By: Hopper H.B. No. 4914
A BILL TO BE ENTITLED
AN ACT
relating to the organization, powers, and authority of the Texas
State Guard, including the powers and authority of the adjutant
general and governor relating to the Texas State Guard.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.001, Government Code, is amended by
amending Subdivisions (2) and (13) and adding Subdivision (3-a) to
read as follows:
(2) "Adjutant general" means the military commander of
the Texas Army National Guard and Texas Air National Guard
[military forces].
(3-a) "Director" means the military commander of the
Texas State Guard.
(13) "Texas Military Department" means the state
agency charged with administrative activities in support of the
Texas Army National Guard and Texas Air National Guard [military
forces].
SECTION 2. Section 437.002(b), Government Code, is amended
to read as follows:
(b) If the governor is unable to perform the duties of
commander-in-chief, the successor to the governor's authority as
provided by the state constitution or other state law[adjutant
general] shall command the Texas military forces[, unless the state
constitution or other state law requires the lieutenant governor or
the president of the senate to perform the duties of governor]. The
authority of the adjutant general under this section to command the
Texas military forces applies only to the Texas Army National Guard
and Texas Air National Guard.
SECTION 3. Sections 437.003(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The governor, with the advice and consent of the senate,
shall appoint an adjutant general to a two-year term expiring
February 1 of each even-numbered year. The adjutant general is
responsible for leading and managing the Texas Army National Guard
and Texas Air National Guard [military forces]. The adjutant
general is subordinate only to the governor in matters pertaining
to the Texas Army National Guard and Texas Air National Guard
[military forces]. The adjutant general's rank is assigned at the
discretion of the governor and may not exceed lieutenant general.
Federal recognition is at the rank authorized by the National Guard
Bureau. [The adjutant general may be referred to as the commanding
general of the Texas military forces.]
(b) On recommendation of the adjutant general, the governor
shall appoint a deputy adjutant general for army and[,] a deputy
adjutant general for air[, and the commander of the Texas State
Guard]. The deputy adjutants general [and commander] serve until
replaced. To be qualified for appointment as a deputy adjutant
general, a service member must have the qualifications required for
appointment as adjutant general.
(c) The governor, with the advice and consent of the senate,
shall appoint a director of the Texas State Guard to a two-year term
expiring February 1 of each even-numbered year. To be qualified for
appointment as director, a person must have the qualifications
required by Section 437.302. The director is responsible for
leading and managing the Texas State Guard. The director is
subordinate only to the governor in matters pertaining to the Texas
State Guard. The governor shall[,] commission[,] and assign the
Texas State Guard general officers. The governor may remove or
reassign an officer. To be eligible for appointment as a general
officer, a service member must have:
(1) been ana federally recognized officer of not less
than field grade of the Texas National Guard or a regular or reserve
component of the United States military or served at least 15 years
of combined service as a commissioned officer in the Texas military
forces or a regular or reserve component of the United States
military; and
(2) served at least three years as a commissioned
officer in the Texas State Guard.
SECTION 4. Section 437.004(e), Government Code, is amended
to read as follows:
(e) The governor may delegate to the adjutant general the
powers granted by this section with respect to the Texas Army
National Guard and Texas Air National Guard and may delegate to the
director the powers granted by this section with respect to the
Texas State Guard [to the adjutant general].
SECTION 5. Sections 437.005(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The governor may activate all or part of the Texas
military forces to state active duty or for state training and other
duty. The governor may delegate to the adjutant general all or part
of the authority granted by this section with respect to the Texas
Army National Guard or Texas Air National Guard and may delegate to
the director all or part of the authority granted by this section
with respect to the Texas State Guard [to the adjutant general].
(b) On delegation of the authority by the governor, the
adjutant general may order all or part of the Texas Army National
Guard or Texas Air National Guard [military forces] to state
training and other duty if funding has been provided in the General
Appropriations Act or volunteer resources are available.
(c) On delegation of the authority by the governor, the
adjutant general may order all or part of the Texas Army National
Guard or Texas Air National Guard [military forces] to state
training and other duty if requested by a federal, state, or local
governmental entity and the entity authorizes reimbursement of the
costs to this state.
SECTION 6. Section 437.006(b), Government Code, is amended
to read as follows:
(b) The director [adjutant general] shall appoint and
commission officers, other than a general officer, in the Texas
State Guard. To be eligible for appointment, a service member must
be qualified under state guard regulations [and be recommended for
appointment by the commander of the state guard].
SECTION 7. Subchapter B, Chapter 437, Government Code, is
amended by adding Section 437.0515 to read as follows:
Sec. 437.0515. REFERENCE TO CERTAIN MILITARY FORCES.
