Texas Government Code Title 4, Chapter 432 - Texas Code Of Military Justice

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 432.001 - Definitions
  In this chapter: (1) "Accuser" means a person who signs and swears to charges, who directs that charges nominally be signed and sworn to by...
• Texas Section 432.002 - Persons Subject To Chapter
  This chapter applies to all members of the state military forces who are not in federal service under Title 10, United States Code. Acts 1987,...
• Texas Section 432.003 - Jurisdiction To Try Certain Personnel
  (a) A person discharged from the state military forces who is later charged with having fraudulently obtained the discharge is, except as provided by Section...
• Texas Section 432.004 - Territorial Applicability Of Chapter
  (a) This chapter applies in all places and to all persons otherwise subject to this chapter while they are serving outside the state and while...

SUBCHAPTER B APPREHENSION AND RESTRAINT; NONJUDICIAL PUNISHMENT

• Texas Section 432.005 - Judge Advocates And Legal Officers
  (a) The adjutant general shall appoint an officer of the state military forces as state judge advocate general. To be eligible for appointment, an officer...
• Texas Section 432.008 - Apprehension
  (a) In this subchapter, "apprehend" means to take a person into custody. (b) A person authorized by this chapter or by regulations issued under it...
• Texas Section 432.009 - Apprehension Of Deserters
  A civil officer or peace officer having authority to apprehend offenders under the laws of the United States or a state, territory, commonwealth, or possession,...
• Texas Section 432.010 - Imposition Of Restraint
  (a) In this subchapter: (1) "Arrest" means the restraint of a person by an order, not imposed as a punishment for an offense, directing the...
• Texas Section 432.011 - Restraint Of Persons Charged With Offenses
  A person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require, but...
• Texas Section 432.012 - Reports And Receiving Of Prisoners
  (a) A provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail...
• Texas Section 432.013 - Punishment Prohibited Before Trial
  Subject to Section 432.093, a person, while being held for trial or the result of trial, may not be subjected to punishment or penalty other...
• Texas Section 432.014 - Delivery Of Offenders To Civil Authorities
  (a) Under regulations prescribed under this chapter a person subject to this chapter who is on active state duty and who is accused of an...

SUBCHAPTER D COURTS-MARTIAL

• Texas Section 432.015 - Commanding Officer's Nonjudicial Punishment
  (a) Under regulations as may be prescribed, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial in accordance...
• Texas Section 432.031 - Courts-martial Classified
  The three kinds of courts-martial in each of the state military forces are: (1) general court-martial, consisting of: (A) a military judge and not fewer...
• Texas Section 432.032 - Jurisdiction Of Court-martial In General
  Each force of the state military forces has court-martial jurisdiction over a member of the force who is subject to this chapter. The Texas Army...
• Texas Section 432.033 - Jurisdiction Of General Court-martial
  (a) Subject to Section 432.032, a general court-martial has jurisdiction to try a person subject to this chapter for any offense made punishable by this...
• Texas Section 432.034 - Jurisdiction Of Special Court-martial
  (a) Subject to Section 432.032, a special court-martial has jurisdiction to try a person subject to this chapter, except a commissioned officer, for any offense...
• Texas Section 432.035 - Jurisdiction Of Summary Court-martial
  (a) Subject to Section 432.032, a summary court-martial has jurisdiction to try persons subject to this chapter, except officers, for any offense under this chapter....

SUBCHAPTER E COMPOSITION OF COURTS-MARTIAL

• Texas Section 432.036 - Jurisdiction Of Court-martial Not Exclusive
  The provisions of this chapter conferring jurisdiction on courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect...
• Texas Section 432.041 - Who May Convene General Court-martial
  In the militia or state military forces not in federal service a general court-martial may be convened by: (1) the governor; or (2) the adjutant...
• Texas Section 432.042 - Who May Convene Special Court-martial
  In the state military forces not in federal service, any commander in the grade of O-5 or higher may convene a special court-martial. Acts 1987,...
• Texas Section 432.043 - Who May Convene Summary Court-martial
  In the state military forces not in federal service, any commander in the grade of O-4 or higher may convene a summary court-martial. Acts 1987,...
• Texas Section 432.044 - Who May Serve On Court-martial
  (a) Any state commissioned officer in a duty status is eligible to serve on a court-martial. (b) A warrant officer in a duty status is...
• Texas Section 432.045 - Military Judge Of Court-martial
  (a) The authority convening a general court-martial shall, and, subject to regulations issued by the governor, the authority convening a special or summary court-martial may,...
• Texas Section 432.046 - Detail Of Trial Counsel And Defense Counsel
  (a) The authority convening each general, special, or summary court-martial shall detail trial counsel, defense counsel, and assistants that the authority considers appropriate. A person...
• Texas Section 432.047 - Detail Or Employment Of Reporters And Interpreters
  Under regulations that the governor prescribes, the convening authority of a general or special court-martial, military commission, court of inquiry, or a military tribunal: (1)...

