Texas Government Code Title 4, Chapter 437 - Texas Military

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 437.001 - Definitions
  In this chapter: (1) "Active military service" means state active duty service, federally funded state active duty service, or federal active duty service. The term...
• Texas Section 437.0011 - Reference In Other Law
  A reference in other law to the adjutant general's department means the Texas Military Department. Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B....
• Texas Section 437.002 - Commander-in-chief
  (a) The governor is the commander-in-chief of the Texas military forces, except any portion of those forces in the service of the United States. The...
• Texas Section 437.003 - Governor's Military Appointments
  (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...
• Texas Section 437.004 - Regulating Texas Military Forces
  (a) The governor shall make and publish regulations, according to existing federal and state law, to govern the Texas military forces. The regulations must address...
• Texas Section 437.005 - Authority For State Active Duty, State Training, And Other Duty
  (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...
• Texas Section 437.006 - Officers
  (a) The governor shall appoint and commission officers of the Texas National Guard. To be eligible for appointment, a service member must be qualified under...
• Texas Section 437.007 - Enlistment And Appointment
  (a) Federal law prescribes the terms and the qualifications and requirements for enlistment and appointment in the Texas National Guard. The governor and legislature may...

SUBCHAPTER B TEXAS MILITARY DEPARTMENT

• Texas Section 437.008 - Military Facilities Projects: Matching Federal Funds
  If the governor, after consulting with the adjutant general, determines that the state is eligible for federal matching funds for projects at military facilities in...
• Texas Section 437.051 - Sunset Provision
  The department is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this...
• Texas Section 437.052 - Adjutant General: Jurisdiction, Division Of Responsibilities, And Qualifications
  (a) The adjutant general exercises the jurisdiction and powers conferred by this subtitle. The adjutant general is the governing officer, policy maker, and head of...
• Texas Section 437.053 - Adjutant General: Duties
  The adjutant general shall: (1) perform duties assigned by the governor relating to the military affairs of this state; (2) assume responsibility for the overall...
• Texas Section 437.0531 - Equal Employment Opportunity Policy Statement
  The adjutant general shall adopt a written policy statement to implement a program of equal employment opportunity under which all personnel transactions are made without...
• Texas Section 437.054 - Adjutant General: General Powers
  (a) The adjutant general is the decision-making authority on all matters concerning the location and maintenance of military forces and facilities in this state. The...
• Texas Section 437.055 - Seal
  The seal of the adjutant general consists of a five-pointed star with "Adjutant General, State of Texas" around the margin. Added by Acts 2013, 83rd...
• Texas Section 437.056 - Mandatory Training For Adjutant General
  (a) Before the adjutant general may assume the duties of the office and before the adjutant general may be confirmed by the senate, the adjutant...
• Texas Section 437.057 - Deputy Adjutants General
  (a) A deputy adjutant general has the rank prescribed by the governor, not to exceed the grade authorized for federal recognition in the position. A...
• Texas Section 437.058 - General Officers
  (a) The adjutant general may appoint as general officers an assistant deputy adjutant general for army, an assistant deputy adjutant general for air, an assistant...
• Texas Section 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...
• Texas Section 437.060 - Conflict Of Interest Provisions
  (a) A person may not be appointed adjutant general, a deputy adjutant general, a general officer, judge advocate general, or executive director if the person...
• Texas Section 437.061 - Removal Provisions For Adjutant General
  (a) It is a ground for removal that the adjutant general: (1) does not have at the time of appointment the qualifications for service required...

