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.

89(R) HB 4914 - Introduced version - Bill Text

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
an
a 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.