Notwithstanding any other law, a reference in this subchapter to
"Texas military forces" or "state military forces" means only the
Texas Army National Guard and Texas Air National Guard.
SECTION 8. Section 437.059, Government Code, is amended to
read as follows:
Sec. 437.059. ADJUTANT GENERAL APPOINTMENTS. The adjutant
general, as the adjutant general determines appropriate and with
available funds, may appoint full-time employees of the department,
traditional national guard members, [state guard volunteers,] or
federal employees.
SECTION 9. Subchapter C, Chapter 437, Government Code, is
amended by adding Section 437.1015 to read as follows:
Sec. 437.1015. REFERENCE TO CERTAIN MILITARY FORCES.
Notwithstanding any other law, a reference in this subchapter to
"Texas military forces" or "state military forces" means only the
Texas Army National Guard and Texas Air National Guard.
SECTION 10. Subchapter D, Chapter 437, Government Code, is
amended by adding Section 437.1515 to read as follows:
Sec. 437.1515. REFERENCE TO CERTAIN MILITARY FORCES.
Notwithstanding any other law, a reference in this subchapter to
"Texas military forces" or "state military forces" means only the
Texas Army National Guard and Texas Air National Guard.
SECTION 11. Section 437.201, Government Code, is amended to
read as follows:
Sec. 437.201. CERTIFICATION OF MILITARY UNITS. The
adjutant general shall issue each unit of the Texas Army National
Guard and Texas Air National Guard, and the director shall issue
each unit of the Texas State Guard, a certificate stating that the
unit has been duly organized according to the laws and regulations
of the Texas military forces and is entitled to the rights, powers,
privileges, amenities, and immunities conferred by law and military
regulation. The certificate is evidence in a state court that the
unit is duly incorporated.
SECTION 12. Sections 437.206(b) and (f), Government Code,
are amended to read as follows:
(b) On the recommendation of the commanding officer or
noncommissioned officer of the Texas military forces, the governor
may confer on the officer or noncommissioned officer a brevet of a
grade higher than the ordinary commission or brevet held by the
officer or noncommissioned officer for gallant conduct or
meritorious military service. The adjutant general shall specify
the criteria for gallant conduct or meritorious military service
for a member of the Texas Army National Guard or Texas Air National
Guard. The director shall specify the criteria for gallant conduct
or meritorious military service for a member of the Texas State
Guard.
(f) The governor may delegate to the adjutant general the
powers granted by this section with respect to the Texas Army
National Guard or Texas Air National Guard and may delegate to the
director the powers granted by this section with respect to the
Texas State Guard [to the adjutant general].
SECTION 13. Sections 437.211(a) and (c), Government Code,
are amended to read as follows:
(a) The commanding officer of each unit is the custodian of
the unit fund. The commanding officer shall:
(1) receive, keep, properly disburse, and document the
use of the money in the fund; and
(2) submit to the department, if the unit is a unit of
the Texas Army National Guard or Texas Air National Guard, or to the
governor if the unit is a unit of the Texas State Guard, an itemized
statement of money received and disbursed during the preceding
reporting period:
(A) on September 1 of each year; and
(B) when there is a change of the commanding
officer of the unit.
(c) A unit fund is a special fund held outside the state
treasury to be administered by the commanding officer of the unit
without further appropriation. A unit fund is not subject to
Chapter 2256. The department shall develop policies and procedures
concerning the administration of unit [the] funds for which the
custodian is a commanding officer of the Texas Army National Guard
or Texas Air National Guard. The governor shall, in consultation
with the director, develop policies and procedures concerning the
administration of unit funds for which the custodian is a
commanding officer of the Texas State Guard. If any part of the
fund remains unexpended and unobligated at the end of the state
fiscal year, that amount is dedicated for the same purposes in the
subsequent year. Money in the fund may not be diverted for any
other purpose.
SECTION 14. Section 437.212, Government Code, is amended by
amending Subsections (f-1) and (g) and adding Subsection (f-2) to
read as follows:
(f-1) The department shall require payment of the cost
associated with paying the state contribution of a member of the
Texas Army National Guard or Texas Air National Guard [state
military forces] who elects to participate in the state group
benefits program under Subsection (f) by the person responsible for
paying for the mission for which the member is on state active duty
or state training and other duty. On receipt of payment, the
department shall reimburse the board of trustees of the Employees
Retirement System of Texas for that cost.
(f-2) The director shall require payment of the cost
associated with paying the state contribution of a member of the
Texas State Guard who elects to participate in the state group
benefits program under Subsection (f) by the person responsible for
paying for the mission for which the member is on state active duty
or state training and other duty. On receipt of payment, the
governor shall reimburse the board of trustees of the Employees
Retirement System of Texas for that cost.
