Texas 2025 - 89th Regular

Texas House Bill HB4914 Compare Versions

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Version 2 (New)

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1	1		By: Hopper H.B. No. 4914
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the organization, powers, and authority of the Texas
7	9		State Guard, including the powers and authority of the adjutant
8	10		general and governor relating to the Texas State Guard.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 437.001, Government Code, is amended by
11	13		amending Subdivisions (2) and (13) and adding Subdivision (3-a) to
12	14		read as follows:
13	15		(2) "Adjutant general" means the military commander of
14	16		the Texas Army National Guard and Texas Air National Guard
15	17		[military forces].
16	18		(3-a) "Director" means the military commander of the
17	19		Texas State Guard.
18	20		(13) "Texas Military Department" means the state
19	21		agency charged with administrative activities in support of the
20	22		Texas Army National Guard and Texas Air National Guard [military
21	23		forces].
22	24		SECTION 2. Section 437.002(b), Government Code, is amended
23	25		to read as follows:
24	26		(b) If the governor is unable to perform the duties of
25	27		commander-in-chief, the successor to the governor's authority as
26	28		provided by the state constitution or other state law[adjutant
27	29		general] shall command the Texas military forces[, unless the state
28	30		constitution or other state law requires the lieutenant governor or
29	31		the president of the senate to perform the duties of governor]. The
30	32		authority of the adjutant general under this section to command the
31	33		Texas military forces applies only to the Texas Army National Guard
32	34		and Texas Air National Guard.
33	35		SECTION 3. Sections 437.003(a), (b), and (c), Government
34	36		Code, are amended to read as follows:
35	37		(a) The governor, with the advice and consent of the senate,
36	38		shall appoint an adjutant general to a two-year term expiring
37	39		February 1 of each even-numbered year. The adjutant general is
38	40		responsible for leading and managing the Texas Army National Guard
39	41		and Texas Air National Guard [military forces]. The adjutant
40	42		general is subordinate only to the governor in matters pertaining
41	43		to the Texas Army National Guard and Texas Air National Guard
42	44		[military forces]. The adjutant general's rank is assigned at the
43	45		discretion of the governor and may not exceed lieutenant general.
44	46		Federal recognition is at the rank authorized by the National Guard
45	47		Bureau. [The adjutant general may be referred to as the commanding
46	48		general of the Texas military forces.]
47	49		(b) On recommendation of the adjutant general, the governor
48	50		shall appoint a deputy adjutant general for army and[,] a deputy
49	51		adjutant general for air[, and the commander of the Texas State
50	52		Guard]. The deputy adjutants general [and commander] serve until
51	53		replaced. To be qualified for appointment as a deputy adjutant
52	54		general, a service member must have the qualifications required for
53	55		appointment as adjutant general.
54	56		(c) The governor, with the advice and consent of the senate,
55	57		shall appoint a director of the Texas State Guard to a two-year term
56	58		expiring February 1 of each even-numbered year. To be qualified for
57	59		appointment as director, a person must have the qualifications
58	60		required by Section 437.302. The director is responsible for
59	61		leading and managing the Texas State Guard. The director is
60	62		subordinate only to the governor in matters pertaining to the Texas
61	63		State Guard. The governor shall[,] commission[,] and assign the
62	64		Texas State Guard general officers. The governor may remove or
63	65		reassign an officer. To be eligible for appointment as a general
64	66		officer, a service member must have:
65	67		(1) been ana federally recognized officer of not less
66	68		than field grade of the Texas National Guard or a regular or reserve
67	69		component of the United States military or served at least 15 years
68	70		of combined service as a commissioned officer in the Texas military
69	71		forces or a regular or reserve component of the United States
70	72		military; and
71	73		(2) served at least three years as a commissioned
72	74		officer in the Texas State Guard.
73	75		SECTION 4. Section 437.004(e), Government Code, is amended
74	76		to read as follows:
75	77		(e) The governor may delegate to the adjutant general the
76	78		powers granted by this section with respect to the Texas Army
77	79		National Guard and Texas Air National Guard and may delegate to the
78	80		director the powers granted by this section with respect to the
79	81		Texas State Guard [to the adjutant general].
80	82		SECTION 5. Sections 437.005(a), (b), and (c), Government
81	83		Code, are amended to read as follows:
82	84		(a) The governor may activate all or part of the Texas
83	85		military forces to state active duty or for state training and other
84	86		duty. The governor may delegate to the adjutant general all or part
85	87		of the authority granted by this section with respect to the Texas
86	88		Army National Guard or Texas Air National Guard and may delegate to
87	89		the director all or part of the authority granted by this section
88	90		with respect to the Texas State Guard [to the adjutant general].
89	91		(b) On delegation of the authority by the governor, the
90	92		adjutant general may order all or part of the Texas Army National
91	93		Guard or Texas Air National Guard [military forces] to state
92	94		training and other duty if funding has been provided in the General
93	95		Appropriations Act or volunteer resources are available.
94	96		(c) On delegation of the authority by the governor, the
95	97		adjutant general may order all or part of the Texas Army National
96	98		Guard or Texas Air National Guard [military forces] to state
97	99		training and other duty if requested by a federal, state, or local
98	100		governmental entity and the entity authorizes reimbursement of the
99	101		costs to this state.
100	102		SECTION 6. Section 437.006(b), Government Code, is amended
101	103		to read as follows:
102	104		(b) The director [adjutant general] shall appoint and
103	105		commission officers, other than a general officer, in the Texas
104	106		State Guard. To be eligible for appointment, a service member must
105	107		be qualified under state guard regulations [and be recommended for
106	108		appointment by the commander of the state guard].