SUBCHAPTER F PRETRIAL PROCEDURE

• Texas Section 432.048 - Absent And Additional Members
  (a) A member of a general or special court-martial may not be absent or excused after the court has been assembled for the trial of...
• Texas Section 432.051 - Charges And Specifications
  (a) Charges and specifications must be signed by a person subject to this chapter, under oath, and before a commissioned officer of the state military...
• Texas Section 432.052 - Compulsory Self-incrimination Prohibited
  (a) A person subject to this chapter may not compel any person to incriminate himself or to answer a question the answer to which may...
• Texas Section 432.053 - Investigation
  (a) A charge or specification may not be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters...
• Texas Section 432.054 - Forwarding Of Charges
  (a) If a person is held for trial by general court-martial, the commanding officer shall, not later than the eighth day after the date the...
• Texas Section 432.055 - Advice Of Staff Judge Advocate And Reference For Trial
  (a) Before directing the trial of a charge by general court-martial, the convening authority shall refer it to the authority's staff judge advocate or legal...

SUBCHAPTER G TRIAL PROCEDURE

• Texas Section 432.056 - Service Of Charges
  (a) The trial counsel to whom court-martial charges are referred for trial shall cause to be served on the accused a copy of the charges...
• Texas Section 432.061 - Procedure
  The procedure, including modes of proof, in cases before military courts and other military tribunals may by regulations be prescribed by the governor. The regulations,...
• Texas Section 432.062 - Unlawfully Influencing Action Of Court
  (a) An authority convening a general, special, or summary court-martial, another commanding officer, or officer serving one of their staffs may not censure, reprimand, or...
• Texas Section 432.063 - Duties Of Trial Counsel And Defense Counsel
  (a) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the...
• Texas Section 432.064 - Sessions
  (a) At any time after the service of charges that have been referred for trial to a court-martial composed of a military judge and members,...
• Texas Section 432.065 - Continuances
  The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to a party for the period, and as...
• Texas Section 432.066 - Challenges
  (a) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated...
• Texas Section 432.067 - Oaths
  Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and...
• Texas Section 432.068 - Limitations
  (a) A person charged with desertion or absence without leave in time of war, aiding the enemy, or mutiny may be tried and punished at...
• Texas Section 432.069 - Former Jeopardy
  (a) A person may not be tried a second time in a military court of the state for the same offense. (b) A proceeding in...
• Texas Section 432.070 - Pleas Of Accused
  (a) If an accused after arraignment makes an irregular pleading or after a plea of guilty sets up matter inconsistent with the plea, if it...
• Texas Section 432.071 - Opportunity To Obtain Witnesses And Other Evidence
  (a) The trial counsel, defense counsel, accused, and court-martial have equal opportunity to obtain witnesses and other evidence. Each has the right of compulsory process...
• Texas Section 432.072 - Refusal To Appear Or Testify
  (a) A person not subject to this chapter commits an offense if the person: (1) has been duly subpoenaed to appear as a witness or...
• Texas Section 432.073 - Contempt
  A military court may punish for contempt a person who uses a menacing word, sign, or gesture in its presence, or who disturbs its proceedings...
• Texas Section 432.074 - Depositions
  (a) At any time after charges have been signed, as provided in Section 432.051, a party may take oral or written depositions unless the military...
• Texas Section 432.075 - Admissibility Of Records Of Courts Of Inquiry
  (a) In a case not extending to the dismissal of a commissioned officer, the sworn testimony contained in the duly authenticated record of proceedings of...
• Texas Section 432.076 - Voting And Rulings
  (a) Voting by members of a general or special court-martial on the findings or sentence, and by members of a court-martial without a military judge...
• Texas Section 432.077 - Number Of Votes Required
  (a) A person may be convicted of an offense only by the concurrence of two-thirds of the members present when the vote is taken. (b)...
• Texas Section 432.078 - Court-martial To Announce Action
  A court-martial shall announce its findings and sentence to the parties as soon as determined. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept....