(g) The director, adjutant general, and the Employees
Retirement System of Texas shall coordinate and consult to
implement the benefits program provided by Subsection (f) and shall
adopt a memorandum of understanding to establish:
(1) the procedures that a member of the state military
forces may use to elect to participate in the state group benefits
program;
(2) an appropriate method to annually confirm
continuing eligibility to participate in the group benefits
program; and
(3) an appropriate method of administering the
reimbursement of the state contribution as required by Subsections
[Subsection] (f-1) and (f-2).
SECTION 15. Section 437.219(c), Government Code, is amended
to read as follows:
(c) The director [adjutant general] shall set the daily pay
rate and allowance rate for state active duty and for state training
and other duty for Texas State Guard service members called to duty
or training under this chapter. The rate established by the
director [adjutant general] may not exceed the meal and lodging
rate set by the comptroller by more than $25 per day. The director
[department] shall publish information about the established pay
rates on the Texas State Guard's [department's] Internet website.
SECTION 16. Section 437.221, Government Code, is amended to
read as follows:
Sec. 437.221. OTHER DUTY AND COMMUNITY SERVICE MISSIONS.
(a) The governor or the adjutant general, if designated by the
governor, may require other duty for officers and enlisted persons
in the Texas military forces. The other duty may include community
service missions.
(b) If designated by the governor under Subsection (a), the
adjutant general may require other duty only for officers and
enlisted persons of the Texas Army National Guard or Texas Air
National Guard.
SECTION 17. Section 437.225(a), Government Code, is amended
to read as follows:
(a) A service member may be discharged from the Texas
military forces according to regulations adopted by the governor or
the adjutant general, if delegated authority, or by federal law or
regulations. The governor may delegate to the adjutant general
authority under this section only with respect to service members
of the Texas Army National Guard or Texas Air National Guard.
SECTION 18. Section 437.228(a), Government Code, is amended
to read as follows:
(a) A service member to whom [the department issues] a
uniform or other military property is issued shall give a receipt
for the uniform or property. The adjutant general or the director,
as appropriate, shall prescribe the manner in which the uniform and
property shall be accounted for and kept.
SECTION 19. Section 437.229, Government Code, is amended to
read as follows:
Sec. 437.229. UNIFORM. (a) Except as provided by
Subsection (b), the uniform of the officers and enlisted service
members of the Texas military forces is the uniform prescribed for
the United States armed forces with modifications that the
governor, or adjutant general if delegated the authority, considers
necessary. The governor may delegate to the adjutant general
authority under this section only with respect to uniforms issued
to officers and enlisted service members of the Texas Army National
Guard or Texas Air National Guard.
(b) The uniforms of the officers and enlisted personnel of
the Texas State Guard are the uniforms prescribed for the United
States armed forces with any modifications the governor[, or the
adjutant general if delegated the authority by the governor,]
considers necessary to distinguish the Texas State Guard from the
Texas National Guard.
SECTION 20. Section 437.231, Government Code, is amended to
read as follows:
Sec. 437.231. SEIZURE. (a) On a finding by the adjutant
general or the director that a person unlawfully possesses, and
refuses or fails to deliver up, arms, equipment, or other military
property issued by the department or Texas State Guard for use of
the Texas military forces, the governor may by warrant command the
sheriff of the county in which the person resides or is located to
seize the arms, equipment, or other military property and keep the
property subject to the governor's further order. The sheriff in
executing the warrant may invoke the power of the county.
(b) Each sheriff may collect military arms or property
issued by the department or Texas State Guard that is liable to loss
or in the hands of unauthorized persons and safely keep the arms and
property subject to order of the governor. The sheriff shall make a
report of the collection to the governor. The sheriff's official
bond covers faithful performance of duties under this subchapter.
SECTION 21. Subchapter G, Chapter 437, Government Code, is
amended to read as follows:
SUBCHAPTER G. TEXAS STATE GUARD
Sec. 437.301. INDEPENDENT STATE AGENCY; TRANSFER OF DUTIES;
REFERENCE. (a) The Texas State Guard is a state agency charged
with protecting and defending the people of this state from all
natural and man-made threats to public safety.
(b) Notwithstanding any other law, the Texas State Guard is
not subject to the control, supervision, or direction of the
department for any purpose, including personnel, purchasing,
transactions involving real or personal property, and budgetary
matters.
(c) The director shall coordinate with the adjutant general
to:
(1) establish a clear delineation of responsibilities
between the Texas State Guard and the department;
(2) develop a strategy for the maintenance of
properties used by both the Texas State Guard and the department;
and
(3) ensure that missions of the Texas State Guard
remain relevant and responsive as a force provider to this state.