107	109		SECTION 7. Subchapter B, Chapter 437, Government Code, is
108	110		amended by adding Section 437.0515 to read as follows:
109	111		Sec. 437.0515. REFERENCE TO CERTAIN MILITARY FORCES.
110	112		Notwithstanding any other law, a reference in this subchapter to
111	113		"Texas military forces" or "state military forces" means only the
112	114		Texas Army National Guard and Texas Air National Guard.
113	115		SECTION 8. Section 437.059, Government Code, is amended to
114	116		read as follows:
115	117		Sec. 437.059. ADJUTANT GENERAL APPOINTMENTS. The adjutant
116	118		general, as the adjutant general determines appropriate and with
117	119		available funds, may appoint full-time employees of the department,
118	120		traditional national guard members, [state guard volunteers,] or
119	121		federal employees.
120	122		SECTION 9. Subchapter C, Chapter 437, Government Code, is
121	123		amended by adding Section 437.1015 to read as follows:
122	124		Sec. 437.1015. REFERENCE TO CERTAIN MILITARY FORCES.
123	125		Notwithstanding any other law, a reference in this subchapter to
124	126		"Texas military forces" or "state military forces" means only the
125	127		Texas Army National Guard and Texas Air National Guard.
126	128		SECTION 10. Subchapter D, Chapter 437, Government Code, is
127	129		amended by adding Section 437.1515 to read as follows:
128	130		Sec. 437.1515. REFERENCE TO CERTAIN MILITARY FORCES.
129	131		Notwithstanding any other law, a reference in this subchapter to
130	132		"Texas military forces" or "state military forces" means only the
131	133		Texas Army National Guard and Texas Air National Guard.
132	134		SECTION 11. Section 437.201, Government Code, is amended to
133	135		read as follows:
134	136		Sec. 437.201. CERTIFICATION OF MILITARY UNITS. The
135	137		adjutant general shall issue each unit of the Texas Army National
136	138		Guard and Texas Air National Guard, and the director shall issue
137	139		each unit of the Texas State Guard, a certificate stating that the
138	140		unit has been duly organized according to the laws and regulations
139	141		of the Texas military forces and is entitled to the rights, powers,
140	142		privileges, amenities, and immunities conferred by law and military
141	143		regulation. The certificate is evidence in a state court that the
142	144		unit is duly incorporated.
143	145		SECTION 12. Sections 437.206(b) and (f), Government Code,
144	146		are amended to read as follows:
145	147		(b) On the recommendation of the commanding officer or
146	148		noncommissioned officer of the Texas military forces, the governor
147	149		may confer on the officer or noncommissioned officer a brevet of a
148	150		grade higher than the ordinary commission or brevet held by the
149	151		officer or noncommissioned officer for gallant conduct or
150	152		meritorious military service. The adjutant general shall specify
151	153		the criteria for gallant conduct or meritorious military service
152	154		for a member of the Texas Army National Guard or Texas Air National
153	155		Guard. The director shall specify the criteria for gallant conduct
154	156		or meritorious military service for a member of the Texas State
155	157		Guard.
156	158		(f) The governor may delegate to the adjutant general the
157	159		powers granted by this section with respect to the Texas Army
158	160		National Guard or Texas Air National Guard and may delegate to the
159	161		director the powers granted by this section with respect to the
160	162		Texas State Guard [to the adjutant general].
161	163		SECTION 13. Sections 437.211(a) and (c), Government Code,
162	164		are amended to read as follows:
163	165		(a) The commanding officer of each unit is the custodian of
164	166		the unit fund. The commanding officer shall:
165	167		(1) receive, keep, properly disburse, and document the
166	168		use of the money in the fund; and
167	169		(2) submit to the department, if the unit is a unit of
168	170		the Texas Army National Guard or Texas Air National Guard, or to the
169	171		governor if the unit is a unit of the Texas State Guard, an itemized
170	172		statement of money received and disbursed during the preceding
171	173		reporting period:
172	174		(A) on September 1 of each year; and
173	175		(B) when there is a change of the commanding
174	176		officer of the unit.
175	177		(c) A unit fund is a special fund held outside the state
176	178		treasury to be administered by the commanding officer of the unit
177	179		without further appropriation. A unit fund is not subject to
178	180		Chapter 2256. The department shall develop policies and procedures
179	181		concerning the administration of unit [the] funds for which the
180	182		custodian is a commanding officer of the Texas Army National Guard
181	183		or Texas Air National Guard. The governor shall, in consultation
182	184		with the director, develop policies and procedures concerning the
183	185		administration of unit funds for which the custodian is a
184	186		commanding officer of the Texas State Guard. If any part of the
185	187		fund remains unexpended and unobligated at the end of the state
186	188		fiscal year, that amount is dedicated for the same purposes in the
187	189		subsequent year. Money in the fund may not be diverted for any
188	190		other purpose.
189	191		SECTION 14. Section 437.212, Government Code, is amended by
190	192		amending Subsections (f-1) and (g) and adding Subsection (f-2) to
191	193		read as follows:
192	194		(f-1) The department shall require payment of the cost
193	195		associated with paying the state contribution of a member of the
194	196		Texas Army National Guard or Texas Air National Guard [state
195	197		military forces] who elects to participate in the state group
196	198		benefits program under Subsection (f) by the person responsible for
197	199		paying for the mission for which the member is on state active duty
198	200		or state training and other duty. On receipt of payment, the
199	201		department shall reimburse the board of trustees of the Employees
200	202		Retirement System of Texas for that cost.
201	203		(f-2) The director shall require payment of the cost
202	204		associated with paying the state contribution of a member of the
203	205		Texas State Guard who elects to participate in the state group
204	206		benefits program under Subsection (f) by the person responsible for
205	207		paying for the mission for which the member is on state active duty
206	208		or state training and other duty. On receipt of payment, the
207	209		governor shall reimburse the board of trustees of the Employees
208	210		Retirement System of Texas for that cost.
