| 1 | 1 | | 88R1561 YDB-D |
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| 2 | 2 | | By: Eckhardt S.B. No. 791 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the right of members of the Texas military forces to |
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| 8 | 8 | | demand trial by court-martial for minor offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 432.015, Government Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (a-1) and subject to |
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| 14 | 14 | | [Under] regulations as may be prescribed, any commanding officer |
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| 15 | 15 | | may impose disciplinary punishments for minor offenses without the |
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| 16 | 16 | | intervention of a court-martial in accordance with this subchapter. |
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| 17 | 17 | | [There is no right to trial by court-martial in lieu of nonjudicial |
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| 18 | 18 | | punishment imposed under this section.] Only the governor, the |
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| 19 | 19 | | adjutant general, or an officer of a general or flag rank in command |
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| 20 | 20 | | may delegate the powers under this section to a principal assistant |
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| 21 | 21 | | who is a member of the state military forces. |
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| 22 | 22 | | (a-1) Any accused person who is facing discipline under this |
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| 23 | 23 | | section has the right to demand trial by court-martial in lieu of |
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| 24 | 24 | | nonjudicial punishment imposed under this section. |
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| 25 | 25 | | SECTION 2. Section 432.015(a-1), Government Code, as added |
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| 26 | 26 | | by this Act, applies only to conduct subject to punishment under |
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| 27 | 27 | | Section 432.015, Government Code, that occurs on or after the |
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| 28 | 28 | | effective date of this Act. Conduct that occurs before the |
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| 29 | 29 | | effective date of this Act is governed by the law in effect on the |
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| 30 | 30 | | date the conduct occurred, and the former law is continued in effect |
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| 31 | 31 | | for that purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2023. |
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