SUBCHAPTER H SENTENCES

• Texas Section 432.079 - Record Of Trial
  (a) Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it. The record must be...
• Texas Section 432.091 - Cruel And Unusual Punishments Prohibited
  Punishment by flogging, branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or...
• Texas Section 432.092 - Limits
  The punishment that a court-martial may direct for an offense may not exceed the limits prescribed by this chapter nor limits prescribed by the governor....
• Texas Section 432.093 - Effective Date Of Sentences
  (a) If a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended...

SUBCHAPTER I REVIEW OF COURTS-MARTIAL

• Texas Section 432.094 - Execution Of Confinement
  (a) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge...
• Texas Section 432.101 - Error Of Law; Lesser Included Offense
  (a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially...
• Texas Section 432.102 - Initial Action On Record
  After trial by court-martial the record shall be forwarded to the convening authority, and action on the record may be taken by the person who...
• Texas Section 432.103 - Same General Court-martial Records
  The convening authority shall refer the record of each general court-martial to the authority's judge advocate who shall submit the judge advocate's written opinion on...
• Texas Section 432.104 - Reconsideration And Revision
  (a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the...
• Texas Section 432.105 - Rehearings
  (a) If the convening authority disapproves the finding and sentence of a court-martial, the authority, unless there is lack of sufficient evidence in the record...
• Texas Section 432.106 - Approval By Convening Authority
  In acting on the findings and sentence of a court-martial, the convening authority may approve only findings of guilty and the sentence or part or...
• Texas Section 432.107 - Disposition Of Records After Review By Convening Authority
  (a) If the convening authority is the governor, the governor's action on the review of any record of trial is final. (b) If the convening...
• Texas Section 432.108 - Review By State Judge Advocate General
  (a) In a case reviewable by the state judge advocate general, the state judge advocate general may act only with respect to the findings and...
• Texas Section 432.109 - Review By Texas Court Of Military Appeals
  (a) The Texas Court of Military Appeals consists of five judges appointed by the adjutant general on the advice and recommendation of the state judge...
• Texas Section 432.110 - Appellate Counsel
  The trial counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel on an appeal authorized under this chapter. The...
• Texas Section 432.111 - Vacation Of Suspension
  (a) Before the vacation of the suspension of a special court-martial sentence that as approved includes a dismissal or dishonorable discharge, or of a general...
• Texas Section 432.112 - Petition For New Trial
  At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate general...
• Texas Section 432.113 - Remission Or Suspension
  (a) A convening authority may remit or suspend any part or amount of the unexecuted part of a sentence, including all uncollected forfeitures. (b) The...
• Texas Section 432.114 - Restoration
  (a) Under regulations the governor prescribes, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside...

