87R9809 JCG-F
By: White H.B. No. 4075
A BILL TO BE ENTITLED
AN ACT
relating to the Texas reserve militia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.001(1), Government Code, is amended
to read as follows:
(1) "Reserve militia" means the persons liable to
serve under Section 431.073 or who otherwise are willing to serve,
but who are not serving, in the state military forces.
SECTION 2. Section 431.071, Government Code, is amended to
read as follows:
Sec. 431.071. GOVERNOR'S COMMAND; MILITARY DUTY. (a) The
governor shall have sole and direct command over the reserve
militia.
(b) Except as provided by Subsection (d), the [The reserve
militia is not subject to active military duty, except that the]
governor may call into the service of the state for a period not to
exceed 90 days all or any [the] portion of the reserve militia
[needed for the period required] in case of natural disaster, war,
insurrection, invasion [or prevention of invasion], [suppression
of] riot, tumult, or breach of peace or to aid civil officers to
execute law or serve process.
(c) [(b)] The governor may assign members of the reserve
militia who are called into service to existing organizations of
the state military forces or organize them as circumstances
require.
(d) The legislature may by law terminate the period of
service established by the governor under Subsection (b). The
governor may request the legislature to authorize an extension of
the 90-day period of service under Subsection (b) for a specified
time. An extension may be granted only by unanimous vote of each
house of the legislature.
SECTION 3. Subchapter E, Chapter 431, Government Code, is
amended by adding Section 431.0715 to read as follows:
Sec. 431.0715. MILITIA MEMBER OATH AND AUTHORITY. (a) On
being called into service by the governor under Section 431.071,
each member of the reserve militia must willingly swear or affirm an
oath administered by this state to uphold the constitutions of the
United States of America and this state.
(b) The governor may grant law enforcement or military
authority only to reserve militia members:
(1) whom the governor has called into service; and
(2) who have taken the oath required by Subsection
(a).
(c) A reserve militia member may exercise only the law
enforcement or military authority granted to the member by the
governor.
(d) Any law enforcement or military authority granted to a
member of the reserve militia under this section terminates at the
earliest of:
(1) the governor's rescinding the grant of authority;
or
(2) the member's period of service expiring or being
terminated by the legislature.
(e) The governor may grant under this section only the law
enforcement or military authority the governor has under other law.
SECTION 4. The heading to Section 431.073, Government Code,
is amended to read as follows:
Sec. 431.073. DRAFT; VOLUNTARY SERVICE; ELIGIBILITY.
SECTION 5. Section 431.073, Government Code, is amended by
adding Subsections (a-1) and (c) to read as follows:
(a-1) The county emergency board by order may authorize
persons to voluntarily appear and report for service in the reserve
militia who are otherwise not required to appear and report for
service under this section.
(c) A person is eligible to serve in the reserve militia if
the person is:
(1) at least 18 years of age; and
(2) not convicted of a felony.
SECTION 6. Subchapter E, Chapter 431, Government Code, is
amended by adding Sections 431.0735 and 431.0736 to read as
follows:
Sec. 431.0735. RESERVE MILITIA ARMS. (a) In this section,
"adjutant general" means the military commander of the state
military forces.
(b) The adjutant general shall designate weapon calibers
suitable for reserve militia weapons and, as necessary, update the
designations every four years.
(c) In designating weapon calibers under this section, the
adjutant general shall ensure that the calibers are compatible with
calibers used by the armed forces of the United States.
(d) The adjutant general shall ensure state armories
possess sufficient amounts of designated ammunition to supply the
reserve militia with necessary ammunition during the militia's
service.
(e) The governor may take steps to acquire and maintain
equipment in the state armories for use by the reserve militia.
(f) This section may not be construed as authorizing the
possession of a firearm or body armor by a person otherwise
prohibited by law from that possession.
Sec. 431.0736. STUDY ON RESERVE MILITIA; TEMPORARY
PROVISION. (a) Not later than October 1, 2021, the governor shall
establish a commission to study and report on:
(1) critical skills necessary for the reserve militia;
(2) the feasibility of and best practices for:
(A) training the reserve militia in first aid;
and
(B) organizing the reserve militia into units;
and
(3) the integration of technology into the operations
of the reserve militia.
(b) The report must include recommendations related to the
areas of study described by Subsection (a). The commission shall
submit its report to the governor not later than July 31, 2022.
(c) The recommendations made in the report are not binding
on any person.
(d) The governor may establish different commissions to
study the issues required by this section.
(e) This section expires December 1, 2022.
SECTION 7. Not later than July 31, 2022, the adjutant
general shall designate weapon calibers for the reserve militia as
required by Section 431.0735, Government Code, as added by this
Act.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.