SUBCHAPTER C TEXAS MILITARY DEPARTMENT OPERATIONS

• Texas Section 437.062 - Salaries
  (a) The adjutant general is entitled to a salary in the amount designated in the General Appropriations Act. (b) A deputy adjutant general, general officer,...
• Texas Section 437.101 - Executive Director
  (a) The executive director is an employee of the department and serves at the pleasure of the adjutant general. (b) Subject to Sections 437.052 and...
• Texas Section 437.102 - Department Personnel
  (a) The executive director may hire employees as necessary to carry on the operations of the department. (b) The executive director or the executive director's...
• Texas Section 437.103 - State Guard Administrative Personnel
  (a) Except as provided by Subsection (b), to be eligible to hold a position relating to the daily operations and coordination of the Texas State...
• Texas Section 437.104 - Career Ladder Program; Performance Evaluations
  (a) The executive director shall develop a career ladder program. The program must require intra-agency postings of all non-entry level positions concurrently with any public...
• Texas Section 437.105 - Authority To Make Differential Payments
  The department may pay an employee additional compensation for duty hours other than Monday through Friday normal business hours or for the ability to legally...
• Texas Section 437.106 - Historical Preservation Of Records And Property
  Except as provided by other law and in accordance with all applicable federal and state requirements, the department shall preserve all historically significant military records...
• Texas Section 437.107 - Reports
  (a) The department annually shall submit to the governor and the presiding officer of each house of the legislature a complete and detailed written report...
• Texas Section 437.108 - Technology Policy
  The department shall develop and implement a policy requiring the executive director and department's employees to research and propose appropriate technological solutions to improve the...
• Texas Section 437.109 - Exemption From Certain State Activities
  (a) The department is exempt from the provisions of Chapter 2054 relating to the oversight of information resources and information resource manager provisions to the...
• Texas Section 437.110 - Post Exchanges On State Military Property
  (a) The department may establish and contract for the operation of not more than three military-type post exchanges similar to those operated by the armed...
• Texas Section 437.111 - Donations
  (a) Except as provided by Subsections (d) and (e), all money paid to the department under this chapter is subject to Subchapter F, Chapter 404....
• Texas Section 437.112 - Information Of Interest; Complaints
  (a) The department shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and...
• Texas Section 437.113 - Alternative Dispute Resolution Procedures
  (a) The department shall develop and implement a policy to encourage the use of appropriate alternative dispute resolution procedures under Chapter 2009 to assist in...
• Texas Section 437.114 - Supplies
  (a) The department may purchase from money appropriated to the department and keep ready for use, store, or issue a necessary amount of ordnance, subsistence,...
• Texas Section 437.115 - Bids
  The department shall adopt rules governing the preparation, submission, and opening of bids for contracts. Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B....
• Texas Section 437.116 - Program Accessibility
  The department shall comply with federal and state laws related to program accessibility. The department shall also prepare and maintain a written plan that describes...
• Texas Section 437.117 - Texas Challenge Academy
  (a) For each student enrolled in the Texas ChalleNGe Academy, the department is entitled to allotments from the Foundation School Program under Chapter 42, Education...

SUBCHAPTER D REAL PROPERTY MANAGEMENT

• Texas Section 437.118 - Use Of Funds To Support Military Housing And Training
  (a) The department may use appropriated money to purchase food and beverages for charged military housing and training functions required of the Texas military forces....
• Texas Section 437.151 - Real Property Advisory Council
  (a) The real property advisory council is composed of the following eight members: (1) two deputy adjutants general; (2) the executive director; and (3) five...
• Texas Section 437.152 - Public Comment
  The advisory council shall develop and implement policies that provide the public with a reasonable opportunity to at least annually appear before the council and...
• Texas Section 437.153 - Borrowing Money; Issuing And Selling Bonds
  (a) The department may borrow money in the amount and under circumstances allowed by the Texas Constitution and may request the Texas Public Finance Authority,...
• Texas Section 437.154 - Report Of Military Use Of Property
  (a) If the department receives notice from the General Land Office as provided by Section 31.156, Natural Resources Code, the department shall produce a report...
• Texas Section 437.155 - Acquisition; Management; Pledge Of Rents, Issues, And Profits
  (a) The department by gift, lease, or purchase may acquire real property, including leasehold estates in real property, for any purpose the department considers necessary...
• Texas Section 437.156 - Construction; Furnishing And Equipment
  (a) The department may construct buildings on real property held by the department in fee simple or otherwise. The department may furnish and equip the...
• Texas Section 437.157 - Lease Of Property
  (a) In this section, "lease" includes a sublease. (b) After the analysis required under Section 437.163(b), if applicable, the department may lease property to any...
• Texas Section 437.158 - Transfer To State
  When property that the Texas Public Finance Authority owns in accordance with Section 437.159 is fully paid for and free of liens and all obligations...
• Texas Section 437.159 - Property Financed By Bonds
  Notwithstanding any other provision of this chapter, property used by this state for military purposes that was acquired, constructed, remodeled, or repaired using money from...
• Texas Section 437.160 - Donation Of Property
  The governing body of a county or municipality, on behalf of the county or municipality, may donate real property to the department for use as...
• Texas Section 437.161 - Tax Status Of Property
  Property held by the department and rents, issues, and profits from the property are exempt from taxation by the state, a municipality, a county or...
• Texas Section 437.162 - Facility Accessibility
  The department for new facility construction shall comply with federal and state laws related to facility accessibility. Added by Acts 2013, 83rd Leg., R.S., Ch....