209	211		(g) The director, adjutant general, and the Employees
210	212		Retirement System of Texas shall coordinate and consult to
211	213		implement the benefits program provided by Subsection (f) and shall
212	214		adopt a memorandum of understanding to establish:
213	215		(1) the procedures that a member of the state military
214	216		forces may use to elect to participate in the state group benefits
215	217		program;
216	218		(2) an appropriate method to annually confirm
217	219		continuing eligibility to participate in the group benefits
218	220		program; and
219	221		(3) an appropriate method of administering the
220	222		reimbursement of the state contribution as required by Subsections
221	223		[Subsection] (f-1) and (f-2).
222	224		SECTION 15. Section 437.219(c), Government Code, is amended
223	225		to read as follows:
224	226		(c) The director [adjutant general] shall set the daily pay
225	227		rate and allowance rate for state active duty and for state training
226	228		and other duty for Texas State Guard service members called to duty
227	229		or training under this chapter. The rate established by the
228	230		director [adjutant general] may not exceed the meal and lodging
229	231		rate set by the comptroller by more than $25 per day. The director
230	232		[department] shall publish information about the established pay
231	233		rates on the Texas State Guard's [department's] Internet website.
232	234		SECTION 16. Section 437.221, Government Code, is amended to
233	235		read as follows:
234	236		Sec. 437.221. OTHER DUTY AND COMMUNITY SERVICE MISSIONS.
235	237		(a) The governor or the adjutant general, if designated by the
236	238		governor, may require other duty for officers and enlisted persons
237	239		in the Texas military forces. The other duty may include community
238	240		service missions.
239	241		(b) If designated by the governor under Subsection (a), the
240	242		adjutant general may require other duty only for officers and
241	243		enlisted persons of the Texas Army National Guard or Texas Air
242	244		National Guard.
243	245		SECTION 17. Section 437.225(a), Government Code, is amended
244	246		to read as follows:
245	247		(a) A service member may be discharged from the Texas
246	248		military forces according to regulations adopted by the governor or
247	249		the adjutant general, if delegated authority, or by federal law or
248	250		regulations. The governor may delegate to the adjutant general
249	251		authority under this section only with respect to service members
250	252		of the Texas Army National Guard or Texas Air National Guard.
251	253		SECTION 18. Section 437.228(a), Government Code, is amended
252	254		to read as follows:
253	255		(a) A service member to whom [the department issues] a
254	256		uniform or other military property is issued shall give a receipt
255	257		for the uniform or property. The adjutant general or the director,
256	258		as appropriate, shall prescribe the manner in which the uniform and
257	259		property shall be accounted for and kept.
258	260		SECTION 19. Section 437.229, Government Code, is amended to
259	261		read as follows:
260	262		Sec. 437.229. UNIFORM. (a) Except as provided by
261	263		Subsection (b), the uniform of the officers and enlisted service
262	264		members of the Texas military forces is the uniform prescribed for
263	265		the United States armed forces with modifications that the
264	266		governor, or adjutant general if delegated the authority, considers
265	267		necessary. The governor may delegate to the adjutant general
266	268		authority under this section only with respect to uniforms issued
267	269		to officers and enlisted service members of the Texas Army National
268	270		Guard or Texas Air National Guard.
269	271		(b) The uniforms of the officers and enlisted personnel of
270	272		the Texas State Guard are the uniforms prescribed for the United
271	273		States armed forces with any modifications the governor[, or the
272	274		adjutant general if delegated the authority by the governor,]
273	275		considers necessary to distinguish the Texas State Guard from the
274	276		Texas National Guard.
275	277		SECTION 20. Section 437.231, Government Code, is amended to
276	278		read as follows:
277	279		Sec. 437.231. SEIZURE. (a) On a finding by the adjutant
278	280		general or the director that a person unlawfully possesses, and
279	281		refuses or fails to deliver up, arms, equipment, or other military
280	282		property issued by the department or Texas State Guard for use of
281	283		the Texas military forces, the governor may by warrant command the
282	284		sheriff of the county in which the person resides or is located to
283	285		seize the arms, equipment, or other military property and keep the
284	286		property subject to the governor's further order. The sheriff in
285	287		executing the warrant may invoke the power of the county.
286	288		(b) Each sheriff may collect military arms or property
287	289		issued by the department or Texas State Guard that is liable to loss
288	290		or in the hands of unauthorized persons and safely keep the arms and
289	291		property subject to order of the governor. The sheriff shall make a
290	292		report of the collection to the governor. The sheriff's official
291	293		bond covers faithful performance of duties under this subchapter.
292	294		SECTION 21. Subchapter G, Chapter 437, Government Code, is
293	295		amended to read as follows:
294	296		SUBCHAPTER G. TEXAS STATE GUARD
295	297		Sec. 437.301. INDEPENDENT STATE AGENCY; TRANSFER OF DUTIES;
296	298		REFERENCE. (a) The Texas State Guard is a state agency charged
297	299		with protecting and defending the people of this state from all
298	300		natural and man-made threats to public safety.
299	301		(b) Notwithstanding any other law, the Texas State Guard is
300	302		not subject to the control, supervision, or direction of the
301	303		department for any purpose, including personnel, purchasing,
302	304		transactions involving real or personal property, and budgetary
303	305		matters.
304	306		(c) The director shall coordinate with the adjutant general
305	307		to:
306	308		(1) establish a clear delineation of responsibilities
307	309		between the Texas State Guard and the department;
308	310		(2) develop a strategy for the maintenance of
309	311		properties used by both the Texas State Guard and the department;
310	312		and
311	313		(3) ensure that missions of the Texas State Guard
312	314		remain relevant and responsive as a force provider to this state.