(d) On request of the director, the department shall provide
administrative support and services to the Texas State Guard.
Sec. 437.302. DIRECTOR; JURISDICTION; RESPONSIBILITIES,
QUALIFICATIONS, AND REMOVAL. (a) The director is the governing
officer and executive head [COMMANDER. The commander] of the Texas
State Guard and is responsible:
(1) for the welfare, strength, and management of the
Texas State Guard;
(2) for the [organization,] training[,] and
administration of all Texas State Guard components; and
(3) [to the adjutant general to ensure the Texas State
Guard missions remain relevant and responsive as a force provider
to this state; and
[(4)] to field and staff the volunteer components of
the Texas State Guard.
(b) In addition to the duties prescribed by Subsection (a),
the director shall:
(1) establish by rule the chain of command and the
organizational and administrative structure of the Texas State
Guard;
(2) prepare and submit a biennial budget request to
the governor, lieutenant governor, and speaker of the house of
representatives;
(3) appear before appropriate legislative committees
to provide updates on the operations and readiness of the Texas
State Guard; and
(4) with approval of the governor, adopt rules
necessary to carry out this subchapter.
(c) To be eligible for appointment as director, an
individual must have at least 15 years of service as an officer of
not less than colonel in the Texas State Guard.
(d) It is grounds for removal from office by the governor if
the director:
(1) does not have at the time of appointment by the
governor the qualifications required by this section; or
(2) cannot, because of illness or disability,
discharge the director's duties for a substantial part of the
director's term.
Sec. 437.303 [437.302]. COMPOSITION; PERSONNEL; CODE OF
CONDUCT. (a) The Texas State Guard is composed of units the
governor, or director [adjutant general] if delegated the
authority, considers advisable and administrative employees hired
by the director under Subsection (g).
(b) The governor shall commission all officers of the Texas
State Guard.
(c) To serve in the Texas State Guard, a person:
(1) must be a resident of this state for at least 180
days;
(2) must be a citizen of the United States [or a person
who has been lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act (8 U.S.C.
Section 1101 et seq.)];
(3) [subject to Subsections (c) and (d), must be at
least 17 years of age and not older than 70 years of age;
[(4)] must undergo a criminal history check;
(4) [(5)] must not:
(A) be a current active or reserve duty service
member in the United States armed forces or other state military
forces; or
(B) have previously been:
(i) convicted of a felony or other offense
involving moral turpitude; or
(ii) separated from the United States armed
forces or Texas military forces under a discharge other than an
honorable discharge or a discharge under honorable conditions [be a
registered sex offender]; [and]
(5) [(6)] must be acceptable to and approved by the
governor or director [adjutant general] under the governor's
direction; and
(6) must meet all criteria established under
Subsection (d).
(d) The director shall establish by rule minimum standards
for age, health, and physical condition of applicants based on the
needs of the Texas State Guard.
(e) Notwithstanding any other law, an individual seeking to
volunteer with the Texas State Guard is considered an employee or
applicant for employment, as applicable, for purposes of Chapter
21, Labor Code.
(f) The director shall, with the approval of the governor,
develop and implement by rule a code of regulations and conduct for
the administration and discipline of members of the Texas State
Guard.
(g) The director may hire employees as necessary to carry
out the administrative and other support operations of the Texas
State Guard.
[(c) The adjutant general may adopt a policy regarding
waiver of the maximum age requirement under Subsection (b)(3).
[(d) A person who is at least 17 years of age but younger
than 18 years of age may serve in the Texas State Guard if the
person:
[(1) is emancipated by marriage, court order, or other
operation of law; or
[(2) provides to the adjutant general, in a form and
manner prescribed by the adjutant general, the written consent of:
[(A) each of the person's parents or legal
guardians, other than a parent or legal guardian who is:
[(i) deceased;
[(ii) determined by a court to be
incapacitated;
[(iii) absent at an unknown location for an
indefinite period; or
[(iv) confined in jail or prison serving a
term of punishment that will result in the parent or guardian being
released after the person's 18th birthday; or
[(B) for a person who is in the managing
conservatorship of the Department of Family and Protective Services
or another legal entity, a representative of the department or
other legal entity.]
Sec. 437.304. RECRUITMENT AND RETENTION. The director
shall:
(1) develop and implement a targeted recruitment
campaign to attract skilled professionals with diverse
backgrounds;
(2) develop a comprehensive retention strategy,
including improved training opportunities, clear career
progression paths, and recognition programs; and
(3) establish partnerships with institutions of
higher education, as defined by Section 61.003.