SUBCHAPTER E TEXAS MILITARY FORCES

• Texas Section 437.163 - Disposal Of Certain Surplus Real Property
  (a) When department property that is owned or transferred to this state is fully paid for and free of liens incurred in connection with the...
• Texas Section 437.201 - Certification Of Military Units
  The adjutant general shall issue each unit a certificate stating that the unit has been duly organized according to the laws and regulations of the...
• Texas Section 437.202 - Leave Of Absence For Public Officers And Employees
  (a) Except as provided by Subsections (b) and (c), a person who is an officer or employee of this state, a municipality, a county, or...
• Texas Section 437.203 - Dual Office Holding
  A position in or membership in the Texas military forces is not considered to be a civil office of emolument. Added by Acts 2013, 83rd...
• Texas Section 437.204 - Reemployment Of Service Member Called To Training Or Duty
  (a) An employer may not terminate the employment of an employee who is a member of the state military forces of this state or any...
• Texas Section 437.205 - Oath
  (a) A commissioned officer of the Texas military forces may administer oaths for purposes of military administration. The officer's signature, without seal, and the title...
• Texas Section 437.206 - Commissions
  (a) An initial state commission in the Texas military forces must be: (1) in the name and by authority of this state; (2) sealed with...
• Texas Section 437.207 - Military Unit As Corporate Body
  (a) A military unit in the Texas military forces is, from the time of its creation, a body politic and corporate and may: (1) take,...
• Texas Section 437.208 - Organization Prohibited
  (a) Except as provided by Subsection (b), a body of persons other than the regularly organized Texas military forces, the armed forces of the United...
• Texas Section 437.209 - Foreign Troops
  A military force from another state, territory, or district, except a force that is on federal orders and acting as a part of the United...
• Texas Section 437.210 - Interference With Texas Military Forces
  (a) A person commits an offense if the person physically and intentionally hinders, delays, or obstructs or intentionally attempts to hinder, delay, or obstruct a...
• Texas Section 437.211 - Management Of Unit Funds
  (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...
• Texas Section 437.212 - Pay, Benefits And Requirements For State Active Duty, State Training, And Other Duty
  (a) This state may make suitable provision for the pay, transportation, subsistence, and housing of service members on state active duty or state training and...
• Texas Section 437.2121 - Extended State Active Duty Service For Administrative Support
  (a) The adjutant general may hire service members of the Texas military forces to fill state military positions with the department as authorized by the...
• Texas Section 437.213 - Certain Benefits And Protections For State Service
  A service member of the Texas military forces who is ordered to state active duty or to state training and other duty by the governor,...
• Texas Section 437.214 - Military Funerals And Honors
  (a) On the request of a person listed in Subsection (b), the Texas military forces may provide a military funeral and honor service for a...
• Texas Section 437.215 - Grave Markers For State Military Personnel
  (a) On the request of a person listed in Subsection (b), the department shall provide a grave marker for a decedent who served in the...
• Texas Section 437.216 - Service Referral Program
  (a) The Texas military forces shall develop a program to provide referrals to service members for reintegration services. (b) The program shall: (1) identify and...
• Texas Section 437.217 - Exemption From Fees For Deployed Military Personnel
  (a) A member of the National Guard on federal active duty, or a member of the armed forces of the United States on active duty,...
• Texas Section 437.218 - Tax Exemption
  (a) An officer or enlisted service member in the Texas military forces who complies with the service member's military duties as prescribed by this chapter...
• Texas Section 437.219 - Compensation
  (a) Except as provided by Section 437.220, a member of the Texas military forces who performs training or other military duty under authority of the...
• Texas Section 437.220 - Supplemental Duty Pay For Economic Hardship
  (a) A person who is called to military duty as a member of the Texas National Guard in the service of this state or the...
• Texas Section 437.221 - Other Duty And Community Service Missions
  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....
• Texas Section 437.222 - Liability Of Service Member
  (a) A service member of the Texas military forces ordered into service of this state by proper authority is not personally liable in the person's...
• Texas Section 437.223 - Exemption From Arrest
  (a) A member of the Texas military forces may not be arrested, except for treason, felony, or breach of the peace, while the person is...
• Texas Section 437.2235 - Public Duty Justification
  Section 9.21, Penal Code, applies to conduct of a service member of the Texas military forces ordered into service of this state by proper authority...
• Texas Section 437.224 - Voting
  (a) A unit, force, division, or command of the Texas military forces that is engaged in regular training on a day on which a primary,...
• Texas Section 437.225 - Discharge
  (a) A service member may be discharged from the Texas military forces according to regulations adopted by the adjutant general or by federal law or...
• Texas Section 437.226 - Assistance For Tuition And Fees
  (a) In this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code....
• Texas Section 437.227 - Compensation For Death Or Injury
  A member of the Texas military forces who is on state active duty, on state training or other duty, or traveling to or from the...
• Texas Section 437.228 - Issuance And Use Of Uniform And Other Military Property
  (a) A service member to whom the department issues a uniform or other military property shall give a receipt for the uniform or property. The...
• Texas Section 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...
• Texas Section 437.230 - Exemption From Levy And Sale
  Arms, equipment, clothing, and other military supplies issued by the department to units or service members of the Texas military forces for military purposes are...
• Texas Section 437.231 - Seizure
  (a) On a finding by the adjutant general that a person unlawfully possesses, and refuses or fails to deliver up, arms, equipment, or other military...