313	315		(d) On request of the director, the department shall provide
314	316		administrative support and services to the Texas State Guard.
315	317		Sec. 437.302. DIRECTOR; JURISDICTION; RESPONSIBILITIES,
316	318		QUALIFICATIONS, AND REMOVAL. (a) The director is the governing
317	319		officer and executive head [COMMANDER. The commander] of the Texas
318	320		State Guard and is responsible:
319	321		(1) for the welfare, strength, and management of the
320	322		Texas State Guard;
321	323		(2) for the [organization,] training[,] and
322	324		administration of all Texas State Guard components; and
323	325		(3) [to the adjutant general to ensure the Texas State
324	326		Guard missions remain relevant and responsive as a force provider
325	327		to this state; and
326	328		[(4)] to field and staff the volunteer components of
327	329		the Texas State Guard.
328	330		(b) In addition to the duties prescribed by Subsection (a),
329	331		the director shall:
330	332		(1) establish by rule the chain of command and the
331	333		organizational and administrative structure of the Texas State
332	334		Guard;
333	335		(2) prepare and submit a biennial budget request to
334	336		the governor, lieutenant governor, and speaker of the house of
335	337		representatives;
336	338		(3) appear before appropriate legislative committees
337	339		to provide updates on the operations and readiness of the Texas
338	340		State Guard; and
339	341		(4) with approval of the governor, adopt rules
340	342		necessary to carry out this subchapter.
341	343		(c) To be eligible for appointment as director, an
342	344		individual must have at least 15 years of service as an officer of
343	345		not less than colonel in the Texas State Guard.
344	346		(d) It is grounds for removal from office by the governor if
345	347		the director:
346	348		(1) does not have at the time of appointment by the
347	349		governor the qualifications required by this section; or
348	350		(2) cannot, because of illness or disability,
349	351		discharge the director's duties for a substantial part of the
350	352		director's term.
351	353		Sec. 437.303 [437.302]. COMPOSITION; PERSONNEL; CODE OF
352	354		CONDUCT. (a) The Texas State Guard is composed of units the
353	355		governor, or director [adjutant general] if delegated the
354	356		authority, considers advisable and administrative employees hired
355	357		by the director under Subsection (g).
356	358		(b) The governor shall commission all officers of the Texas
357	359		State Guard.
358	360		(c) To serve in the Texas State Guard, a person:
359	361		(1) must be a resident of this state for at least 180
360	362		days;
361	363		(2) must be a citizen of the United States [or a person
362	364		who has been lawfully admitted to the United States for permanent
363	365		residence under the Immigration and Nationality Act (8 U.S.C.
364	366		Section 1101 et seq.)];
365	367		(3) [subject to Subsections (c) and (d), must be at
366	368		least 17 years of age and not older than 70 years of age;
367	369		[(4)] must undergo a criminal history check;
368	370		(4) [(5)] must not:
369	371		(A) be a current active or reserve duty service
370	372		member in the United States armed forces or other state military
371	373		forces; or
372	374		(B) have previously been:
373	375		(i) convicted of a felony or other offense
374	376		involving moral turpitude; or
375	377		(ii) separated from the United States armed
376	378		forces or Texas military forces under a discharge other than an
377	379		honorable discharge or a discharge under honorable conditions [be a
378	380		registered sex offender]; [and]
379	381		(5) [(6)] must be acceptable to and approved by the
380	382		governor or director [adjutant general] under the governor's
381	383		direction; and
382	384		(6) must meet all criteria established under
383	385		Subsection (d).
384	386		(d) The director shall establish by rule minimum standards
385	387		for age, health, and physical condition of applicants based on the
386	388		needs of the Texas State Guard.
387	389		(e) Notwithstanding any other law, an individual seeking to
388	390		volunteer with the Texas State Guard is considered an employee or
389	391		applicant for employment, as applicable, for purposes of Chapter
390	392		21, Labor Code.
391	393		(f) The director shall, with the approval of the governor,
392	394		develop and implement by rule a code of regulations and conduct for
393	395		the administration and discipline of members of the Texas State
394	396		Guard.
395	397		(g) The director may hire employees as necessary to carry
396	398		out the administrative and other support operations of the Texas
397	399		State Guard.
398	400		[(c) The adjutant general may adopt a policy regarding
399	401		waiver of the maximum age requirement under Subsection (b)(3).
400	402		[(d) A person who is at least 17 years of age but younger
401	403		than 18 years of age may serve in the Texas State Guard if the
402	404		person:
403	405		[(1) is emancipated by marriage, court order, or other
404	406		operation of law; or
405	407		[(2) provides to the adjutant general, in a form and
406	408		manner prescribed by the adjutant general, the written consent of:
407	409		[(A) each of the person's parents or legal
408	410		guardians, other than a parent or legal guardian who is:
409	411		[(i) deceased;
410	412		[(ii) determined by a court to be
411	413		incapacitated;
412	414		[(iii) absent at an unknown location for an
413	415		indefinite period; or
414	416		[(iv) confined in jail or prison serving a
415	417		term of punishment that will result in the parent or guardian being
416	418		released after the person's 18th birthday; or
417	419		[(B) for a person who is in the managing
418	420		conservatorship of the Department of Family and Protective Services
419	421		or another legal entity, a representative of the department or
420	422		other legal entity.]
421	423		Sec. 437.304. RECRUITMENT AND RETENTION. The director
422	424		shall:
423	425		(1) develop and implement a targeted recruitment
424	426		campaign to attract skilled professionals with diverse
425	427		backgrounds;
426	428		(2) develop a comprehensive retention strategy,
427	429		including improved training opportunities, clear career
428	430		progression paths, and recognition programs; and
429	431		(3) establish partnerships with institutions of
430	432		higher education, as defined by Section 61.003.