Sec. 437.305 [437.303]. GOVERNOR'S AUTHORITY. (a) The
governor has full control and authority over the Texas State Guard.
(b) In addition to any other rules adopted by the governor
or director under this subchapter, the [The] governor may adopt
regulations governing enlistment, organization, administration,
uniforms, equipment, maintenance, command, training, and
discipline of the Texas State Guard. [The regulations to the extent
practicable and desirable must conform to law and regulations
governing the Texas National Guard.]
(c) Except as otherwise provided by law, the [The] governor
may delegate the powers granted by this section to the director
[adjutant general].
Sec. 437.306. ORGANIZATION; SPECIALIZED UNITS. (a) The
director shall organize the following specialized units within the
Texas State Guard:
(1) a crisis response battalion;
(2) an aviation response squadron;
(3) a maritime response squadron;
(4) a special missions unit;
(5) a border security unit;
(6) a medical unit;
(7) a technology and cybersecurity unit;
(8) a special operations unit; and
(9) any additional specialized units as necessary to
meet the state's security and emergency response needs.
(b) The director may grant a member of a specialized unit
the authority to detect and apprehend an individual in the
performance of the member's duties while activated. The director
shall adopt rules to implement this subsection, including rules
requiring that a member complete certain training and receive a
certification to be eligible to be granted authority to detect and
apprehend individuals under this subsection.
Sec. 437.307. TRAINING AND EQUIPMENT; COMMUNICATIONS
INFRASTRUCTURE. (a) The director shall develop and implement
training programs for members of the Texas State Guard, including:
(1) specialized training programs focused on natural
and man-made disasters or other scenarios relevant to this state,
including hurricanes, floods, wildfires, and border security
operations;
(2) regular joint exercises with the Texas National
Guard and other relevant state agencies; and
(3) trainings on incident command systems, emergency
management principles, and interagency coordination.
(b) The Texas State Guard shall provide all equipment
necessary for the training and service of its members, including:
(1) high-water vehicles;
(2) unmanned aerial systems for damage assessment;
(3) mobile command posts; and
(4) specialized tools for disaster response and border
security.
(c) In addition to equipment provided by the Texas State
Guard under Subsection (b), the Texas State Guard shall establish a
communications infrastructure to ensure seamless coordination
among units of the Texas State Guard, units of other Texas military
forces, or other state agencies as necessary.
(d) The director shall establish clear protocols for
equipment use and maintenance by members of the Texas State Guard,
including liability for misuse of or damage to personal equipment
used during training and missions.
Sec. 437.308 [437.304]. FUNDING; ASSISTANCE. (a) Funds or
other property or services may be solicited by or donated to the
Texas State Guard or a unit in the Texas State Guard by any public or
private entity, including:
(1) a state agency or department;
(2) a political subdivision, including a county,
municipality, or public school district; or
(3) a special purpose district or authority.
(b) A public school district may permit the Texas State
Guard to use a school building.
(c) The director may enter into agreements with a public or
private entity for the shared use of facilities, equipment, or
other resources beneficial to the Texas State Guard's mission.
(d) The director shall implement a transparent budgeting
process that clearly identifies and delineates funding streams
within the Texas State Guard.
(e) The assistance solicited or received and any agreement
entered into under this section is governed by the policies and
regulations adopted by the director [adjutant general].
Sec. 437.309. ACTIVATION. (a) In addition to the purposes
described by Sections 431.111, 437.005, and 437.311, the governor
may, to the extent consistent with the United States and Texas
Constitutions, call all or part of the Texas State Guard to state
active duty:
(1) during any period when any part of the Texas
National Guard is serving on active federal military duty;
(2) to preserve the public peace, execute the laws of
this state, enhance domestic security, respond to terrorist threats
or attacks, protect and defend the people of this state from threats
to public safety, or respond to a disaster as defined by Section
418.004; or
(3) to assist a state agency or political subdivision
in carrying out its duties by law.
(b) Notwithstanding any other law, state active duty of a
unit of the Texas State Guard activated under this subchapter or
Chapter 431 may be terminated by:
(1) the expiration of the order calling the unit to
state active duty; or
(2) a separate order issued by the governor.
(c) The director shall establish clear protocols for rapid
mobilization and deployment of the Texas State Guard, including by
establishing preapproved mission sets for common disaster
scenarios.
Sec. 437.310 [437.305]. EMPLOYEES IN STATE GUARD;
EMERGENCY LEAVE. A state employee called to state active duty as a
member of the Texas State Guard by the governor or other appropriate
authority in response to a natural or man-made disaster is entitled
to receive paid emergency leave without loss of military leave
under Section 437.202 or annual leave.
