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