SUBCHAPTER J PUNITIVE ARTICLES

• Texas Section 432.115 - Finality Of Proceedings, Findings, And Sentences
  The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by...
• Texas Section 432.121 - Persons To Be Tried Or Punished
  A person may not be tried or punished for any offense provided for in this subchapter unless it was committed while the person was in...
• Texas Section 432.122 - Principals
  A person subject to this chapter is a principal if the person: (1) commits an offense punishable under this chapter, or aids, abets, counsels, commands,...
• Texas Section 432.1225 - Penal Code Offenses
  A person subject to this chapter who commits an offense under the Penal Code is considered to violate this chapter and is subject to punishment...
• Texas Section 432.123 - Accessory After The Fact
  A person subject to this chapter shall be punished as a court-martial directs if the person knows that an offense punishable under this chapter has...
• Texas Section 432.124 - Conviction Of Lesser Included Offense
  An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged...
• Texas Section 432.125 - Attempts
  (a) An act done with specific intent to commit an offense under this chapter amounting to more than mere preparation and tending, even though failing...
• Texas Section 432.126 - Conspiracy
  A person subject to this chapter who conspires with another person to commit an offense under this chapter shall be punished as a court-martial directs...
• Texas Section 432.127 - Solicitation
  (a) A person subject to this chapter who solicits or advises another or others to desert in violation of Section 432.130 or mutiny in violation...
• Texas Section 432.128 - Fraudulent Enlistment, Appointment, Or Separation
  A person shall be punished as a court-martial directs if the person: (1) procures his own enlistment or appointment in the state military forces by...
• Texas Section 432.129 - Unlawful Enlistment, Appointment, Or Separation
  A person subject to this chapter who effects an enlistment or appointment in or a separation from the state military forces of a person who...
• Texas Section 432.130 - Desertion
  (a) A member of the state military forces is guilty of desertion if the member: (1) without authority goes or remains absent from his unit,...
• Texas Section 432.131 - Absence Without Leave
  A person subject to this chapter shall be punished as a court-martial directs if the person without authority: (1) fails to go to his appointed...
• Texas Section 432.132 - Missing Movement
  A person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required...
• Texas Section 432.133 - Contempt Towards Governor
  A person subject to this chapter who uses contemptuous words against the governor shall be punished as a court-martial directs. Acts 1987, 70th Leg., ch....
• Texas Section 432.134 - Disrespect Toward Superior Commissioned Officer
  A person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial directs. Acts 1987, 70th...
• Texas Section 432.135 - Assaulting Or Wilfully Disobeying Superior Commissioned Officer
  A person subject to this chapter shall be punished as a court-martial directs if the person: (1) strikes his superior commissioned officer or draws or...
• Texas Section 432.136 - Insubordinate Conduct Toward Warrant Officer Or Noncommissioned Officer
  A warrant officer or enlisted member shall be punished as a court-martial directs if the officer or member: (1) strikes or assaults a warrant officer...
• Texas Section 432.137 - Failure To Obey Order Or Regulation
  A person subject to this chapter shall be punished as a court-martial directs if the person: (1) violates or fails to obey a lawful general...
• Texas Section 432.138 - Cruelty And Maltreatment
  A person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his order shall be...
• Texas Section 432.139 - Mutiny, Sedition, Failure To Suppress Mutiny Or Sedition
  A person subject to this chapter who: (1) with intent to usurp or override lawful military authority refuses, in concert with any other person, to...
• Texas Section 432.140 - Resistance, Breach Of Arrest, And Escape
  A person subject to this chapter who resists apprehension, breaks arrest, or escapes from physical restraint lawfully imposed shall be punished as a court-martial directs....
• Texas Section 432.141 - Releasing Prisoner Without Proper Authority
  A person subject to this chapter who, without proper authority, releases a prisoner committed to his charge, or who through neglect or design permits the...
• Texas Section 432.142 - Unlawful Detention Of Another
  A person subject to this chapter who, except as provided by law or regulation, apprehends, arrests, or confines a person shall be punished as a...
• Texas Section 432.143 - Noncompliance With Procedural Rules
  A person subject to this chapter shall be punished as a court-martial directs if the person: (1) is responsible for unnecessary delay in the disposition...
• Texas Section 432.151 - False Official Statements
  A person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to...
• Texas Section 432.152 - Military Property--loss, Damage, Destruction, Or Wrongful Disposition
  A person subject to this chapter shall be punished as a court-martial directs if the person, without proper authority, sells or otherwise disposes of, or...
• Texas Section 432.153 - Property Other Than Military Property--waste, Spoilage, Or Destruction
  A person subject to this chapter who, while in a duty status, wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongfully destroys or damages...
• Texas Section 432.154 - Improper Hazarding Of Vessel
  A person subject to this chapter who wilfully and wrongfully or who negligently hazards or suffers to be hazarded any vessel of the armed forces...
• Texas Section 432.155 - Driving While Intoxicated Or While Under Influence Of Narcotic Drug
  A person subject to this chapter who operates a vehicle while under the influence of intoxicating liquor or a narcotic drug, or in a reckless...
• Texas Section 432.156 - Drunk On Duty; Sleeping On Post; Leaving Post Before Relief
  A person subject to this chapter who is found under the influence of intoxicating liquor or narcotic drugs while on duty, or found sleeping on...
• Texas Section 432.157 - Malingering
  A person subject to this chapter shall be punished as a court-martial directs if the person, for the purpose of avoiding work, duty, or service...
• Texas Section 432.158 - Riot Or Breach Of Peace
  A person subject to this chapter who causes or participates in a riot or breach of the peace shall be punished as a court-martial directs....
• Texas Section 432.159 - Provoking Speeches Or Gestures
  A person subject to this chapter who uses provoking or reproachful words or gestures towards another person subject to this chapter shall be punished as...
• Texas Section 432.160 - Larceny And Wrongful Appropriation
  (a) A person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or any other...
• Texas Section 432.161 - Forgery
  A person subject to this chapter is guilty of forgery and shall be punished as a court-martial directs if the person, with intent to defraud:...
• Texas Section 432.162 - Extortion
  A person subject to this chapter who communicates threats to another person with the intent to obtain anything of value or any acquittance, advantage, or...
• Texas Section 432.163 - Assault
  A person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not...
• Texas Section 432.164 - Perjury
  A person subject to this chapter who in a judicial proceeding or in a court of justice conducted under this chapter wilfully and corruptly gives,...
• Texas Section 432.165 - Frauds Against Government
  A person subject to this chapter on conviction shall be punished as a court-martial directs if the person: (1) knowing it to be false or...
• Texas Section 432.166 - Conduct Unbecoming An Officer And A Gentleman
  A commissioned officer or officer candidate who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial directs. Acts...