Sec. 437.311 [437.306]. USE OUTSIDE STATE; FRESH PURSUIT
FROM OR INTO STATE. (a) Except as provided by Subsections (b) and
(c), the Texas State Guard may not be required to serve outside the
state.
(b) The governor, on request of the governor of another
state, may order all or part of the Texas State Guard to assist a
military or civil authority of that state in defending that state.
The governor may recall these forces.
(c) If authorized by the law of another state, an
organization, unit, or detachment of the Texas State Guard, on
order of the officer in immediate command, may continue in fresh
pursuit of an insurrectionist, a saboteur, an enemy, or enemy
forces into that state until the apprehension or capture of the
person or forces pursued or until military or police forces of that
state or the United States have had a reasonable opportunity to
apprehend, capture, or take up the pursuit of the person or forces.
The Texas State Guard without unnecessary delay shall surrender a
person apprehended or captured in another state to the military or
police forces of that state or the United States. This surrender is
not a waiver by this state of a right to extradite or prosecute the
person for a crime committed in this state.
(d) Military forces of another state may continue a fresh
pursuit into this state in the same manner permitted the Texas State
Guard under Subsection (c). The military forces of the other state
shall without unnecessary delay surrender a person captured or
arrested in this state to the military or police forces of this
state to be dealt with according to law. This subsection does not
prohibit an arrest in this state permitted by other law.
Sec. 437.312 [437.307]. FEDERAL SERVICE. This chapter does
not authorize the calling, ordering, or drafting of all or part of
the Texas State Guard into military service of the United States. A
person is not exempted by enlistment or commission in the Texas
State Guard from military service under federal law.
Sec. 437.313. RECOGNITION. The director shall establish a
program to recognize and reward outstanding service by members of
the Texas State Guard.
Sec. 437.314. COORDINATION WITH OTHER AGENCIES. (a) The
Texas State Guard shall coordinate with the Texas Division of
Emergency Management, the Texas Department of Public Safety, the
department, and other relevant state and local agencies to ensure
effective integration of efforts during emergencies and disasters.
(b) The director shall designate liaisons to promote
ongoing coordination and information sharing with state agencies as
necessary.
Sec. 437.315. REPORTING AND OVERSIGHT. (a) The director
shall, not later than December 1 of each year, submit an annual
report to the governor, lieutenant governor, and speaker of the
house of representatives on the activities, expenditures during the
preceding fiscal year, and readiness status of the Texas State
Guard.
(b) Not later than November 1 of each even-numbered year,
the state auditor's office shall conduct an audit of the Texas State
Guard's compliance with the laws of this state.
Sec. 437.316 [437.308]. RECORDS; ARMS; EQUIPMENT. (a) The
director [commander of the Texas State Guard] shall maintain and
preserve the individual and unit records of the Texas State Guard
and the Texas State Guard Honorary Reserve.
(b) The governor may request for use of the Texas State
Guard arms and equipment that the United States government
possesses and can spare. The governor, or the director [adjutant
general] if delegated the authority by the governor, shall make
available to the Texas State Guard state armories and available
state property.
Sec. 437.317 [437.309]. TEXAS STATE GUARD HONORARY
RESERVE. (a) The governor, or director [adjutant general] under
the governor's authority and direction, may transfer to the Texas
State Guard Honorary Reserve an officer or enlisted service member
of the Texas State Guard who:
(1) is physically disabled;
(2) is at least 60 years of age; or
(3) has served the federal or state military
satisfactorily for at least 20 years.
(b) The governor may advance the service member one grade or
rank at the time of the transfer into the honorary reserve. For a
service member who is not a general officer, the director [adjutant
general] may advance the service member one grade or rank at the
time of the transfer into the honorary reserve.
Sec. 437.318 [437.310]. TEXAS STATE GUARD UNIFORM AND
INSIGNIA FUND. (a) A special revolving fund is established outside
the state treasury to be known as the Texas State Guard uniform and
insignia fund. The fund may be used only to purchase uniforms and
insignia to be used by members of the Texas State Guard. The fund
shall be administered in accordance with Section 437.211.
(b) The fund consists of:
(1) donations made to the fund;
(2) revenue received by the Texas State Guard from the
sale of uniforms and insignia to members of the guard;
(3) depository interest and investment income earned
on money in the fund; and
(4) money appropriated, credited, or transferred to
the fund by the legislature.
(c) If any part of the fund remains unexpended and
unobligated at the end of the state fiscal year, that amount is
dedicated for the same purposes in the subsequent year. Money in
the fund may not be diverted for any other purpose.