SUBCHAPTER F TEXAS NATIONAL GUARD

• Texas Section 437.232 - Confidentiality Of Military Personnel Information
  (a) In this section, "military personnel information" means a service member's name, home address, rank, official title, pay rate or grade, state active duty orders,...
• Texas Section 437.251 - Composition
  The Texas National Guard may not exceed half of one percent of the population of the state except in case of war, insurrection, or invasion,...
• Texas Section 437.252 - Local Governmental Assistance
  Funds, other property, or services may be donated to a unit of the Texas National Guard by any public or private entity, including: (1) a...
• Texas Section 437.253 - Property Forfeiture
  When the National Guard Counterdrug Program assists a federal law enforcement agency in enforcing drug laws, the National Guard Counterdrug Program is considered to be...

SUBCHAPTER G TEXAS STATE GUARD

• Texas Section 437.254 - Employees In Texas Military Forces; Emergency Leave
  (a) A state employee called to state active duty as a member of the Texas military forces by the governor or other appropriate authority in...
• Texas Section 437.301 - Commander
  The commander of the Texas State Guard is responsible: (1) for the welfare, strength, and management of the Texas State Guard; (2) for the organization,...
• Texas Section 437.302 - Composition
  (a) The Texas State Guard is composed of units the governor, or adjutant general if delegated the authority, considers advisable. (b) To serve in the...
• Texas Section 437.303 - Governor's Authority
  (a) The governor has full control and authority over the Texas State Guard. (b) The governor may adopt regulations governing enlistment, organization, administration, uniforms, equipment,...
• Texas Section 437.304 - Assistance
  (a) Funds or other property or services may be solicited by or donated to a unit in the Texas State Guard by any public or...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 437.308 - Records; Arms; Equipment
  (a) The commander of the Texas State Guard shall maintain and preserve the individual and unit records of the Texas State Guard and the Texas...
• Texas Section 437.309 - Texas State Guard Honorary Reserve
  (a) The governor, or adjutant general under the governor's authority and direction, may transfer to the Texas State Guard Honorary Reserve an officer or enlisted...