431	433		Sec. 437.305 [437.303]. GOVERNOR'S AUTHORITY. (a) The
432	434		governor has full control and authority over the Texas State Guard.
433	435		(b) In addition to any other rules adopted by the governor
434	436		or director under this subchapter, the [The] governor may adopt
435	437		regulations governing enlistment, organization, administration,
436	438		uniforms, equipment, maintenance, command, training, and
437	439		discipline of the Texas State Guard. [The regulations to the extent
438	440		practicable and desirable must conform to law and regulations
439	441		governing the Texas National Guard.]
440	442		(c) Except as otherwise provided by law, the [The] governor
441	443		may delegate the powers granted by this section to the director
442	444		[adjutant general].
443	445		Sec. 437.306. ORGANIZATION; SPECIALIZED UNITS. (a) The
444	446		director shall organize the following specialized units within the
445	447		Texas State Guard:
446	448		(1) a crisis response battalion;
447	449		(2) an aviation response squadron;
448	450		(3) a maritime response squadron;
449	451		(4) a special missions unit;
450	452		(5) a border security unit;
451	453		(6) a medical unit;
452	454		(7) a technology and cybersecurity unit;
453	455		(8) a special operations unit; and
454	456		(9) any additional specialized units as necessary to
455	457		meet the state's security and emergency response needs.
456	458		(b) The director may grant a member of a specialized unit
457	459		the authority to detect and apprehend an individual in the
458	460		performance of the member's duties while activated. The director
459	461		shall adopt rules to implement this subsection, including rules
460	462		requiring that a member complete certain training and receive a
461	463		certification to be eligible to be granted authority to detect and
462	464		apprehend individuals under this subsection.
463	465		Sec. 437.307. TRAINING AND EQUIPMENT; COMMUNICATIONS
464	466		INFRASTRUCTURE. (a) The director shall develop and implement
465	467		training programs for members of the Texas State Guard, including:
466	468		(1) specialized training programs focused on natural
467	469		and man-made disasters or other scenarios relevant to this state,
468	470		including hurricanes, floods, wildfires, and border security
469	471		operations;
470	472		(2) regular joint exercises with the Texas National
471	473		Guard and other relevant state agencies; and
472	474		(3) trainings on incident command systems, emergency
473	475		management principles, and interagency coordination.
474	476		(b) The Texas State Guard shall provide all equipment
475	477		necessary for the training and service of its members, including:
476	478		(1) high-water vehicles;
477	479		(2) unmanned aerial systems for damage assessment;
478	480		(3) mobile command posts; and
479	481		(4) specialized tools for disaster response and border
480	482		security.
481	483		(c) In addition to equipment provided by the Texas State
482	484		Guard under Subsection (b), the Texas State Guard shall establish a
483	485		communications infrastructure to ensure seamless coordination
484	486		among units of the Texas State Guard, units of other Texas military
485	487		forces, or other state agencies as necessary.
486	488		(d) The director shall establish clear protocols for
487	489		equipment use and maintenance by members of the Texas State Guard,
488	490		including liability for misuse of or damage to personal equipment
489	491		used during training and missions.
490	492		Sec. 437.308 [437.304]. FUNDING; ASSISTANCE. (a) Funds or
491	493		other property or services may be solicited by or donated to the
492	494		Texas State Guard or a unit in the Texas State Guard by any public or
493	495		private entity, including:
494	496		(1) a state agency or department;
495	497		(2) a political subdivision, including a county,
496	498		municipality, or public school district; or
497	499		(3) a special purpose district or authority.
498	500		(b) A public school district may permit the Texas State
499	501		Guard to use a school building.
500	502		(c) The director may enter into agreements with a public or
501	503		private entity for the shared use of facilities, equipment, or
502	504		other resources beneficial to the Texas State Guard's mission.
503	505		(d) The director shall implement a transparent budgeting
504	506		process that clearly identifies and delineates funding streams
505	507		within the Texas State Guard.
506	508		(e) The assistance solicited or received and any agreement
507	509		entered into under this section is governed by the policies and
508	510		regulations adopted by the director [adjutant general].
509	511		Sec. 437.309. ACTIVATION. (a) In addition to the purposes
510	512		described by Sections 431.111, 437.005, and 437.311, the governor
511	513		may, to the extent consistent with the United States and Texas
512	514		Constitutions, call all or part of the Texas State Guard to state
513	515		active duty:
514	516		(1) during any period when any part of the Texas
515	517		National Guard is serving on active federal military duty;
516	518		(2) to preserve the public peace, execute the laws of
517	519		this state, enhance domestic security, respond to terrorist threats
518	520		or attacks, protect and defend the people of this state from threats
519	521		to public safety, or respond to a disaster as defined by Section
520	522		418.004; or
521	523		(3) to assist a state agency or political subdivision
522	524		in carrying out its duties by law.
523	525		(b) Notwithstanding any other law, state active duty of a
524	526		unit of the Texas State Guard activated under this subchapter or
525	527		Chapter 431 may be terminated by:
526	528		(1) the expiration of the order calling the unit to
527	529		state active duty; or
528	530		(2) a separate order issued by the governor.
529	531		(c) The director shall establish clear protocols for rapid
530	532		mobilization and deployment of the Texas State Guard, including by
531	533		establishing preapproved mission sets for common disaster
532	534		scenarios.
533	535		Sec. 437.310 [437.305]. EMPLOYEES IN STATE GUARD;
534	536		EMERGENCY LEAVE. A state employee called to state active duty as a
535	537		member of the Texas State Guard by the governor or other appropriate
536	538		authority in response to a natural or man-made disaster is entitled
537	539		to receive paid emergency leave without loss of military leave
538	540		under Section 437.202 or annual leave.