SECTION 22. Section 437.355, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsection (a-1) to
read as follows:
(a) The governor or adjutant general, if delegated the
authority, may adopt policies and regulations relating to awarding:
(1) the Texas Purple Heart Medal, which shall be
awarded to a service member who:
(A) after September 11, 2001:
(i) was inducted into federal service from
the Texas National Guard; and
(ii) meets the criteria for an award of the
federal Purple Heart Medal; or
(B) was wounded or killed at Fort Hood on
November 5, 2009;
(2) the Texas Superior Service Medal, which shall be
awarded to:
(A) a service member of the Texas military forces
who has:
(i) completed 30 or more years of honorable
state service or a combination of state and federal service; and
(ii) continually demonstrated superior
performance and service while assigned to key leadership positions
demanding responsibility; or
(B) a civilian who has contributed significant
service to the Texas military forces;
(3) the Lone Star Distinguished Service Medal, which
shall be awarded to a member of the military forces of this state,
another state, or the United States for exceptionally outstanding
achievement or service to this state in performance of a duty of
great responsibility while serving with the Texas military forces
for whom the department, Texas State Guard, or governor, as
applicable, receives a letter of recommendation for award of the
Lone Star Distinguished Service Medal that:
(A) gives an account of the exceptional
achievement or service; and
(B) includes facts and photographs, and extracts
from official documents to support and amplify the facts;
(4) the Texas Outstanding Service Medal, which shall
be awarded to a service member of the military forces of this state,
another state, or the United States who has performed service,
either individually or as a member of a crew, in a superior and
clearly outstanding manner;
(5) the Texas Humanitarian Service Medal, which shall
be awarded to a service member who:
(A) does not meet the criteria for an award of the
federal Humanitarian Service Medal;
(B) is a member of the Texas military forces; and
(C) while serving on state active duty or active
duty under state authority in accordance with Title 32, United
States Code, participates satisfactorily in defense support to a
mission under civilian authority to protect life or property during
or soon after a natural disaster or civil unrest in the state;
(6) the Texas Homeland Defense Service Medal, which
shall be awarded to a service member of the Texas military forces
who served:
(A) on or after September 11, 2001;
(B) on state active duty or active duty under
state authority in accordance with Title 32, United States Code;
and
(C) satisfactorily in defense support to a
mission in the state under civilian authority;
(7) the Federal Service Medal, which shall be awarded
to a service member who was inducted into federal service from the
Texas military forces between June 15, 1940, and January 1, 1946, or
after June 1, 1950, if the service was for more than 90 days;
(8) the Texas Combat Service Ribbon, which shall be
awarded to a service member of the Texas National Guard who served,
after September 11, 2001, in a hostile fire zone as designated by
the United States secretary of defense;
(9) the Texas Faithful Service Medal, which shall be
awarded to a member of the Texas military forces who has completed
five years of honorable service during which the service member has
shown fidelity to duty, efficient service, and great loyalty to
this state;
(10) the Texas Medal of Merit, which shall be awarded
to a member of the military forces of this state, another state, or
the United States who performs outstanding service or attains
extraordinary achievement, either individually or as a member of a
crew, in behalf of the state or United States;
(11) the Texas State Guard Service Medal, which shall
be awarded to a service member who completes three consecutive
years of honorable service in the Texas State Guard during which the
service member has shown fidelity to duty, efficient service, and
great loyalty to this state;
(12) the Texas Desert Shield/Desert Storm Campaign
Medal, which shall be awarded to a service member who was inducted
into federal service from the Texas National Guard after August 1,
1990, in support of Operation Desert Shield or Operation Desert
Storm, without regard to the place that the service member was
deployed while serving on active federal military duty;
(13) the Texas Iraqi Campaign Medal, which shall be
awarded to a service member who was inducted into federal service
from the Texas National Guard, without regard to the place that the
service member was deployed while serving on active federal
military duty, after:
(A) March 19, 2003, in support of Operation Iraqi
Freedom; or
(B) August 31, 2010, in support of Operation New
Dawn;
(14) the Texas Afghanistan Campaign Medal, which shall
be awarded to a service member who was inducted into federal service
from the Texas National Guard after October 6, 2001, in support of
Operation Enduring Freedom, without regard to the place that the
service member was deployed while serving on active federal
military duty;
(15) the Cold War Medal, which, subject to Subsection
(c), shall be awarded to a member of the military forces of this
state or the United States who:
(A) served between September 2, 1945, and
December 26, 1991; and
(B) was a resident of this state at the time the
service member entered military service; and
(16) the Texas Border Security and Support Service
Ribbon, which shall be awarded to a service member of the military
forces of this state, another state, or the United States who
served:
(A) on or after July 28, 2014;
(B) on state active duty or active duty under
state authority in accordance with Title 32, United States Code,
for at least 90 consecutive days, or in response to an emergency
activation; and
(C) honorably in support of operations under
civilian authority to secure this state's international border.