SUBCHAPTER H AWARDS

• Texas Section 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...
• Texas Section 437.351 - Texas Legislative Medal Of Honor
  (a) The Texas Legislative Medal of Honor shall be awarded to a member of the state or federal military forces designated by concurrent resolution of...
• Texas Section 437.352 - Lone Star Medal Of Valor
  The Lone Star Medal of Valor shall be awarded to a member of the military forces of this state, another state, or the United States...
• Texas Section 437.353 - Recommendations
  (a) A recommendation for award of the Texas Legislative Medal of Honor or Lone Star Medal of Valor shall be forwarded through military channels to...
• Texas Section 437.354 - Awarding
  The governor awards the Texas Legislative Medal of Honor as directed by the legislature under Section 437.351. The governor awards the Lone Star Medal of...
• Texas Section 437.355 - Other Awards
  Sec. 437.355. OTHER AWARDS. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 144 (H.B. 115), Sec. 1 (a) The governor or...
• Texas Section 437.356 - Posthumous Awards
  An award may be made to a person who has died in the same manner as an award to a living person, except the orders...

SUBCHAPTER I ADMINISTRATIVE REVIEW AND JUDICIAL ENFORCEMENT

• Texas Section 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 has...
• Texas Section 437.401 - Definitions
  In this subchapter: (1) "Commission" means the Texas Workforce Commission civil rights division. (2) "Complainant" means an individual who brings an action or proceeding under...
• Texas Section 437.402 - Filing Of Complaint; Form And Content; Service
  (a) A person claiming to be aggrieved by an unlawful employment practice under Section 437.204 or the person's agent may file a complaint with the...
• Texas Section 437.403 - Alternative Dispute Resolution
  The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising under...
• Texas Section 437.404 - Investigation By Commission
  The commission shall investigate a complaint arising under Section 437.204 and determine if there is reasonable cause to believe that the respondent engaged in an...
• Texas Section 437.405 - Lack Of Reasonable Cause; Dismissal Of Complaint
  (a) If, after investigation, the commission determines that reasonable cause does not exist to believe that the respondent engaged in an unlawful employment practice under...
• Texas Section 437.406 - Determination Of Reasonable Cause; Review By Panel
  If, after investigation, the commission determines that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice under Section 437.204...
• Texas Section 437.407 - Resolution By Informal Methods
  (a) If a determination of reasonable cause is made, the commission shall endeavor to eliminate the alleged unlawful employment practice arising under Section 437.204 by...
• Texas Section 437.408 - Notice Of Dismissal Or Unresolved Complaint
  If the commission dismisses a complaint or does not resolve the complaint, the commission shall inform the complainant of the dismissal or failure to resolve...
• Texas Section 437.409 - Temporary Injunctive Relief
  (a) If the commission concludes from a preliminary investigation of an unlawful employment practice arising under Section 437.204 alleged in a complaint that prompt judicial...
• Texas Section 437.410 - Civil Action By Commission
  (a) The commission may bring a civil action against a respondent if: (1) the commission determines that there is reasonable cause to believe that the...
• Texas Section 437.411 - Notice Of Complainant's Right To File Civil Action
  (a) A complainant who receives notice under Section 437.408 that the complaint is dismissed or not resolved is entitled to request from the commission a...
• Texas Section 437.412 - Civil Action By Complainant
  Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action...
• Texas Section 437.413 - Commission's Intervention In Civil Action By Complainant
  After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 437.412 if: (1) the...
• Texas Section 437.414 - Assignment To Early Hearing
  The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action. Added by Acts 2011,...
• Texas Section 437.415 - Injunction; Equitable Relief
  (a) On finding that a respondent engaged in an unlawful employment practice under Section 437.204 as alleged in a complaint, a court may: (1) prohibit...
• Texas Section 437.416 - Compensatory And Punitive Damages
  (a) On finding that a respondent engaged in an intentional unlawful employment practice under Section 437.204 as alleged in a complaint, a court may, as...
• Texas Section 437.417 - Attorney's Fees; Costs
  (a) In a proceeding under this subchapter, a court may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of...
• Texas Section 437.418 - Compelled Compliance
  If an employer fails to comply with a court order issued under this subchapter, a party to the action or the commission, on the written...
• Texas Section 437.419 - Trial De Novo
  (a) A judicial proceeding under this subchapter is by trial de novo. (b) A commission finding, recommendation, determination, or other action is not binding on...

Last modified: September 28, 2016