539	541		Sec. 437.311 [437.306]. USE OUTSIDE STATE; FRESH PURSUIT
540	542		FROM OR INTO STATE. (a) Except as provided by Subsections (b) and
541	543		(c), the Texas State Guard may not be required to serve outside the
542	544		state.
543	545		(b) The governor, on request of the governor of another
544	546		state, may order all or part of the Texas State Guard to assist a
545	547		military or civil authority of that state in defending that state.
546	548		The governor may recall these forces.
547	549		(c) If authorized by the law of another state, an
548	550		organization, unit, or detachment of the Texas State Guard, on
549	551		order of the officer in immediate command, may continue in fresh
550	552		pursuit of an insurrectionist, a saboteur, an enemy, or enemy
551	553		forces into that state until the apprehension or capture of the
552	554		person or forces pursued or until military or police forces of that
553	555		state or the United States have had a reasonable opportunity to
554	556		apprehend, capture, or take up the pursuit of the person or forces.
555	557		The Texas State Guard without unnecessary delay shall surrender a
556	558		person apprehended or captured in another state to the military or
557	559		police forces of that state or the United States. This surrender is
558	560		not a waiver by this state of a right to extradite or prosecute the
559	561		person for a crime committed in this state.
560	562		(d) Military forces of another state may continue a fresh
561	563		pursuit into this state in the same manner permitted the Texas State
562	564		Guard under Subsection (c). The military forces of the other state
563	565		shall without unnecessary delay surrender a person captured or
564	566		arrested in this state to the military or police forces of this
565	567		state to be dealt with according to law. This subsection does not
566	568		prohibit an arrest in this state permitted by other law.
567	569		Sec. 437.312 [437.307]. FEDERAL SERVICE. This chapter does
568	570		not authorize the calling, ordering, or drafting of all or part of
569	571		the Texas State Guard into military service of the United States. A
570	572		person is not exempted by enlistment or commission in the Texas
571	573		State Guard from military service under federal law.
572	574		Sec. 437.313. RECOGNITION. The director shall establish a
573	575		program to recognize and reward outstanding service by members of
574	576		the Texas State Guard.
575	577		Sec. 437.314. COORDINATION WITH OTHER AGENCIES. (a) The
576	578		Texas State Guard shall coordinate with the Texas Division of
577	579		Emergency Management, the Texas Department of Public Safety, the
578	580		department, and other relevant state and local agencies to ensure
579	581		effective integration of efforts during emergencies and disasters.
580	582		(b) The director shall designate liaisons to promote
581	583		ongoing coordination and information sharing with state agencies as
582	584		necessary.
583	585		Sec. 437.315. REPORTING AND OVERSIGHT. (a) The director
584	586		shall, not later than December 1 of each year, submit an annual
585	587		report to the governor, lieutenant governor, and speaker of the
586	588		house of representatives on the activities, expenditures during the
587	589		preceding fiscal year, and readiness status of the Texas State
588	590		Guard.
589	591		(b) Not later than November 1 of each even-numbered year,
590	592		the state auditor's office shall conduct an audit of the Texas State
591	593		Guard's compliance with the laws of this state.
592	594		Sec. 437.316 [437.308]. RECORDS; ARMS; EQUIPMENT. (a) The
593	595		director [commander of the Texas State Guard] shall maintain and
594	596		preserve the individual and unit records of the Texas State Guard
595	597		and the Texas State Guard Honorary Reserve.
596	598		(b) The governor may request for use of the Texas State
597	599		Guard arms and equipment that the United States government
598	600		possesses and can spare. The governor, or the director [adjutant
599	601		general] if delegated the authority by the governor, shall make
600	602		available to the Texas State Guard state armories and available
601	603		state property.
602	604		Sec. 437.317 [437.309]. TEXAS STATE GUARD HONORARY
603	605		RESERVE. (a) The governor, or director [adjutant general] under
604	606		the governor's authority and direction, may transfer to the Texas
605	607		State Guard Honorary Reserve an officer or enlisted service member
606	608		of the Texas State Guard who:
607	609		(1) is physically disabled;
608	610		(2) is at least 60 years of age; or
609	611		(3) has served the federal or state military
610	612		satisfactorily for at least 20 years.
611	613		(b) The governor may advance the service member one grade or
612	614		rank at the time of the transfer into the honorary reserve. For a
613	615		service member who is not a general officer, the director [adjutant
614	616		general] may advance the service member one grade or rank at the
615	617		time of the transfer into the honorary reserve.
616	618		Sec. 437.318 [437.310]. TEXAS STATE GUARD UNIFORM AND
617	619		INSIGNIA FUND. (a) A special revolving fund is established outside
618	620		the state treasury to be known as the Texas State Guard uniform and
619	621		insignia fund. The fund may be used only to purchase uniforms and
620	622		insignia to be used by members of the Texas State Guard. The fund
621	623		shall be administered in accordance with Section 437.211.
622	624		(b) The fund consists of:
623	625		(1) donations made to the fund;
624	626		(2) revenue received by the Texas State Guard from the
625	627		sale of uniforms and insignia to members of the guard;
626	628		(3) depository interest and investment income earned
627	629		on money in the fund; and
628	630		(4) money appropriated, credited, or transferred to
629	631		the fund by the legislature.
630	632		(c) If any part of the fund remains unexpended and
631	633		unobligated at the end of the state fiscal year, that amount is
632	634		dedicated for the same purposes in the subsequent year. Money in
633	635		the fund may not be diverted for any other purpose.