(a-1) Notwithstanding Subsection (a), the governor may
delegate authority to the adjutant general under that subsection
only with respect to the adoption of policies and regulations
relating to awards for members of the Texas Army National Guard and
Texas Air National Guard.
(c) A person described by Subsection (a)(15) may be awarded
a Cold War Medal only if:
(1) a federal Cold War Medal or an equivalent federal
medal is not available to be awarded; and
(2) a fee in the amount necessary to cover the costs of
awarding the medal is paid to:
(A) for a medal awarded to a member of the Texas
Army National Guard or Texas Air National Guard, the adjutant
general; or
(B) for a medal awarded to a member of the Texas
State Guard, the director [general's department].
SECTION 23. Section 437.357, Government Code, is amended to
read as follows:
Sec. 437.357. DESIGN; RIBBONS. (a) The department shall
design and have manufactured the medals, awards, decorations, and
ribbons awarded under this subchapter and others that the adjutant
general or director has approved for award.
(b) The governor, department, or Texas State Guard may
purchase or replace medals, awards, decorations, and ribbons
authorized under this subchapter for the recipient, the decedent's
family, and nonprofit and governmental entities honoring the
recipient or decedent.
(c) The adjutant general shall adopt regulations
prescribing when a ribbon issued by the adjutant general may be
appropriately worn instead of the medal it symbolizes. The
governor, in consultation with the director, shall adopt
regulations prescribing when a ribbon issued by the governor or
director may be appropriately worn instead of the medal it
symbolizes.
SECTION 24. The following provisions of the Government Code
are repealed:
(1) Section 437.003(d); and
(2) Section 437.103.
SECTION 25. (a) Not later than September 1, 2026, all
employees and volunteers of the Texas Military Department who
primarily perform duties related to a duty, function, or activity
transferred by this Act, including employees who provide
administrative support for those functions and services, are
transferred to the Texas State Guard.
(b) A rule, form, policy, procedure, or decision of the
Texas Military Department that is related to a duty, function, or
activity transferred by this Act continues in effect as a rule,
form, policy, procedure, or decision of the Texas State Guard until
superseded by an act of the governor or director of the Texas State
Guard.
(c) A court case, administrative proceeding, contract
negotiation, or other proceeding involving the Texas Military
Department that is related to a duty, function, or activity
transferred by this Act to the Texas State Guard is transferred
without change to the Texas State Guard, and the Texas State Guard
assumes, without a change in status until superseded by an act of
the governor or director of the Texas State Guard, the position of
the Texas Military Department in a negotiation or proceeding
relating to a duty, function, or activity transferred by this Act to
the Texas State Guard to which the Texas Military Department is a
party.
(d) Not later than September 1, 2026, all money, contracts,
memoranda of understanding, leases, rights, bonds, or obligations
of the Texas Military Department related to a duty, function, or
activity transferred by this Act to the Texas State Guard are
transferred to the Texas State Guard.
(e) Not later than September 1, 2026, all personal property,
including databases, records, and related information technology,
in the custody of the Texas Military Department related to a duty,
function, or activity transferred by this Act to the Texas State
Guard becomes the property of the Texas State Guard.
SECTION 26. As soon as practicable after the governor
appoints a director as required by Section 437.003(c), Government
Code, as amended by this Act, to accomplish the transfer of duties
and functions under this Act, the Texas State Guard and the Texas
Military Department shall adopt a memorandum of understanding that
identifies and allocates between the Texas State Guard and the
Texas Military Department the property, employees, and other items
transferred in accordance with this Act. The memorandum of
understanding must also:
(1) identify and allocate between the Texas State
Guard and the Texas Military Department the employees and real and
personal property of the Texas Military Department, including
space, used to generally support the activities of the Texas
Military Department related to a duty, function, or activity
transferred by this Act; and
(2) provide a schedule for any necessary or advisable
transfer of the physical location of employees and property.
SECTION 27. (a) Not later than February 1, 2026, the
governor shall appoint the director of the Texas State Guard as
required by Section 437.003(c), Government Code, as amended by this
Act.
(b) Until the director of the Texas State Guard is appointed
by the governor in the manner provided by Section 437.003,
Government Code, as amended by this Act, the governor shall,
notwithstanding any provision of Chapter 437, Government Code, as
amended by this Act, serve as the sole governing officer and
executive head of the Texas State Guard.
SECTION 28. This Act takes effect September 1, 2025.