.
90	90	(e) The governor may take steps to acquire and maintain
91	91	equipment in the state armories for use by the reserve militia.
92	92	(f) This section may not be construed as authorizing the
93	93	possession of a firearm or body armor by a person otherwise
94	94	prohibited by law from that possession.
95	95	Sec. 431.0736. STUDY ON RESERVE MILITIA; TEMPORARY
96	96	PROVISION. (a) Not later than October 1, 2021, the governor shall
97	97	establish a commission to study and report on:
98	98	(1) critical skills necessary for the reserve militia;
99	99	(2) the feasibility of and best practices for:
100	100	(A) training the reserve militia in first aid;
101	101	and
102	102	(B) organizing the reserve militia into units;
103	103	and
104	104	(3) the integration of technology into the operations
105	105	of the reserve militia.
106	106	(b) The report must include recommendations related to the
107	107	areas of study described by Subsection (a). The commission shall
108	108	submit its report to the governor not later than July 31, 2022.
109	109	(c) The recommendations made in the report are not binding
110	110	on any person.
111	111	(d) The governor may establish different commissions to
112	112	study the issues required by this section.
113	113	(e) This section expires December 1, 2022.
114	114	SECTION 7. Not later than July 31, 2022, the adjutant
115	115	general shall designate weapon calibers for the reserve militia as
116	116	required by Section 431.0735, Government Code, as added by this
117	117	Act.
118	118	SECTION 8. This Act takes effect immediately if it receives
119	119	a vote of two-thirds of all the members elected to each house, as
120	120	provided by Section 39, Article III, Texas Constitution. If this
121	121	Act does not receive the vote necessary for immediate effect, this
122	122	Act takes effect September 1, 2021.