634	636		SECTION 22. Section 437.355, Government Code, is amended by
635	637		amending Subsections (a) and (c) and adding Subsection (a-1) to
636	638		read as follows:
637	639		(a) The governor or adjutant general, if delegated the
638	640		authority, may adopt policies and regulations relating to awarding:
639	641		(1) the Texas Purple Heart Medal, which shall be
640	642		awarded to a service member who:
641	643		(A) after September 11, 2001:
642	644		(i) was inducted into federal service from
643	645		the Texas National Guard; and
644	646		(ii) meets the criteria for an award of the
645	647		federal Purple Heart Medal; or
646	648		(B) was wounded or killed at Fort Hood on
647	649		November 5, 2009;
648	650		(2) the Texas Superior Service Medal, which shall be
649	651		awarded to:
650	652		(A) a service member of the Texas military forces
651	653		who has:
652	654		(i) completed 30 or more years of honorable
653	655		state service or a combination of state and federal service; and
654	656		(ii) continually demonstrated superior
655	657		performance and service while assigned to key leadership positions
656	658		demanding responsibility; or
657	659		(B) a civilian who has contributed significant
658	660		service to the Texas military forces;
659	661		(3) the Lone Star Distinguished Service Medal, which
660	662		shall be awarded to a member of the military forces of this state,
661	663		another state, or the United States for exceptionally outstanding
662	664		achievement or service to this state in performance of a duty of
663	665		great responsibility while serving with the Texas military forces
664	666		for whom the department, Texas State Guard, or governor, as
665	667		applicable, receives a letter of recommendation for award of the
666	668		Lone Star Distinguished Service Medal that:
667	669		(A) gives an account of the exceptional
668	670		achievement or service; and
669	671		(B) includes facts and photographs, and extracts
670	672		from official documents to support and amplify the facts;
671	673		(4) the Texas Outstanding Service Medal, which shall
672	674		be awarded to a service member of the military forces of this state,
673	675		another state, or the United States who has performed service,
674	676		either individually or as a member of a crew, in a superior and
675	677		clearly outstanding manner;
676	678		(5) the Texas Humanitarian Service Medal, which shall
677	679		be awarded to a service member who:
678	680		(A) does not meet the criteria for an award of the
679	681		federal Humanitarian Service Medal;
680	682		(B) is a member of the Texas military forces; and
681	683		(C) while serving on state active duty or active
682	684		duty under state authority in accordance with Title 32, United
683	685		States Code, participates satisfactorily in defense support to a
684	686		mission under civilian authority to protect life or property during
685	687		or soon after a natural disaster or civil unrest in the state;
686	688		(6) the Texas Homeland Defense Service Medal, which
687	689		shall be awarded to a service member of the Texas military forces
688	690		who served:
689	691		(A) on or after September 11, 2001;
690	692		(B) on state active duty or active duty under
691	693		state authority in accordance with Title 32, United States Code;
692	694		and
693	695		(C) satisfactorily in defense support to a
694	696		mission in the state under civilian authority;
695	697		(7) the Federal Service Medal, which shall be awarded
696	698		to a service member who was inducted into federal service from the
697	699		Texas military forces between June 15, 1940, and January 1, 1946, or
698	700		after June 1, 1950, if the service was for more than 90 days;
699	701		(8) the Texas Combat Service Ribbon, which shall be
700	702		awarded to a service member of the Texas National Guard who served,
701	703		after September 11, 2001, in a hostile fire zone as designated by
702	704		the United States secretary of defense;
703	705		(9) the Texas Faithful Service Medal, which shall be
704	706		awarded to a member of the Texas military forces who has completed
705	707		five years of honorable service during which the service member has
706	708		shown fidelity to duty, efficient service, and great loyalty to
707	709		this state;
708	710		(10) the Texas Medal of Merit, which shall be awarded
709	711		to a member of the military forces of this state, another state, or
710	712		the United States who performs outstanding service or attains
711	713		extraordinary achievement, either individually or as a member of a
712	714		crew, in behalf of the state or United States;
713	715		(11) the Texas State Guard Service Medal, which shall
714	716		be awarded to a service member who completes three consecutive
715	717		years of honorable service in the Texas State Guard during which the
716	718		service member has shown fidelity to duty, efficient service, and
717	719		great loyalty to this state;
718	720		(12) the Texas Desert Shield/Desert Storm Campaign
719	721		Medal, which shall be awarded to a service member who was inducted
720	722		into federal service from the Texas National Guard after August 1,
721	723		1990, in support of Operation Desert Shield or Operation Desert
722	724		Storm, without regard to the place that the service member was
723	725		deployed while serving on active federal military duty;
724	726		(13) the Texas Iraqi Campaign Medal, which shall be
725	727		awarded to a service member who was inducted into federal service
726	728		from the Texas National Guard, without regard to the place that the
727	729		service member was deployed while serving on active federal
728	730		military duty, after:
729	731		(A) March 19, 2003, in support of Operation Iraqi
730	732		Freedom; or
731	733		(B) August 31, 2010, in support of Operation New
732	734		Dawn;
733	735		(14) the Texas Afghanistan Campaign Medal, which shall
734	736		be awarded to a service member who was inducted into federal service
735	737		from the Texas National Guard after October 6, 2001, in support of
736	738		Operation Enduring Freedom, without regard to the place that the
737	739		service member was deployed while serving on active federal
738	740		military duty;
739	741		(15) the Cold War Medal, which, subject to Subsection
740	742		(c), shall be awarded to a member of the military forces of this
741	743		state or the United States who:
742	744		(A) served between September 2, 1945, and
743	745		December 26, 1991; and
744	746		(B) was a resident of this state at the time the
745	747		service member entered military service; and
746	748		(16) the Texas Border Security and Support Service
747	749		Ribbon, which shall be awarded to a service member of the military
748	750		forces of this state, another state, or the United States who
749	751		served:
750	752		(A) on or after July 28, 2014;
751	753		(B) on state active duty or active duty under
752	754		state authority in accordance with Title 32, United States Code,
753	755		for at least 90 consecutive days, or in response to an emergency
754	756		activation; and
755	757		(C) honorably in support of operations under
756	758		civilian authority to secure this state's international border.