SUBCHAPTER K MISCELLANEOUS PROVISIONS

• Texas Section 432.167 - General Article
  Whether or not specifically mentioned by this chapter, all disorders and neglects to the prejudice of good order and discipline in the state military forces...
• Texas Section 432.181 - Courts Of Inquiry
  (a) Courts of inquiry to investigate any matter may be convened by the governor, by a person designated by the governor for that purpose, or...
• Texas Section 432.182 - Authority To Administer Oaths
  (a) The following persons may administer oaths for the purpose of military administration including military justice, and they have the general powers of a notary...
• Texas Section 432.183 - Chapter To Be Explained
  This chapter shall be carefully explained to every enlisted member at the time of or not later than the 30th day after the date of...
• Texas Section 432.184 - Complaints Of Wrongs
  (a) A member of the state military forces who believes himself wronged by his commanding officer, and who, on due application to that commanding officer,...
• Texas Section 432.185 - Redress Of Injuries To Property
  (a) If complaint is made to a commanding officer that wilful damage has been done to the property of any person or that a person's...
• Texas Section 432.186 - Immunity For Action Of Military Courts
  An accused may not bring an action or proceeding against the convening authority or a member of a military court, board convened under this chapter...
• Texas Section 432.187 - Delegation Of Authority By Governor
  The governor may delegate any authority vested in him under this chapter and may provide for the subdelegation of this authority. The governor may not...
• Texas Section 432.188 - Execution Of Process And Sentence
  (a) In the state military forces not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed...
• Texas Section 432.189 - Process Of Military Courts
  (a) A military court may issue any process or mandate necessary to carry into effect its powers. The court may issue subpoenas and subpoenas duces...
• Texas Section 432.190 - Payment Of Fines, Costs, And Disposition Thereof
  (a) A fine or forfeiture imposed by general court-martial shall be paid to the officer ordering the court or to the officer commanding at that...
• Texas Section 432.191 - Presumption Of Jurisdiction
  The jurisdiction of the military courts and boards established by this chapter shall be presumed and the burden of proof rests on a person seeking...
• Texas Section 432.192 - Witnesses' Expenses
  (a) Persons in the employ of this state but not belonging to its military forces if traveling on summons as witnesses before military courts, are...
• Texas Section 432.193 - Arrest, Bonds, Laws Applicable
  (a) If charges against a person in the military service of this state are made or referred to a convening authority authorized to convene a...
• Texas Section 432.194 - Expenses Of Administration
  The adjutant general may pay all expenses incurred in the administration of state military justice, including the expenses of courts-martial and expenses incurred under Sections...
• Texas Section 432.195 - Short Title
  This chapter may be cited as the Texas Code of Military Justice. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Last modified: September 28, 2016