757	759		(a-1) Notwithstanding Subsection (a), the governor may
758	760		delegate authority to the adjutant general under that subsection
759	761		only with respect to the adoption of policies and regulations
760	762		relating to awards for members of the Texas Army National Guard and
761	763		Texas Air National Guard.
762	764		(c) A person described by Subsection (a)(15) may be awarded
763	765		a Cold War Medal only if:
764	766		(1) a federal Cold War Medal or an equivalent federal
765	767		medal is not available to be awarded; and
766	768		(2) a fee in the amount necessary to cover the costs of
767	769		awarding the medal is paid to:
768	770		(A) for a medal awarded to a member of the Texas
769	771		Army National Guard or Texas Air National Guard, the adjutant
770	772		general; or
771	773		(B) for a medal awarded to a member of the Texas
772	774		State Guard, the director [general's department].
773	775		SECTION 23. Section 437.357, Government Code, is amended to
774	776		read as follows:
775	777		Sec. 437.357. DESIGN; RIBBONS. (a) The department shall
776	778		design and have manufactured the medals, awards, decorations, and
777	779		ribbons awarded under this subchapter and others that the adjutant
778	780		general or director has approved for award.
779	781		(b) The governor, department, or Texas State Guard may
780	782		purchase or replace medals, awards, decorations, and ribbons
781	783		authorized under this subchapter for the recipient, the decedent's
782	784		family, and nonprofit and governmental entities honoring the
783	785		recipient or decedent.
784	786		(c) The adjutant general shall adopt regulations
785	787		prescribing when a ribbon issued by the adjutant general may be
786	788		appropriately worn instead of the medal it symbolizes. The
787	789		governor, in consultation with the director, shall adopt
788	790		regulations prescribing when a ribbon issued by the governor or
789	791		director may be appropriately worn instead of the medal it
790	792		symbolizes.
791	793		SECTION 24. The following provisions of the Government Code
792	794		are repealed:
793	795		(1) Section 437.003(d); and
794	796		(2) Section 437.103.
795	797		SECTION 25. (a) Not later than September 1, 2026, all
796	798		employees and volunteers of the Texas Military Department who
797	799		primarily perform duties related to a duty, function, or activity
798	800		transferred by this Act, including employees who provide
799	801		administrative support for those functions and services, are
800	802		transferred to the Texas State Guard.
801	803		(b) A rule, form, policy, procedure, or decision of the
802	804		Texas Military Department that is related to a duty, function, or
803	805		activity transferred by this Act continues in effect as a rule,
804	806		form, policy, procedure, or decision of the Texas State Guard until
805	807		superseded by an act of the governor or director of the Texas State
806	808		Guard.
807	809		(c) A court case, administrative proceeding, contract
808	810		negotiation, or other proceeding involving the Texas Military
809	811		Department that is related to a duty, function, or activity
810	812		transferred by this Act to the Texas State Guard is transferred
811	813		without change to the Texas State Guard, and the Texas State Guard
812	814		assumes, without a change in status until superseded by an act of
813	815		the governor or director of the Texas State Guard, the position of
814	816		the Texas Military Department in a negotiation or proceeding
815	817		relating to a duty, function, or activity transferred by this Act to
816	818		the Texas State Guard to which the Texas Military Department is a
817	819		party.
818	820		(d) Not later than September 1, 2026, all money, contracts,
819	821		memoranda of understanding, leases, rights, bonds, or obligations
820	822		of the Texas Military Department related to a duty, function, or
821	823		activity transferred by this Act to the Texas State Guard are
822	824		transferred to the Texas State Guard.
823	825		(e) Not later than September 1, 2026, all personal property,
824	826		including databases, records, and related information technology,
825	827		in the custody of the Texas Military Department related to a duty,
826	828		function, or activity transferred by this Act to the Texas State
827	829		Guard becomes the property of the Texas State Guard.
828	830		SECTION 26. As soon as practicable after the governor
829	831		appoints a director as required by Section 437.003(c), Government
830	832		Code, as amended by this Act, to accomplish the transfer of duties
831	833		and functions under this Act, the Texas State Guard and the Texas
832	834		Military Department shall adopt a memorandum of understanding that
833	835		identifies and allocates between the Texas State Guard and the
834	836		Texas Military Department the property, employees, and other items
835	837		transferred in accordance with this Act. The memorandum of
836	838		understanding must also:
837	839		(1) identify and allocate between the Texas State
838	840		Guard and the Texas Military Department the employees and real and
839	841		personal property of the Texas Military Department, including
840	842		space, used to generally support the activities of the Texas
841	843		Military Department related to a duty, function, or activity
842	844		transferred by this Act; and
843	845		(2) provide a schedule for any necessary or advisable
844	846		transfer of the physical location of employees and property.
845	847		SECTION 27. (a) Not later than February 1, 2026, the
846	848		governor shall appoint the director of the Texas State Guard as
847	849		required by Section 437.003(c), Government Code, as amended by this
848	850		Act.
849	851		(b) Until the director of the Texas State Guard is appointed
850	852		by the governor in the manner provided by Section 437.003,
851	853		Government Code, as amended by this Act, the governor shall,
852	854		notwithstanding any provision of Chapter 437, Government Code, as
853	855		amended by this Act, serve as the sole governing officer and
854	856		executive head of the Texas State Guard.
855	857		SECTION 28. This Act takes effect September 1, 2025.